*** DISMISSED *** Small claims for stabling fees

[Stopbox]

I think it’s perfect, in reference to Paragraph 4 of the particulars of claims, is it worth adding this bit from your original defence?

1. Paragraph 4 is denied, the additional stable built for a pony was not built for or utilised by the Defendant. The Defendant fails to see the relevance of this to the claim.

[jaguarsuk]

You can as it is irrelevant.

[Stopbox]

Ok, I’ll do that.

next, how do I start the witness statement and what do I have to put in it. Thought I’d try and start it this weekend and post on Monday so people can go through it.

[jaguarsuk]

The Witness Statement should have the same format, but titled "WITNESS STATEMENT" instead of Defence & Counterclaim. You'll work to numbered paragraphs and basically it is a chronological story of what has happened up to this point. It is also where you present your evidence, so you'll say what happened and enclosed is the document proving it. You don't need to refer to yourself as "The Defendant" or her as "The Claimant" you can use I and her name.

With the documents I personally scan them in, then in the top right of each page in adobe acrobat reader put the claim number and initials, then in the bottom right corner number them within brackets e.g. [1]. It makes it easier to print the 3 copies (one for court , one for claimant and one for you) and my hand writing personally is horrendous, although you will need to take along the original documents as they or the judge may ask to inspect them.

I produce a cover page too titled with the initials and then just place a contents in that cover to show what is on what page, it allows you in court to quickly find documents and instruct the judge what page they are on if they ask.

Being LiP and winning is about showing the judge you're not some numpty whom thinks they have no need for legal representatives (remember they were Solicitors or Barristers once) bumbling along, but actually diligent and sufficiently intelligent to do this yourself.

On the day it's smart dress to look professional and that you are showing the process the respect it deserves.

Attached is the start and you'll need to put your local court name in once it's finalised in the top left corner as by the time this is sent you'll be dealing with the local court not the CCMCC in Salford.

Paragraph 3 is just an example of what I mean.

[Amethyst]

I've moved your thread to the right forum ( sorry for not realising earlier ) - Stopbox & @Jaguarsuk

On the Witness Statement - theres an example or two which might help here - EXAMPLE Witness Statement

[Stopbox]

Ok, I’ll start working on it over the weekend. Then post up once done!

[jaguarsuk]

Just to add, in the documents (both) in the middle column where it says "Claimant" and "Defendant" you will need to change them before you finalise, print and sign them as below.

I don't want to assume you know, but if you do just ignore this and just making sure you file the documents properly.


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[Stopbox]

I’d guessed that, I took our names out so I didn’t have to Black them out

[jaguarsuk]

I’d guessed that, I took our names out so I didn’t have to Black them out

I just wanted to make sure.

[Stopbox]

I’d guessed that, I took our names out so I didn’t have to Black them out

[Stopbox]

With the documents I personally scan them in, then in the top right of each page in adobe acrobat reader put the claim number and initials, then in the bottom right corner number them within brackets e.g. [1]. It makes it easier to print the 3 copies (one for court , one for claimant and one for you) and my hand writing personally is horrendous, although you will need to take along the original documents as they or the judge may ask to inspect them.

With “initials” do you mean mine?

and also what does LiP mean?

[Stopbox]

Here is the first edition of my Witness Statement, let me know what's wrong with it. I shall start scanning all the documents at work tomorrow and get them marked up.

1st edition of witness statement for legal beagles.docx

[jaguarsuk]

HI, I don't tend to come in here over the weekend.

Yes, your initials, you can actually use anything you like and I just suggested initials because as you write you aren't going to forget them, so makes things a little easier.

Sorry, LiP means Litigant in Person it's the term for representing yourself in these proceedings.

There's months to sort the Witness Statement, so I won't rush to look just yet.

Next will be complete the N9D form to go with the Defence and Counterclaim. My aforementioned horrendous hand writing means I usually type forms and print them. If that's what you'd prefer here it is: https://assets.publishing.service.go...33/n9d-eng.pdf

In boxes put:

1 Please see separate sheets entitled "Defence and Counterclaim."

2

• first box: The Amount of the harassment, over payment, reimbursement and hay nets combined. (remember to reduce the Harassment amount to keep the total of everything to less than £1,000 & amend it down in the Defence & Counterclaim document to the nearest £50)
• second box: The fee in the table here: https://www.gov.uk/make-court-claim-...ney/court-fees
• third box: Harassment, Undue Influence, Restitution for Monies had and received, Reimbursement of money for purchases, Restitution for damage to property, costs and interest.
• forth box: Please see separate sheets entitled "Defence and Counterclaim."

3 Is self explanatory.

Once you are happy with the Defence and Counterclaim it's then a case of ensuring everything has names and Claim numbers where it should, printing it and signing everything. Take two copies, one to serve on MN Legal (with a letter as previously suggested if you wish) and one to keep for your records. Write a Cheque or get a Postal Order for the fee payable to "HM Courts and Tribunals Service" for the fee and send them off to Salford.

Before sending I tend to scan everything as it's all signed and store it on something like OneDrive, iCoud or some other external secure place. This way if you have a mishap the causes damage to your records or you lose them, you have a recoverable back up. Probably wise once you have scanned your evidence in to have that on there too.

[Amethyst]

Okay, your witness statement tells the story perfectly but the points get a little lost.

So this is the important part "We agreed to the reduction in payment as this would mean that I stayed in place on her farm and would not have to move. We agreed the new payments would start from the next day 7^th July 2017"

So from start to 7th July 2017 you'd agreed to pay for 4 horses stabling, and from 7th July 2017 it was rengotiated to pay for 2 horses stabling. You need to lay out the maths on that simply - amounts owed vs amounts paid.

So 4 horses stabling price per week was £xx ?
2 horses stabling price per week was £xx ?

Number of weeks of each = total owed
Amount of payments made

Balance due as per your calcs

vs what she says you owe.


That needs spelling out simply and somewhere at the top of the statement.

Then we can work on the remainder and summarising some parts down. You want to make it easy for the judge to see where the conflict lies, and at the moment he'd need a degree in maths and a lot of patience to figure it out xxxx

[Amethyst]

started with 4 horses on 27th January 2017 - can't see the price in the WS how much was agreed per horse.

due to loss of two horses, and after some time where you were dealing with more important stuff, the agreement changed to 2 horses on 7th July 2017 at price of £xx per horse.

Cancelled and left on 9th Dec 2017

Overpaid by £292.86 ( so show HOW that happened - I know you are attaching statements as exhibits but show the basic maths and say as per the attached schedule of payments )

A spreadsheet format would be best showing each week through the whole period with payments due, and payments made, with a balance.