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

[Stopbox]

Here is the claimant’s witness statement
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[Stopbox]

There’s no mention of the part 20 Claim in her witness statement, she got a handwritten note by her that I paid £1000 in September. She going by the payment schedule I produced but saying that she produced it and not every payment is signed for. Completely denies the harassment and that my manager just asked us to quiet down and that I got agressive!! I will copy it when I get to work tomorrow and then you can all have a lot after I redact it

[jaguarsuk]

I'm not suprised you're annoyed, this has been dragging on a while.

Did the court say if you had to submit a Witness Statement too - as that is usually 14 days before the hearing. Frustrating that they haven't sent you the notice of hearing and directions, and insane that you have to write to the court ? I do hope that's email and not snail mail.

Anything interesting in the claimant's witness statement?

The Part 20 bit was the default judgment request I think? So they didn't receive that at the court either ? Any reference to the counterclaim in the claimant's witness statement at all.

I do absolutely despair of the civil court system.

The advantage you have got is that you are in possession of her WS before you have had to file yours and so can counter her points in yours.

It's worth posting her's up with identifying remarks removed alongside your draft WS to allow full input from us all.

[Amethyst]

I'm not suprised you're annoyed, this has been dragging on a while.

Did the court say if you had to submit a Witness Statement too - as that is usually 14 days before the hearing. Frustrating that they haven't sent you the notice of hearing and directions, and insane that you have to write to the court ? I do hope that's email and not snail mail.

Anything interesting in the claimant's witness statement?

The Part 20 bit was the default judgment request I think? So they didn't receive that at the court either ? Any reference to the counterclaim in the claimant's witness statement at all.

I do absolutely despair of the civil court system.

[jaguarsuk]

So I receive a witness statement from the claimant today, which really confused me as I have not heard from the courts regarding the part 20 claim or a court date.

so I rang the courts asking what is going on, to hear that a letter was sent to the claimant on the 4th June 2018 asking for witness statement and giving her the court date, which is 21st Sept at 2pm

i have now got to write to the courts asking for a copy of the letter and state that I have no received anything including a date from the court.

ive also got to re-submit the the part 20 claim.

feeling rather annoyed and frustrated!!

Well that doesn't surprise me with the courts, they can be bloody useless sometimes. Lucky she served her WS early otherwise you might have been scuppered.

You want to resubmit the application for summary judgement on the counterclaim as I assume she still has not filed or served on you a Defence to Counterclaim?

If the hearing is 21st you need to write and submit your Witness Statement by 4pm on Friday. Once you have a draft post it here for critique.

I'd suggest filing both with the court at the same time.

Hopefully they'll enter Judgement on the Counterclaim next week then.

[Stopbox]

Hi Stopbox

Any news on a court date?

So I receive a witness statement from the claimant today, which really confused me as I have not heard from the courts regarding the part 20 claim or a court date.

so I rang the courts asking what is going on, to hear that a letter was sent to the claimant on the 4th June 2018 asking for witness statement and giving her the court date, which is 21st Sept at 2pm

i have now got to write to the courts asking for a copy of the letter and state that I have no received anything including a date from the court.

ive also got to re-submit the the part 20 claim.

feeling rather annoyed and frustrated!!

[jaguarsuk]

Hi Stopbox

Any news on a court date?

[Stopbox]

Brilliant, I'm sorting that all out now, I've got my total now at £1068.65 instead of £1323.65

[jaguarsuk]

The only reason I said include a WS is it allows you to set out exactly why you are doing what you are doing, then come the application for set aside the court was in full knowledge of all the facts at the time of entering the judgement thereby giving the other party a very much uphill battle.

As there is no cost remove that from the form and the WS plus the total, then you are good to go!!

[GBExile]

I have a different witness statement for the actual case. This witness statement in for the Part 20 N225 claim

Ahhh OK

Sorry

[Stopbox]

I have a different witness statement for the actual case. This witness statement in for the Part 20 N225 claim

[Amethyst]

Ahh but this is only a n225 for default judgment on a counterclaim - not arguing the case at all - for the actual hearing I completely agree you need to get everything in there.

[GBExile]

Is this ok for the Witness Statements, I've taken the appropriate information out so that you can't see anything

[ATTACH]n1404068[/ATTACH]

Short but not sweet.

Sorry to say that I would write absolutely every thing possible in a witness statement possible that could come up as a point in court. No offence but you need to read back on the thread & write down every point you have made & copy that in to your statement. Then you need to dwell on it for a day or two & add every piece of relevant information that you previously have missed.

Putting myself in your shoes my witness statement would be at least 2 pages & concentrate on the agreement you made with the claimant outlining in detail why exactly you do not only not owe the money BUT also why you put the counterclaim in.

[Amethyst]

Yip so service is known as the court served it on the other side.

[Stopbox]

Yes, it all went in as one document, titled 'Defence and Counterclaim'