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

[Stopbox]

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So I have numbered the boxes for ease of reference:

1 & 2 - as you have them
3 - the amount of the cheque you sent the court when filing the defence and counterclaim form
4 - 0.00
5 - the subtotal of 1,2 & 3
6 - 0.00
7 - sames as 5
8 - 0.00
9 - same as 7

So I don’t add the fee for the doctors note

[jaguarsuk]

So I don’t add the fee for the doctors note

I've updated post #192 as to where I would put each figure.

Do a short witness statement to go with the application explaining you filed the Defence and Counterclaim on 10th April (or when you did), obtained a doctors note at a cost of £25 as evidence relating to it, the Part 20 Defendant has failed to file a Reply or Defence to Counterclaim within the prescribed deadline and I respectfully request the court enter summary judgement on the Counterclaim for £1,323.65 comprising £967.29 owed, interest of £6.36, issue fee of £70, cost of obtaining supporting evidence of the claim £25 and the cost of making this application £255.00.

[Stopbox]

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

Witness Statement in relation to Counterclaim for legal beagles.docx

[Amethyst]

There isn't a cost attached to filing the N225 btw xxx

will have a read through your WS a bit later ( teatime) but it shouldn't really be necessary as it's a procedural thing rather than a decision making thing - your counterclaim was filed with your defence ?

[Stopbox]

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

[Amethyst]

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

[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]

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.

[Stopbox]

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

[GBExile]

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

Ahhh OK

Sorry

[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!!

[Stopbox]

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

[jaguarsuk]

Hi Stopbox

Any news on a court date?

[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]

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.