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

[Stopbox]

The texts are the same as the ones I’m admitting for evidence too, but she’s twisted the argument we had about payment on 1st December 2017 ie I need to pay the full outstanding amount owed from 7/7/17 to December, not the reduced payment. And is now saying that the texts relate to me having had my money stolen, which is false, she and her solicitor state in his letters that this alleged conversation happened on the 14th December which I can prove I never went to and I now think she realises this so is saying the texts on the 1st now relate to the alleged conversation

[Stopbox]

The last payment made was in September and it was paid in advance, and took my livery fees up to January 2018

[Stopbox]

Well you have got her high and dry on para 4 "I have never received any payment from X or the defendant for stabling the pony."

It should throw into doubt the whole truthfulness of her witness statement and then you producing WS from your colleagues contrary to what she says regarding the incident at work should finish her off nicely.
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Especially if the OP can provide a bank statement confirming a cash withdrawal or cheque. Done & dusted.

Unfortunately the other person is deceased and her husband wants nothing to do with this, so I will be unable to produce evidence of payment

[jaguarsuk]

Well you have got her high and dry on para 4 "I have never received any payment from X or the defendant for stabling the pony."

It should throw into doubt the whole truthfulness of her witness statement and then you producing WS from your colleagues contrary to what she says regarding the incident at work should finish her off nicely.
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Especially if the OP can provide a bank statement confirming a cash withdrawal or cheque. Done & dusted.

Better than that she has an email with attached schedule of payments between X and the Claimant that shes was CC'd in. If the claimant didn't receive payment then why is their a record being kept? Ooopsie

[jaguarsuk]

Unfortunately the other person is deceased and her husband wants nothing to do with this, so I will be unable to produce evidence of payment

Don't you have the email you found though? That enough will cast doubt as why was a record created if not payment was made.

[Stopbox]

Also the payment schedule she has put into evidence (the one I created), which was supposed to be signed by me and the claimant, does not have signatures against every date. Ie for the last 4 payments dates in 2014, last 6 payment dates in 2013 etc. So basically there’s nothing saying I paid those dates either

[Stopbox]

3rd redraft of the Witness Statement attached. dont' worry about the evidence numbers I shall be going through and sorting those later. but jaguarsuk can you look at points 52, 92, 94,132 and 137 as these are bits I have added on. Also am I allowed to refer to her Witness Statement?

Redraft - 3nd edition of witness statement for legal beagles.docx

[Stopbox]

Covering letter to go with the Part 20 Claim

Witness Statement for resubmission of Part 20 Claim for legal beagles.docx

[Stopbox]

Covering letter to go with my witness statement and evidence regarding my defence

[jaguarsuk]

Covering letter to go with my witness statement and evidence regarding my defence

[ATTACH]n1422421[/ATTACH]

Edit your post as this appears to be a witness statement and contains your address.

[jaguarsuk]

Covering letter for court

Dear Sirs

Re: Claim <<CLAIM NO>>

I write regarding the above matter in the <<LOCATION>> County Court.

Please find enclosed my Witness Statement, Evidence bundle LB, Form N255 for the Counter Claim and Witness Statement in support of Form N255.

I confirm that copies have been served on all other parties in the Claim.

Yours sincerely



<<YOUR NAME>>
Enc.

Covering letter to Claimant

Dear Mrs MC

Re: Claim <<CLAIM NO>>

I write regarding the above matter in the <<LOCATION>> County Court.

Enclosed is a copy of my Witness Statement, Evidence bundle LB, Form N255 for the Counter Claim and Witness Statement in support of Form N255 by way of service upon you and I confirm that the same has been filed with the court.

Yours sincerely



<<YOUR NAME>>
Enc.

[Stopbox]

I presumed I didn’t have to inform the claimant about form n255 as this is sent directly to the court to make a summary judgement?

[jaguarsuk]

I presumed I didn’t have to inform the claimant about form n255 as this is sent directly to the court to make a summary judgement?

No, you don't have to inform her and can just go with:

Dear Mrs MC

Re: Claim <<CLAIM NO>>

I write regarding the above matter in the <<LOCATION>> County Court.

Enclosed is a copy of my Witness Statement and Evidence bundle LB by way of service upon you and I confirm that the same has been filed with the court.

Yours sincerely



<<YOUR NAME>>
Enc.

I still haven't had a chance to read draft 3 yet of the WS.

[Stopbox]

I’m getting everything together today, making sure I’ve got everything and it’s correct. Then do all the printing/copying tomorrow morning and then taking it to the court by hand at lunchtime. So there’s plenty of time to read it.

do I need to make the courts aware that I’ve only only found out about the court date 2 days ago? And that they failed to send me any paperwork asking for a witness statement.

also I’d like my husband to be in the room with me for moral support, do I ask this at the same time?

[jaguarsuk]

1. do I need to make the courts aware that I’ve only only found out about the court date 2 days ago? And that they failed to send me any paperwork asking for a witness statement.

2. also I’d like my husband to be in the room with me for moral support, do I ask this at the same time?

1. Yes

2. No, you'll send a letter no later than 7 days before the date of the hearing stating you want your husband to speak for you as a lay rep, Amethyst will be able to help with a template for that. He can then do all the talking.

Next week we'll go through court etiquette and some notes for your husband to prepare him a little.

I've read the WS now and made some changes as follows:

Too much detail surrounding the 5th stable, so I have cut that down. Size of the pony and your horses aren't what is relevant or have any impact on her claim/your ability to defeat it.

Brushed up some things such as Herts, remember this is a court document and you should avoid abbreviating where possible, so Hertfordshire.

Para 95 you do not need to show the breakdown of how the money is owed as you did that in the Defence and thus elongating things necessarily.

Remember this is already a very long witness statement and you want the Judge to read it all, so duplication needs to be avoided.

Para 134 offers nothing, so deleted.