* discontinued * Set- Aside Strike Out

[Tennessee]

I sent my passport visa exits and entries. My residential ID. My long term car hire contract and a copy of 200 deposit for apartment.

[Amethyst]

For ref - statement of truth is just a bit you put at the bottom of a document verifying that you believe it to be true - then signed and dated. A document entered without a statement of truth can be disbarred from evidence and the court had the power to order you rectify ( which is what they have done). Don't worry we'll give you a hand sorting it out.

Basically where you put 'Yours sincerely' you should have put

I believe the facts stated in this application /defence/witness statement are true

signed xxxxx

dated xxxxx

This is the relevant CPR
Failure to verify a witness statement

22.3 If the maker of a witness statement fails to verify the witness statement by a statement of truth the court may direct that it shall not be admissible as evidence.

Power of the court to require a document to be verified

22.4


(1) The court may order a person who has failed to verify a document in accordance with rule 22.1 to verify the document.

(2) Any party may apply for an order under paragraph (1).



Form of the statement of truth

2.1 The form of the statement of truth verifying a statement of case, a response, an application notice or a notice of objections should be as follows:

‘[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true.’

2.2 The form of the statement of truth verifying a witness statement should be as follows:

‘I believe that the facts stated in this witness statement are true.’

[Tennessee]

So have I right totally messed this up.
the Lowell’s legal bod wanted to talk to me outside. I was so angry. I just said sorry not talking to you now. And walked with the two ladies from CPU who’d been so good taken those notes.

[Amethyst]

That will seem really annoying to you now that the case basically rested on whether you'd written a specific sentence at the end of the document, but that is the court system and the civil procedure rules are there for a reason.

Anyway it gives you opportunity to rectify couple of other issues. I'll get some basics together in the morning for you so you can get a decent application in verified with a statement of truth.

[Tennessee]

Amethyst. My statement of Truth hasn’t gone anywhere. Is this the Fundamentals of law Judge was talking about.

[Tennessee]

Will this get set aside. Squished. Thrown out. I walked 7 miles in 30 minutes I was so angry.
So cross that I’d done something wrong and ended up with the small stick and more debt
do you think Lowell’s know it will get thrown out.

[Tennessee]

I’ve got till the 19 July. Not giving Lowell too much too soon

[Amethyst]

Cool. Don't worry it's fixable, you muddled through and did the best you could as a litigant in person, the court procedure rules aren't particularly easy reading. I will help you with it.

Going back a bit ... you earn just £1.84 a fortnight ??? How, what etc ? Might be worth a visit to Citizens Advice to check overall you are getting everything you are entitled to xxx

[Tennessee]

Amethyst. DJC was mindful of costs. Said he just wanted a statement of Truth. Put everything in it he said. Do I request I don’t pay the court costs. I’ve literally got no money. I’m not allowed to set up a payment plan as I’m considered non hab res under law... what now

[Tennessee]

Been there done that. Can’t help. I live off food banks. When I don’t exhaust the privilege. Been a bloody good diet. Thankyou Thankyou Thankyou. Did you see where the judge kept asking if I wanted his help. What did he spot from minute one

[Tennessee]

If you look at the handwritten notes page 6 it states what the judge wanted

[Tennessee]

Remember. Any printing out I can’t do. No money for that luxury. If the court didn’t think I’d stand a chance winning would they have spent £255. What do I do about this £130 for wasting time costs. What about my time wasted.

[Tennessee]

Amethyst. Sorry to be posting loads of questions
i don’t have £120 to pay this cost. Will it go against me. Will it stop me leaving this country to go USA. Will it jail me. I’m in full blown panic mode here.

[Amethyst]

God no, we don't send people to jail for having a mobile phone debt or £120 costs judgment against them. The odd ccj or consumer debt in the U.K. isn't going to bar you from going overseas.

The other side know you have nothing so other than accepting a few quid a month there's not much they can/will do.

Can I ask why you are panicking about getting the CCJ set aside ? I can't imagine you are concerned about your credit file - the judgment was 2016 and stays on for 6 years so half way gone. If you're not working, don't own property then really all they can do is accept monthly installments they are affordable based on your income and expenditure.

Of course if the debt isn't legitimate then there's the principle of things ( I haven't read through everything yet )

[Tennessee]

What monthly payments. I get less than £4 per month. I’m hardly surviving as it is. Is that why DJC stated that he was trying to help me. I didn’t like being ambushed by Lowell’s paralegal. I need to get rid of this because I need to renew my USA visa and CCJ are counted. I think that’s why DJC adjourned as part heard. He basically said come back see me. We’ll discuss your statement of truth you’ve verbalised it as long as you’ve written it down signed it. I also re read the notes. Now that I’m a bit calmer. It states Claimant to pay waste of time costs 14 days. That’s 02 isn’t it. Or me