** WON ** A bar was put in place

[des8]

Re: A bar was put in place

So the claim will automatically be listed for his nearest court, but you can always request it be moved if you have reason.
Probably won't be moved, but no harm asking!

When you have hearing dates, let us know and you'll get help with your documents.

[emerson1988]

Re: A bar was put in place

I think I will just leave it let if I request a move would that slow things down
I got the letter telling me that it had been moved to Manchester County Court I will let you know when I get the letter with the hearing date etc.
Thanks once again for all your help

[emerson1988]

Re: A bar was put in place

Hi All

I have now got a date for the court what is the next thing i need to do ?

[des8]

Re: A bar was put in place

What date has been given for filing evidence and witness statement in court, and serving same on the defendant?
Preparing those is your next job.
The witness statement is basically a chronological account of all that has happened.
Refer to yourself as "the claimant", and the other party as "the defendant" (not I or Him!)
Use 12 point font with 1.5 line spacing.
Head it with Claim number.
Number each paragraph (or even sentence)
Sign off with statement of truth


In your witness statement you will refer to various documents, texts etc.
These are your exhibits and should be numbered; the number being inserted in the text of the witness statement

[emerson1988]

Re: A bar was put in place

We have a date of January next year i have to pay the fee by the 26 th October and all the documents need to be at court and a copy for the defendant no later than fourteen before the hearing including statement of witnesses i have sent the defendant hard copy's of all communication between ourselves all the way through so i need to send everything again

[des8]

Re: A bar was put in place

Yep, pay fee and get everything nicely typed up and in order.
I find treasury tags are best for holding papers together.
You need three copies at least: one each for court, defendant and self

[emerson1988]

Re: A bar was put in place

I am now putting my documents together what is the best way to do this what i have done so far is to high light the relevant email consent like the times i was offered the full refund and when i accepted the full refund also stating the faulty handbrake and the dealer telling me that its fine to drive the car due to it having a full mot and telling me that its fine to drive the car for the first 7 days before it needs taxing just though if i show the court the type of dealer he is what would you guys suggest

[des8]

Re: A bar was put in place

You need to follow the "directions" which accompanied the Notice of Allocation.

If they were just standard directions you only need to type up chronologically what has occurred e.g.:
1) on dd/mm/yy the claimant went to************ with the intention of purchasing a vehicle
2) on dd/mm/yy the claimant purchased vehicle *********** from **************the defendant for £******* as evidenced by receipt ********* (exhibit 1)
3)on dd/mm/yy the claimant noted the engine was missing
4)on dd/yy/mm the claimant advised the defendant of this fault by email (exhibit 2)

etc etc

This is your witness statement.
You say you "highlighted" points. If by this you mean you have used coloured highlighters or typed in capitals, it is not necessary

Anyway no panic as I don't think filing and serving is required until the end of December, so you can post up your draft witness statement, suitably redacted , for others to look over.

[emerson1988]

Re: A bar was put in place

Thanks des8 and all other users that have helped me i will take a look at the directions that was sent with the notice of allocation
I will let you know what it says and any help will be greatly received

[emerson1988]

Re: A bar was put in place

Here is the notice of allocation the Directions
1 This claim is allocated the the small claims Track and the parties are referred to part 27 of the civil Procedure Rules and the Practice Direction of that part for guidance on how the hearing of the claim will be conducted.
2 The claim will be heard at Manchester Civil Justice centre
3 from the available papers it is estimated that the hearing will take 2 hours
4) The parties are encouraged always to try to settle the case by negotiation. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately if the case is settled.
5) The parties must carry out the steps set out in the timetable below notwithstanding the fact that either they have agreed to, or that the court has encouraged the parties to, attempt to resolve the dispute by engaging in mediation via the small claims mediation service.
6) The following paragraphs set out the Judge's directions for preparation for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault having to pay costs.
The following Directions apply to this Claim:
7) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.
8) The original documents must be brought to the hearing.
9) The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this Order.
10) The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves).
11) Witness statements must:
a) Start with the name of the case and the claim number;
b) State the full name and address of the witness;
c) Set out the witness's evidence clearly in numbered paragraphs on numbered pages;
d) End with this paragraph: 'I believe that the facts stated in this witness statement are true.' ( or words to that effect); and
e) be signed by the witness and dated.
12) If a witness is unable to read the statement in the form produced to the court, the statement must include a certificate that it has been read or interpreted to the witness by a suitably qualified person.
13) If a witness who has made a statement is to give evidence or be cross-examined and is unable to do so in spoken English ( or Welsh if the hearing is in Wales), the party relying on that witness must ensure that a suitable independent interpreter is available.
14) The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not been prepared and copied to the other party and the court in accordance with the paragraphs above.
15) Neither party may rely at the hearing on any report from an expert unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary.
16) Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

Is the estimate of 2 hours a normal amount of time
Could someone please advise me what I need to do and what format do I need to present the papers to support my claim
the hearing is on the 7th January and I need to get the papers in to the court and the defendant must have a copy 14 days before the hearing



Once again thanks for al the help

[des8]

Re: A bar was put in place

1.Read part 27 of the civil Procedure Rules and the Practice Direction of that part for guidance on how the hearing of the claim will be conducted.
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27
http://www.justice.gov.uk/courts/pro...l/rules/part27

2. There is no "normal" allocation of time allowed.
It is guessed at by the courts having regard to the claim and defence submitted and experience!

3. You need to write your witness statement on A4, as per posts 64 through post 68.

[des8]

Re: A bar was put in place

Up date: received pm from op advising he won, was awarded full amount claimed plus costs.

[Amethyst]

Re: A bar was put in place

There is still justice then... excellent work guys xxx

[Stu]

Re: ** WON ** A bar was put in place

Well done