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Help please! Should I send another LBA

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  • #16
    Hello. We're still going through the court process as the mediation was failed. We just received N158 Notice of Allocation to the Small Claim Track. It says we have to include witness statement in our documents.

    In the Direction Questionairre, my husband (the claimant) includes me as a witness, since I was also in contact with the builder and been home all the time whilst he did the job. Now that means both my husband and I have to sign witness statement.

    Since our statement and evidence would be the same (apart from the witness name), can we submit the exact same letters but sign it differently? Will the court accept this?

    Any helps would be greatly appreciated. Thank you.


    ​​​

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    • #17
      you need to submit individually written statements which are not identical.
      Altho' you may both have been present at most of the happenings you will inevitably use different language in describing incidents.
      you should not collaborate over your statements

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      • #18
        Hi des8 thank you for your reply. We'll do the individual statements, but same exhibit/evidence would be fine?

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        • #19
          Yes

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          • #20
            des8 Great thanks!

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            • #21
              To be clear, whilst you have the same exhibits you will need a copy of each exhibit attached to each statement

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              • #22
                des8 Hello it's me again. Long story short we got court judgement in our favour. But the builder ignored the CCJ until passed the deadline. Since the debt is more than £5,000 I guess we should hire the HCEO instead of county court bailiffs to collect the payment. I've been Googling whole day but couldn't decide the best enforcement firms. Have you had any experience or perhaps know any good reliable companies please? Or has anyone here had experience of hiring HCEO? Thank you for the help.

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                • #23
                  Congratulations on your win, now for the difficult part of enforcing the judgment.
                  I'm afraid I have no knowledge about the effectiveness of any individual HCEO firm.
                  All I can suggest is you read their various reviews and hope!

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                  • #24
                    des8 Massive thank you to you who assisted me a lot since last year! You're a star Yes I've found few companies but they have mixed reviews, so I'm a bit worried. Really don't want to lose more money. I'll do more research tonight! Thank you

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                    • #25
                      have you done any research to see if he is in a position to pay the award anyway?

                      if you know where he lives, does he own the property? (Check here for £3 https://www.gov.uk/search-property-i...-land-registry)

                      Comment

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