NCP / BW Legal Court Claim form

[offdownsouth]

I would suggest NOT going for mediation and fighting your corner. The PPCs are renown for not turning up at Court or discontinuing at the very last minute. They don't all, many go all the way and often win, but a great many get spanked in Court. Remember too, that you get to choose your local Court.

I wish you good luck, though.

ODS

[Ryszu140458]

Hi All,
Apologies for the long delay in any information. BW Legal have deciced to go to court which is in 12 weeks, they also have to pay the court fee in 9.
The letter from the court states I must, before mid November, file my defence, then send witness statements.
Never having been in court either as a defendant, claimant or even witness. this legal requirement is like talking to me in Swahili
Your advises please
Kind regards

[Amethyst]

Does the order state you need to file an amended defence or full particularised defence ? Can you type out exactly what it says regards the defence pls.

Is the witness statement and documents to rely on due 14 days before the hearing ? ( that's normal )

[Ryszu140458]

Hi Amethyst
Thanks for your reply, Here is a copy of the paragraphs in the court letter

District Judge ********** has considered the statements of case and directions questionaire filed and allocated the claim to the SMALL CLAIMS TRACK

By ** November 2019 the DEFENDANT must send to the court and to the CLAIMANT copies of all documents he intends to rely upon at the final hearing. These must be in a bundle with each page clearly numbered, The defendant must bring the originals of those documents to the final hearing.

By ** November 2019 the Defendant must send to the court and to the CLAIMANT copies of the witness statements of all the witnesses they intend to rely upon at the final hearing. The witness statements MUST comply with the directions headed "WITNESS STATEMENTS IN SMALL CLAIMS TRIALS"

Hopefully this helps cover your request?

Again, many thanks

[Amethyst]

Ok it doesn't mention refiling your defence so that is good.

So before the November date given you need to do your own witness statement and documents you intend to rely on, and gather witness statement from the witnesses you have told the court you intend to have. ( did you put more than 1 on your DQ ?)


Have they sent you a document entitled "WITNESS STATEMENTS IN SMALL CLAIMS TRIALS" ?

like this ?

Note For Litigant In Person



Witness Statements In Small Claims Trial



1. You have been ordered to file and serve witness statements before the final hearing in this case.



2. ''File'' means sending a copy to the Court for placing on the court file. ''Serve'' means sending a copy direct to your opponent i.e Claimant or Defendant.



3. Who is a Witness? - The Claimant and the Defendant are both witnesses and most likely are the key witnesses. Their witness statements are consequently of great importance. In addition, anyone else who attends Court to support either sides case will also be a witness.



4. The witness statements you have been ordered to file and serve must comply with the Civil Procedures Rules (see CPR Part 32.8)



In particular these witness statements should:-



a) Be preferably typed or printed but if handwritten they must be legible.



b) Be divided into numbered paragraphs with each paragraph confined, if possible, to a distinct issue.



c) Follow the chronological sequence of events or matters to be dealt with.



d) Include a statement that the witness believes the facts to be true. This 'Statement of Truth' can be worded as follows:- ''I beleive that the facts stated in this statement are true''.



e) The statement MUST then be signed and dated. It does not need to be witnessed.





5. If witness statements are not filed and served as ordered then it may result in a witness not being permitted to give oral evidence or in the case being adjourned with the party in default being responsible for the wasted costs of having to adjourn the case.

[Ryszu140458]

Hi Amethyst,
Yes, that was all included in the court letter. As for witnesses, I can’t remember if I put my daughter as a witness as she was the person driving . Can I request the court to send me a copy of my DQ????
Thanks

[Ryszu140458]

Hi again,
Iv'e just received a letter from BW "offering" to reduce the claim to by 20% as long as I settle 1 week before the hearing.
I take this as common practice to
1) Appear reasonable
2) Edge their bets to receive something rather than lose
3) Save any further time and cost

Your thoughts please

Kind regards

[Ryszu140458]

Gooood morning all,
Just a note to thank you all for your stellar advices and thoughts. BW have sent a "discontinuance of claim" to the court and myself on behalf of NCP.
Keep up the amazing work and service to all us
Kindest regards and again, thank you