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  • #46
    Hi

    There seem to be a chunk of posts missing- the last time you posted on this thread you had just received the claim.

    Just because your arguments seem to have fallen on deaf ears it doesn't mean they are not valid. We told Lowell that there was no default notice yet they still went to court (and lost because of no DN).

    It is standard practice for the fees to be paid at the two week before point. It would seem silly to pay it before in case mediation was successful or one side or the other blinked and caved in.

    Just something to think about - if you win you could use their non engagement with mediation to help ask for costs, if you don't win you could ask the Judge to not include costs because you did not have the chance of mediation.

    It is still possible they will discontinue or indeed not send anyone to court.

    Small claims courts are quite informal , nothing like a magistrates court although the room might be the same one. It is usually just each side , the judge and maybe a clerk.

    Remember to follow any court instructions such as filing your witness statement in time with a copy to the claimants solicitor and a copy to the court. Is the hearing a virtual one or a face to face one?

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    • #47
      It’s a face to face hearing. Is there a formal way of drafting a witness statement? I wouldn’t have a clue where to start. As this is such a small amount I really don’t want this hanging over me , is there a likelihood I can still negotiate on this one with the claimant at this stage of proceedings?

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      • #48
        Never-In-Doubt
        Are there any guides to writing witness statements

        Essentially you use a WS to flesh out your defence and include exhibits
        Diana Mayhew

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        • #49
          Originally posted by scottygees View Post
          It’s a face to face hearing. Is there a formal way of drafting a witness statement? I wouldn’t have a clue where to start. As this is such a small amount I really don’t want this hanging over me

          There is information on how to draft a Witness Statement which Colin explains here >


          Originally posted by Colin G Quinn View Post

          A witness statement is your opportunity to set out your position and expand upon your defence. However, a statement should be confined to matters which are relevant and within your knowledge. For example, it should not contain opinion, bald assertions or unfounded accusations. The witness statement should only contain statements of facts which, if questioned in court, you would realistically be able to attest to.

          You can find out how to draft a witness statement by visiting https://www.justice.gov.uk/courts/pr...ess-statements. Your statement of truth should be in the following form, '‘I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’'
          Di
          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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          • #50
            Thanks Di. They have now discontinued the claim as I have set up a repayment plan. I am hoping to offer a F&F in a couple of months to clear this debt.
            QUOTE=Diana Mayhew;n1537361]


            There is information on how to draft a Witness Statement which Colin explains here >




            Di
            [/QUOTE]

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