Piggybank

[scottygees]

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]

[Joanna Connolly Solicitors]

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 >

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

[Warwick65]

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

[scottygees]

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?

[Warwick65]

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?

[scottygees]

So since this site was out of action the claim tracked to mediation. Only for this to be cancelled the day before because the claimant Hadn’t provided any contact details. The claim has now be tracked to the small claims court for hearing on 22nd November. Looking at the court assignment letter though indicates the claimant has to pay the court £55 before the 5th November otherwise the claim will be struck out. Seems odd that a Solicitors wouldn’t pay the relevant fee in the first instance. I have spoken with Colin from Joanna Connolly Solicitors who has provided me with a number of arguments to send off to the claimants Solicitors to get them to discontinue but to no avail. I am just a little peeved about the mediation as I was prepped and geared up For this as i was aware there is room for negotiation at the mediation hearing and that this option has now been removed from the table for me. This was only a £200 debt initially which increased to double on the back of added fees.I really don’t want to go to court. So am now getting stressed about this.

[Warwick65]

You have 14 days from service so it is 19 days from the date on the claim form. If that is a Friday I would do it early as if the website goes down you would have to email it. Personally , and only because I worry, I would do it a couple of days before the deadline.

[scottygees]

I couldn't possibly comment

However, hypothetically speaking, if they did plead a Default Notice then they would be asked to produce the document which may be tricky since the Claimant appears to have gone into Administration in December 2019 after intervention by the FCA for various reasons.

Di

Di i'll await your advice on how to proceed. I assume I have 14 days to file the AOS?

[Joanna Connolly Solicitors]

hopefully they didn’t plead a DN

I couldn't possibly comment

However, hypothetically speaking, if they did plead a Default Notice then they would be asked to produce the document which may be tricky since the Claimant appears to have gone into Administration in December 2019 after intervention by the FCA for various reasons.

Di

[Warwick65]

Oops
sorry I was on my phone and missed their non compliance with your CCA request

Im sure Di will give good advice , hopefully they didn’t plead a DN

[Never-In-Doubt]

Thanks Diana Mayhew

[Joanna Connolly Solicitors]

how should I respond to the LBC when it is time bearing in mind the CCA request is still currently outstanding.

They have not complied with your CCA Request sent on 18th March so don't send another one.

Di

[Joanna Connolly Solicitors]

28thMay- court claim now received from Northampton business centre date 27th May. How should I respond?

I’ve received your email.

Di

[Never-In-Doubt]

28thMay- court claim now received from Northampton business centre date 27th May. How should I respond?

Don't do anything yet - do not defend or anything. Send an email to enquiries@joannaconnollysolicitors.co.uk and say you were sent from AAD. Attach a copy of the claim form and also a link to here (your thread).....

I have directly emailed both Jo & Di advising them I asked you to make contact. Good luck.

[scottygees]

28thMay- court claim now received from Northampton business centre date 27th May. How should I respond?