Court Date Received - Help required

[susang]

Hi,

Still doing his on behalf of sister

My sister has received her court date of 21 December 2006. she has to send some information off the the court by 20 October 2006, this includes a Witness Statement.

What exactly does she have to put in a witness statment

Thanking you in anticipation

[Glenn UK]

IS there a context to the witness statement?

What i mean is have you filled in the AQ saying that your sister will appear as a witness?

If this is so, then i guess that she has to make a statement and sign it basically setting out her case and what has happened in relation to the charges.

There is a form of words you have to use i think when she signs it as a true record.

If you can put it in context then it might help you get an answer.

HTH

Glenn

[Karnevil]

Witness statement example (this is just a rough mock up and you have to put all your own info in obviously )

EXAMPLE
1. Statement of the claimant
2. [insert name]
3. Statement no: 1

case/claim No: [claim number]

In the [insert court name] County Court

[insert name]

Claimant

-AND-

[insert name]

Defendant

First WITNESS STATEMENT

OF [insert name]

I, [insert name] of [insert home address] will say as follows:-

1. I am the Claimant in this case.
2. I make this Witness Statement in support of my objection to the judgement being set aside.
3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.
4. On the [date] I wrote to the defendant requesting a refund of charges etc...
5. On the [date] I recieved a reply etc etc saying etc etc
6. On the [date] I wrote again .................
7. On the [date] I received a reply/GOGW etc
8. On the [date] I filed with [court name]County Court a claim against the defendant for the return of excessive penalty charges as outlined in my particulars of claim.
9. A full list of the charges was sent to the defendant on XXX and was attached to the particulars of claim

10. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the Contract between itself and the Claimant.

11: A list of charges applied is attached to this Wintenss Statement.

12. The Claimant contends that:-

a. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.


b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the Common Law. ( ADD IN THE ACTUAL SECTIONS OF THESE ACTS etc and the CASE LAWS - look in the templates library_)

13. Accordingly the Claimant claims:

i. The return of the amounts debited in respect of charges in the sum of £xxxxxxxxx which includes overdraft interest charged;

ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).

iii. Interest of £xxxxxxxx (as at 26.06.06) under Section 69 of the County Courts Act as set out on the attached list of charges.

14. I would respectfully ask that the court in this case, notwithstanding allocation to the small claims track, order standard disclosure.
a. The Respondent to file at the court office and serve the me with a list setting out how charges have been calculated.
b. I understand that it is in the courts discretion to do so.

Statement of Truth
I believe the facts stated within this Witness Statement to be true and comprises of xx pages.


Dated this day of 2006

Signed
[type name]

[Karnevil]

Is she okay with the other documents to send off ? there is some info re the court bundle in the templates library which will give her a good starting point.

[susang]

Glenn UK.

The paragraph in the letter say;
"Each pary shall deliver to every other party and to the court office copies of all documents (including any experts report) and including a witness statement of their own evidence on which he intends ti reply at the hearing no later than 20 October 2006.

HTH

[susang]

Karnevil,

thanks for that, didn't look before i posted reply to Glenn UK.
I am just heading off to look at other court forms in the library, although the letter doesn't mentioned anything about other forms.

[Karnevil]

it should all become clear when you look at the bundle

[susang]

Yep - just had a look - looks clear to me, going to go through it with her tomorrow. Soo glad mine never got this far!!!

[rachel01]

I have just received my court date for March with Abbey. Are you still going to court on the 20th December?