Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default The real thing...Notice Of Allocation to Small Claims Track Hearing

    :-? I wonder if any one could answer my question. Just got Notice allocation to a small claims Track(hearing)

    1. This Claim is allocated to the small claims track

    2. The parties shall exchange and lodge in the court office the following not later than 4.00pm on 31st October.

    a. written statement of evidence of all persons giving evidence including the parties whose evidence is relied on in support of or in defence of the claim.

    b. copies of any documents sent to the court but not to the other party.

    and so on ...am stuck on this, where do I go from here. I understand number one but the number 2 is beyond my scope. Has anyone seen this before please help if you have any idea

    :-?

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    without prejudice & without liability

    My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  2. #2
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    Question Written Statement of evidence

    Hi,

    I dont know if any one can help me on this. The court has requested myself and Barclaysicon to submit a written statement of evidence relied on in support of my claim. Copies of documents which party proposes to rely on.

    I have till 30th of October to get this to the court. Has anyone gone pass this bit please if so what do I need to send. Is there any documentation or bits of quotes I need to send to the courts?

    Please Help !!!!!


    without prejudice & without liability

    My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  3. #3
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    Default Re: Written Statement of evidence

    DON'T PANIC!!

    This is pefectly standard. It's the next step after the defendant (Barclaysicon) have said they're going to defend, and you've both submitted AQs.

    For the documents you need see here.

    Victimnomore
    By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..
    Barclays Case1
    14/03/07 **WON** FULL settlement £3358.39
    Barclays Case2
    08/09/08 Prelim: please give me my £187.91 back.
    Halifax Case1
    14/03/07 **WON** Refunded £728 (including £54 costs)
    Halifax Case2
    08/09/08 Prelim: please give me my £268.24 back.

  4. #4
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    Karnevil

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    Default Re: Written Statement of evidence

    Is it a witness statement they are asking you for along with the list and copies of documents you intend to rely on ?

    Can you copy exactly what the ocurt has asked for and we can check if the court bundle linked to above will suffice or if you need a witness statement as well ?

    Thanks


  5. #5
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    Question Re: Written Statement of evidence

    Thanks for the swift response guys.
    @ karnevil
    Yes the court has actually requested for witness statement if I have a witness along with the list and copies of documents I intend to rely on .

    I know I have to send all this document to the courts but do I actually send all this document to the Bank as well or I take their copies (Bank) on the court date/day? Please advise

    I will have a look at the link

    thanks

    without prejudice & without liability

    My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  6. #6
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    Karnevil

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    Default Re: Written Statement of evidence

    okay - can you copy out what the court order actually says please thanks.


  7. #7
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    Default Re: Written Statement of evidence

    Template for top of witness statement
    1.Statement of the applicant
    2.[insert name]
    3.Statement no: 1
    4.Exhibits “[your initials 1]”
    case/claim No: [cLAim number]
    In the [insert court name] county courticon


    [insert name]
    Applicant
    -AND-
    [insert name]
    Respondent


    First WITNESS STATEMENT
    OF [insert name]


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

    I am the [Applicant] [Respondent] is this case.



  8. #8
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    Default Re: Written Statement of evidence

    Your Allocation Questionaire would have asked (Section D) how many witnesses you intended to call. Did you enter "0" ?

    If so, you can ignore the witness statement part of the courts direction.

    All you need do is collect your document bundle (see here), make two copies. Send one to the court, and one to the defendant (Barclaysicon).

    Victimnomore
    By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..
    Barclays Case1
    14/03/07 **WON** FULL settlement £3358.39
    Barclays Case2
    08/09/08 Prelim: please give me my £187.91 back.
    Halifax Case1
    14/03/07 **WON** Refunded £728 (including £54 costs)
    Halifax Case2
    08/09/08 Prelim: please give me my £268.24 back.

  9. #9
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    Default Re: Written Statement of evidence

    @Karnevil

    Below is the exact wording in the court correspondence
    The District Judge has considered the statement of the case and allocation questionnaires filed and allocated the claim to the small claimicon track.

    1. The claim is allocated to the small claim track

    2. The parties shall exchange and lodge in the court office the following not later than 4.00pm on the 30th of October 2006.

    a) The written statements of evidence of all persons giving evidence including the parties whose evidence is relied on in support of or in defence of the claim.
    b) Copies of any documents which a party proposes to rely on.
    This must include copies of documents sent to the court but not the other party.

    3. The hearing of the claim will take place at 12.00pm on the 9th of November 2006 and should take no longer than 45minutes.

    The correspondence further says the case is suitable for Mediator.


    Thanks





    without prejudice & without liability

    My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  10. #10
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    Default Re: Written Statement of evidence

    @ Victimnomore

    I entered 0 in section D of the allocation Q'

    without prejudice & without liability

    My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  11. #11
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    Default Re: Written Statement of evidence

    Then, as far as I can see, all you have to do is prepare your documents, quoting your case number, (see here) and send a copy to the court, and a copy to Barclaysicon.

    Victimnomore
    By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..
    Barclays Case1
    14/03/07 **WON** FULL settlement £3358.39
    Barclays Case2
    08/09/08 Prelim: please give me my £187.91 back.
    Halifax Case1
    14/03/07 **WON** Refunded £728 (including £54 costs)
    Halifax Case2
    08/09/08 Prelim: please give me my £268.24 back.

  12. #12
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    Default Has Any One Been Settled Recently Or Went Through To Court...

    Hi Everyone,

    Was just wondering if any one has been settled or went right through to court recently. My Court hearing is end of November and am yet to hear from Barclaysicon to make any offers.

    Please advise........

    without prejudice & without liability

    My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  13. #13
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    Default Re: Has Any One Been Settled Recently Or Went Through To Court...

    Have you looked in the Barclaysicon successes forum? Plenty of them there. :-?


    Edit: 3 threads merged, please stay on one thread per claim.

    Apologies to people who I was in the process of helping, I may be gone some time.

  14. #14
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    Default Re: Written Statement of evidence

    Quote Originally Posted by OleBanks View Post
    2. The parties shall exchange and lodge in the court office the following not later than 4.00pm on the 30th of October 2006.

    a) The written statements of evidence of all persons giving evidence including the parties whose evidence is relied on in support of or in defence of the claim.
    b) Copies of any documents which a party proposes to rely on.
    This must include copies of documents sent to the court but not the other party.
    Just a quickie.
    Did Barclaysicon send you a copy of what they will be relying on in Court?

    Have you heard anything at all in relation to the above order?

    To follow my case progress, click here to see where I'm at right now.

    Welshman


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