Hi

I’ve got my court case against a retailer at the end of September and I need to submit my defence

I’ve got brain freeze, do I literally just what I am doing or do I need to follow certain worded protocols with sentences

Also, the in-house solicitor at the retailer has now left, do I trust that they have their internal affairs sorted? Or do I contact the new person as noted on an out of office

Cheers

Hi There Senorita79

Who is the retailer? And whats the case about?

An employee was removing goods from my boot of car and dropped them and took chunks of paint out of it.

I just need to know what to write in my statement

Thanks

It's really not possible to advise you unless you give us full details of what has happened.

It's really not possible to advise you unless you give us full details of what has happened.

I don’t mind saying what’s happened but naming the retailer isn’t necessary

So they were removing their goods from my boot as I was returning them for a refund and they dropped the goods causing over £1k in damage.

Court date is set for end of September vía MCOL and I need to submit my defence...

I’m asking what do I write as a statement.

I (name) of (address) and then write exactly what happened with evidence of damage with photos taken at the time, all email correspondence, them denying I even phoned to report the damage, supplying EE bill confirming phi all made with a 17 min conversations, all email trails, Car damage estimates

It’s the statement content I’m unsure of .

Thanks

well that's your decision...but doesn't help your case any...

well that's your decision...but doesn't help your case any...

Unsure why the rudeness

I’ve explained what happened - all I’m doing is not saying who the retailer is but if you want me make one up, let’s use B&Q or Homebase

The cruz of it - employee removed goods from my boot and damaged the bumper causing £1k plus

I’m just needing help with a court statement.

Best thing to do is have set it out the events and have evidence. IE put it bulletpointed too - Short and easy to read.

1 - The claimant claims xxx

2 - The reason for this is due to damage to xxx

3 - The event happened on xxx date

4 5 & 6 - Events... etc...

include points of evidence ie 7 - I enclose Exhibit 1 which is damage to the vehicle.

8 - Exhibit 2 is an email sent to customer services etc.

Best thing to do is have set it out the events and have evidence. IE put it bulletpointed too - Short and easy to read.

 

1 - The claimant claims xxx

2 - The reason for this is due to damage to xxx

3 - The event happened on xxx date

4 5 & 6 - Events... etc...

include points of evidence ie 7 - I enclose Exhibit 1 which is damage to the vehicle.

8 - Exhibit 2 is an email sent to customer services etc.

Thanks - that’s exactly what I needed direction with. Like I said , I had brain freeze. Thanks again

if you are filing a defence you cant be the claimant

so why are the retailer taking you to court?

if you are filing a defence you cant be the claimant

so why are the retailer taking you to court?

Its not a defence DX I assume from the very little information its a witness statement with evidence....but we cant possibly advise without sight of the defendants defence...the particulars of claim...etc etc.

Bit like asking us whats the answer...but I wont tell you the question.

Andy

sorry the quote didn't work

post 1 line 1 reads

I’ve got my court case against a retailer at the end of September and I need to submit my defence

Its not a defence DX I assume from the very little information its a witness statement with evidence....but we cant possibly advise without sight of the defendants defence...the particulars of claim...etc etc.

 

Bit like asking us whats the answer...but I wont tell you the question.

 

 

Andy

You are right - defence was the incorrect term, as is witness. I’m the claimant but I still need to write my statement as to why I’m claiming and what for and submit my evidence.

Well you know what your particulars stated in the claim...and what the defendant responded with in their defence....your statement should be a particularised account of the event with any supporting evidence (marked as exhibits)...the exhibits then become your disclosures.

The statement must be formatted with headers and a statement of truth and dated.

Its still referred to as a witness statement even though your the claimant...you are witness to the facts of the claim.

Well you know what your particulars stated in the claim...and what the defendant responded with in their defence....your statement should be a particularised account of the event with any supporting evidence (marked as exhibits)...the exhibits then become your disclosures.

 

The statement must be formatted with headers and a statement of truth and dated.

 

 

 

Its still referred to as a witness statement even though your the claimant...you are witness to the facts of the claim.

Grrrr - I asked a court clerk that very question today when I paid the court trial fee and she said you’re just the defendant and you have no witnesses

So a statement like

I Señorita79 of “address” confirm that on said date and time then go on to explain what happened and what I’m claiming for and submit all exhibits

1- photos of car damage

2 - emails from a customer service manager denying phone call occurred to report damage and complaint

3.) Car repair estimate on headed paper

4.) all emails from their legal secretary denying responsibility

5.) further “without prejudice” email offering compensation for repair at approx 20% of the original estimate

6.) letter from mobile provider saying they will provide evidence of phone call (reporting damage)subject to receiving court order - their customer service number is 0800 so won’t show up on any bills

And then sign it off

Anything else ?

Well your not the defendant...your the claimant.On the Directions questionnaire N180 at section D3 it states....

Witnesses

D3 How many witnesses, including yourself, will give evidence on your

behalf at the hearing?

Which you should have stated 1...but not to worry.

The statement should be like the following example re format.

IN THE ******* county court

Claim No. ***********

BETWEEN:

Claimant

************

AND

Defendant

************

_________________________ ________

WITNESS STATEMENT OF **********

_________________________ ________

Introduction

I ******, being the Claimant in this case will state as follows;

I make this Witness Statement in support of my claim number xxxxxxxxx dated xxxxxx issued through the County Court Bulk Center Northampton.

Particulars of debt claimed

Refer to your letter of claim pre action protocol etc etc.....

Insert details. Number each paragraph and end with exhibit no xx if referred to.

Defendants Defence

Insert details

Claimants Response

Insert details

Conclusion

The Defendant's Defence provides for no triable issues, and serves no other purpose but to obfuscate these proceedings.The evidence adduced is clear and unambiguous. The Defendant's Defence is therefore entirely devoid of any merit.

The Claimant requests that the court exercise its discretion under CPR 3.4 to strike out the Defendant's Defence as it does not disclose any reasonable grounds for defending the claim.The Claimant requests that the Judgment be entered against the Defendant for the full amount claimed plus interest and costs

Statement of Truth

I believe the facts in this statement are true.

Sign & date.

Well your not the defendant...your the claimant.On the Directions questionnaire N180 at section D3 it states....

 

Witnesses

D3 How many witnesses, including yourself, will give evidence on your

behalf at the hearing?

 

Which you should have stated 1...but not to worry.

 

 

The statement should be like the following example re format.

 

IN THE ******* county court

Claim No. ***********

 

BETWEEN:

Claimant

************

 

AND

Defendant

************

 

_________________________ ________

 

WITNESS STATEMENT OF **********

_________________________ ________

 

Introduction

 

I ******, being the Claimant in this case will state as follows;

 

I make this Witness Statement in support of my claim number xxxxxxxxx dated xxxxxx issued through the County Court Bulk Center Northampton.

 

Particulars of debt claimed

 

Refer to your letter of claim pre action protocol etc etc.....

 

Insert details. Number each paragraph and end with exhibit no xx if referred to.

 

Defendants Defence

 

Insert details

 

 

Claimants Response

 

Insert details

 

 

Conclusion

 

The Defendant's Defence provides for no triable issues, and serves no other purpose but to obfuscate these proceedings.The evidence adduced is clear and unambiguous. The Defendant's Defence is therefore entirely devoid of any merit.

 

The Claimant requests that the court exercise its discretion under CPR 3.4 to strike out the Defendant's Defence as it does not disclose any reasonable grounds for defending the claim.The Claimant requests that the Judgment be entered against the Defendant for the full amount claimed plus interest and costs

 

Statement of Truth

 

I believe the facts in this statement are true.

 

Sign & date.

Excellent ... thanks x

Grrrr - I asked a court clerk that very question today when I paid the court trial fee and she said you’re just the defendant and you have no witnesses

 

So a statement like

I Señorita79 of “address” confirm that on said date and time then go on to explain what happened and what I’m claiming for and submit all exhibits

 

1- photos of car damage

2 - emails from a customer service manager denying phone call occurred to report damage and complaint

3.) Car repair estimate on headed paper

4.) all emails from their legal secretary denying responsibility

5.) further “without prejudice” email offering compensation for repair at approx 20% of the original estimate

6.) letter from mobile provider saying they will provide evidence of phone call (reporting damage)subject to receiving court order - their customer service number is 0800 so won’t show up on any bills

 

And then sign it off

 

Anything else ?

You shouldn't include the without prejudice emails.

You shouldn't include the without prejudice emails.

I didn’t - that was what they wrote in their email.

They offered 20% compensation but without prejudice

I’ll be writing it tonight and may post it here excluding certain info if ok.