Andy, thank you so kindly.

I have just got in from work and I will jump on that straight away.

Just so I am correct I am doing a witness statement of the actual incident? Then do I do a supplemental witness statement with regards to their witness statements and inconsistencies.

- - - Updated - - -

Partners statement was submitted on time also

Hi Andy,

Here is an upload of the courts paperwork that was sent to me. And it was the 2nd November that they had to be submitted sorry, I was thinking from memory when I stated the 4th.

img001.pdf

img002.pdf

A witness statement by yourself is simply a particularised version of your particulars of claim....in your own words...the facts....you can incorporate a response to the claimants defence and statement within your own statement...there is no requirement to submit a further statement.

Andy, does that mean I can submit a witness statement at this time which is past the date of the direction's? It wasn't clear that I had to submit a statement In our view.

I highlighted everything in my defense to counterclaim and if the case was strongly based on witness statements my defence to counterclaim could have been basic as to not let the other party know what I knew and found prior to disclosure of my defence.

What are my options, do I just leave and go to court, express my points of my views in the way of directions and try and get myself on level ground with further court paperwork

Well you are very late and Im advising you to try and catch up but as already explained in my previous post "I would advise you get one drafted fast and file and serve with your evidence"

If you think your response to the CC is sufficient ...does it support your claim also ?

What does 1a state in your upload (Page 1 Notice of Allocation )

Andy, I beleive my response to counterclaim explains everything in great detail and why I asked the question to the friend solicitor if I needed to do a witness statement,.

The information that I put forward in my defense to counterclaim has been mentioned in the witness statements from the other party which is obvious lies, I would not have knew the information I mentioned in the defence had I have e not spoke to certain people at the time, now the certain people have denied this conversation.

I understand it is hard to get an understatement of what I am going on about without knowing the full jest of the ca

se.

I have drafted my witness statement and I will serve tomorrow morning

I dont really need to know the details...Im simply explaining the process...and trying to point out the difference in a response to a counter claim and your own statement in support of your claim.

As it stand now...you have issued a claim and the defendant has submitted a defence and counter claim and a witness statement in support of their defence/cc/

You have only submitted a response to their CC and statement from a witness...so they are well in front of you.

You have not submitted a statement or evidence in support of your claim....not followed the courts directions by date.

But lets leave it at that as we are going around in circles

Hi Andy,

I have spoken to the courts to provide my statement, they had told me to complete a N244 form. Is this correct.

Thanks

No...that will cost you a fee of £100..they want you to request permission to serve late.

I would just submit it...which I would of assumed you had already as advised 2 days ago.

Thankyou for the reply Andy, I am a member of the caravan and camping club, they have a legal advise helpline.

I contacted them and they advised me to do a pagnated bundle which has took me since then to do with work commitments and so on.

There is no need to prepare a bundle in Small Claims Track...you simply attach your evidence to your statement and mark the points as (See Exhibit 1a/1b/ etc etc.)

SCT is simple disclosure...bundles are mainly for Fast Track and complex claims /cases.

Time to swerve your caravan and camping club legal advise helpline...as they appear to be giving you all the incorrect advice and could cost you this claim.

Andy,

I have just rang the legal advise line back and they have asked me to read out the directions from the court.

They are as follows.

1 - All parties must provide to the court by 4pm 2nd November the following

A. witness statements, These are written statements made by you and anyone else wishing ot give evidence. Which contain all the information you wish the court to take into consideration in deciding the case

2 -Warning: if you do not do as required by paragraph 1 the above court will strike out your statement of case and you will not be permitted to continue with your claim or defense to claim. This means that if you are the claimant and fail to do so as ordered your case will be struck out

Seems you fail to understand the process.

 

All parties......thats you as the claimant and them the defendant must submit statements and disclose evidence by the dates stated (Your initial particulars of claim are not used in the claim as evidence)...thats why the defendant has sent you their statement.

 

On your DQ I assume you didnt enter yourself as a witness...just your partner...so that should have read as 2 witnesses ...it does state how many witnessess including yourself.

 

Your partner is not party to the claim...just you and the defendant.....she becomes part of your evidence and if you opt you can request her to submit a statement as witness in support of your claim.....but you must still submit yours initially.

 

The process.....

 

Issue claim

 

Wait for defence /CC (respond to CC if applicable)

 

Inform the court you wish to proceed and submit DQs

 

Comply with notice of allocation...follow directions...pay hearing fee..submit statements and evidence by date stated.

 

Attend trial...if you wish for your partner to be called as a witness inform the court..if you wish to rely on her statement you must inform the court she will attend.

 

Andy

Yes I advised you of that on the 12th Dec above and in post#46

Yes, So I am right in that I have to complete the N244 form.

Yes, So I am right in that I have to complete the N244 form.

Well technically yes you will need to make an application for Relief from Sanctions and permission to rely on your witness statement and give oral evidence at at trial.

But this is SCT and you are a Litigant in Person so the Court may be more lenient with you.

If you make the application the fee will be £255.00 so think carefully before you do.

Andy, I can't believe people go out there way and help folk like you and others have on here which I thank yous all for.

I went to the courts and competed the n244 form at a cost of £100.

I know I could have hoped they would be leniant but I want to do things down the correct channels. It has been somewhat of an eye opener this for and my partner.

And what order did you request within your application and how did you word it ?

Andy, I can't believe people go out there way and help folk like you and others have on here which I thank yous all for.

I went to the courts and competed the n244 form at a cost of £100.

I know I could have hoped they would be leniant but I want to do things down the correct channels. It has been somewhat of an eye opener this for and my partner.

I think this was a bad idea.

You needed to file a very specific application referring to the relevant part of the CPR as well as the three stage "Denton Test."

What exactly did you write in your application?!

I completed the form and took it to the county court with my statement and exhibits.

I spoke to the staff as I was unsure on a section which was question 4. Have you attached a draft of the order you are applying for. They asked what I was submitting and I explained my witness statement and the circumstances. They advised me that section was not relevant.

I completed question 3. What order are you asking the court to make and why. The directions on the gov.uk website explained I needed to put in what I am applying for.

I entered ' to allow me to serve my witness statement after the directions date instructed'.

I completed question 10. What information will you be refering to rely on, in support of your application.

I entered 'as litigant in person I was mistaken in my belief that my defence to counterclaim statement within the claim I submitted prior would be the basis of my statement.

The statement that I am asking permission for somewhat mirrors the defence to counterclaim statement I previously served with the exception of CCTV footage of the incident relating to the claim.

Please let me know if what I have done is along the lines of at least Ok.

I think this was a bad idea.

 

You needed to file a very specific application referring to the relevant part of the CPR as well as the three stage "Denton Test."

 

What exactly did you write in your application?!

Ganymede, Thankyou for the input.

If you could look at the N244 guidelines issued by the government there is nothing to indicate what you have stated.

Ganymede, Thankyou for the input.

 

If you could look at the N244 guidelines issued by the government there is nothing to indicate what you have stated.

I don't think you fully understand what the N244 is.

It's merely a template form that you need to fill in a taylor specifically to your situation, so of course a Government website won't be able to tell you what to write in your particular circumstances.

Sorry but I really dont understand what you mean!. I dont think you fully understand what the N244 is, HONESTLY I DO NOT - I telephoned the courts, explained I need to serve a witness statement out of directions dates, yes sir you need to complete a N244 and it will cost £100. Perfect I may redeem myself. If the court staff dont know what form I need! how do I???????????????

My claim is for £800, there is no reason to appoint a solicitor as there would be no point in starting due to the costs. I will stand litigant in person in this informal world or getting justice.

I telephoned the County court after many different conflicting opinions as to what a self employed man who works 10-12 hours a day does to rectify a series of events that he has no knowledge of to eventually sit in front of a judge to honestly say, this is what I done for my reasons, here is the CCTV evidence, you decide.

But he cannot decide as the other party has involved a LLP solicitor which has all the knowledge in the world as this is what they do all day long, catch honest citizens out with technicalities!!.

I will push on through Moral's as an honest individual in society, I pay my taxes for the good of man, I am being counterclaimed for an amount which is obvious to see is a pack of lies!, thats if it gets infront of the judge, but hey the defendants solicitor will know a litigant will **** up in his paperwork.

Think I am done here along with part of my sanity into this world of lies, directions only a saint can unravel only to reveal in a thousand years as a gospel to solicitors.

Thank you to all that have helped me push along thus far.........

Thats fine what you have submitted ..it gets your point across and what you are requesting...

' to allow me to serve my witness statement after the directions date instructed'.

We would of advised different wording and which CPR to quote but you had already submitted it without asking here our opinion.

Still its in......have you now got your statement and evidence ready to go or did you attach it to your application ?