Showing results for tags 'statement'.
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Allegedly I drove into the bus lane in august 2014, twice. Bmth Council have sent PCNs and all corespondense to my old address. I moved to the new address in january 14. My oversight was to notify driving licence department of DVLA and presume they will share information with vegicle registration people.. . I letter has been delivered to my on 04/08/15 by the new owner of my old address. Its from Equita. They have been trying to reposess my car for the debt of £579. Since them I have been in touch with Bournemouth Council and TEC, Filled out and sent PC2 and PC3 forms. However, Bournemouth Council is requesting for my application to be rejected on the ground that the correspondence they sent was never returned as undelivered so I had plenty of time and opportunity to reply to them. I believe now both parties are waiting for resolution by TEC. Is there anything else I can do? -
We have just finished (finally!) building works at out house. The price of the works exceeded £30k (we did not have a signed contract - lesson 1!). There were snags and damages that they attended to, but some were unable to be fixed, which leaves a balance of £308.00 on their invoice that I did not pay (which I explained to them) as I'm going to have to pay / have already paid for the following damages: damaged flooring (£180), decs for the replacement flooring (£100), broken window (£140), replacement of shower hose (£25), replacement of broom (£20). In addition, we now have a broken marble fireplace hearth, 2 light switches that are not working correctly, and we have to fix several issues on a desk that they reinstalled. There were also several other issues (including the boiler being put in the 'wrong' place) that I could raise a fuss over, but I'm not. The CCJ says that 'work was carried out as per Mr P's request and he has not paid us in full, i.e. non payment of our invoice'. If anything, I feel that he owes us money, but I've no interest in filing a counter claim - and I feel a bit petty causing such a stink over £300, but I do have to have things fixed, and they are going to cost more than £300 to do. What's the best way to go about this? Deny that I owe the money on the invoice due to damages? Should I be detailed in my explanation? Is there a benefit for submitting online vs registered mail? I really would appreciate any help that you can give. Kind regards, Mrs P
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http://parking-prankster.blogspot.co.uk/2015/04/beavis-result-out-bpa-issue-press.html -
Hello guys:) Just returned from a long stint overseas and walked into Santander to open a bank account on Wednesday. I stupidly forgot that my account was written off in late 2009 with 490.00 inside. The clerk noticed a closed account and pulled me to one side to confirm the situation and advised it would be wiser not to try and reopen a new account and would be much better off going elsewhere (good of her to be open and honest) Within two days of my visit I have received a Transaction Summary Statement. I've already researched what this letter is used for so issues there. They have also managed to date back the opening balance to last year? ( I haven't had any correspondance with this account since 09) My worry is that the bad debt is now reopen for a Debt Collection agency to chase and has been readded to my credit file which I believe should have been cleared 5 years afterwards (2014 for Scotland) Are the agencies still able to recover? Any help would be greatly appreciated! Cheers, Nick
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Went to ATM link cash machine in my local shop .i wanted to withdraw £500 the machine made the right noises £180 came out the cash machine and then the machine came up with an error I then checked my bank statement which showed £500 taken from my bank.now am £320 down what can i do? Lady in the shop said this evening when the shops closes the machine will be checked will i get this money or not my bank has made note of this -
Cabot have sent me this today. Do i just ignore it? See post below for bigger picture. sorry
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Hi, I have issued a claim on MCOL and the defendant has filed a defence on an additional sheet of paper which has been signed and dated, but he has not signed the statement of truth or given his date of birth or an address. Is the defence a legal document as he has made statements which I have documentary evidence are untrue. Surely they will be in trouble in court for telling blatant lies? Thank you for any help. -
List of events Received claim from Northampton CC Acknowledged service Sent CCA request to Lowell and CPR 31/14 to BW Legal Reminder sent to both after 14 days Embarrassed defence submitted as could not reply to particulars without agreement, DN and NOA. Directions sent out for witness statements no later than 14 days before hearing I filed my witness statement to court with 15 days to go 2 days before the hearing I now get claimant witness statement with copy of agreement and NOA attached but no DN What can I do from here? I am surely prejudiced by this as I am unable to defend it now, plus also the directions stated if docs and statement were not filed outside of 14 days then they would be disregarded. Also the agreement looks very dodgy and looks reconstituted, it was taken out in May 2006 so it must be the original surely? Plus also some particulars are missing from it such as their signature and also a credit limit? How do I proceed from here as the hearing is this Wednesday. -
Hi Caggers For anyone who is self employed and claiming WTC they will be subject to scrutiny and have to prove they are effective and working. They also have to earn each week the equivalent to min wage at 24 hours. If not will be stripped of the WTC. I have heard rumourned we will be forced back on to JSA to look for better paid work. Even with UC the rule would have given us 12 months grace to make the business work to that level of profit, no such thing with this new ruling.
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Good evening. In a two-year small claims case (yes - two years!) it looks like things are finally heading to trial*. I am the defendant/counter-claimant and litigant-in-person. Other party also representing themselves. I have just exchanged documents with the other side. On reading their witness statements, I find that one of the statements makes explicit reference to previous settlement offers from us that were clearly marked 'without prejudice'. The figures cited are figures that were presented, but are used to misrepresent the actual offers/counteroffers dialogue (to make me sound unreasonable), without copies of the actual letters included. Question: can I ask the judge to dismiss this witness statement as inadmissible? Alternatively, can I choose to agree to having the 'without prejudice' letters admitted - but ALL of them including the other side's (although none have been included in the exchange documents)? This latter option would make it quite easy to show that the other side is unreasonable. Also, given that the claimant has effectively disclosed in a witness statement that they have offered to settle by paying me, does this imply they have 'dropped their claim'? Can they still go to court on their original premise, namely that I should pay them the outstanding part of their bill? Two other questions: Two of the statements share about 60% of the wording - word for word. As witnesses are meant to write statements 'in their own words', is this grounds for dismissing the statements? Also the witness statements provided by the other side are unreferenced (i.e. allegations without referring directly to related documents, such as quotes, e-mails, product data sheets, etc - although these, with the exception of the 'without prejudice' letters, are included in the exchanged documents, connection to the witness statement is not shown). How would a judge treat a statement that isn't referencing the relevant information? I have looked everywhere online for information specific to the main query, but I can't find anything that explains what I need to know. Can anyone advise me, ideally with reference to relevant law info that I could cite if necessary? Thank you so much. Sue *Details, in case anyone wants to know: the case concerns withholding final 10% of a bill - for faulty windows/fitting. Then being sued by joinery company, and counterclaiming. JOINT Expert report, commissioned a year into the case after pressure on claimants by a judge, found that the company owes me money, not the other way around, due to the nature of the defects - 6-10 times the amount they sued for. Judge at the last hearing pointedly advised parties to find a way to settle out of court. Claimants refused any reasonable offers of settlement (under 50% of max total expert estimate) and made what I consider silly offers (roughly 10% of joint expert's estimate). So far no joinery company I asked has been willing to take on the mess I have been left with, so I think the windows will need replacing - which will cost more than small claims maximum. -
Hi Lowell have been chasing me for a debt for some time. The letters they have sent have always been vague and I have written to them asking for assignment notices / original credit agreement and other information but never received a thing. They are taking me to court and today I have received the court bundle they have submitted. They are saying this is a debt to Vanquis Visa for £807.95. They have a copy of my on-line application and statement. That's fine - I don't dispute a debt to Visa, it's just never been clear what Lowell are chasing for Lowell have included a copy of an assigment notice saying my account was sold to them on the 18th of December 2013. The letter is dated 26th of December 2013 (Boxing Day). They have included another letter, also dated 26th of December 2013 introducing Lowell. They then include a letter from Vanquis dated 12th of August 2014 to me saying they had made a request for a hard copy of my application which could not be provided as it was done on-line. I have never made this request to Vanquis. I have only requested a copy of the original credit agreement from Lowell. They have sent a default letter from Vanquis dated 21st Feb 2013. I have been resisting this case because I have never been clear what Lowell have been chasing. I didn't get the letter they sent on Boxing Day 2013 and I have sent letter after letter requesting the original credit agreement and had nothing back in reply - just generic threatening letters. The court date is the 19th of December. Do I have any sort of defence here? I don't mind paying Visa but I don't want a CCJ from Lowell who have not provided me with ANY information about this debt over the last year or so. Any help greatfully received. -
I am in the situation where i was the victim of ID Fraud from a previous address. Hillesden have been at me for the last 18 months. I told them i had no knowledge of this debt, put up or shut up and take me to court. I did the usual and put it into official dispute. They came back and stated they believed i was the person that they were after and now seek payment. Now after a 6 month lull i get this. Looking through various threads it seems that hillesden purchase the right to use the Alpins letter head as a frightner. Is this true, or do i need to rack this up a gear myself with hillesden thanks -
Interesting one from the MAS https://www.moneyadviceservice.org.uk/en/static/standard-financial-statement-consultation W -
Taking someone to court at the moment, and the Defendant has very clearly lied in their statement of truth about three things. By very clearly I mean I can actually prove it very, very easily. For example, the Defendant says that they have carried out action that should limit their liability when no action has been carried out and the wrongdoing is continuing. They state the wrongdoing finished within 2 hours of them receiving a Letter Before Claim. Another example being that I have made no attempt at mediation and have merely threatened them, when I have made three written offers of mediation, all of which they signed for by recorded delivery but failed to respond to. The question is, how do I notify the court about this? It turns out I could have done so when I sent out the allocation questionnaire, but that was yesterday! I only found this out today. How else can I approach it? -
Hello All - Ist time post. In seeking further disclosures from the Respondent prior to ET, is the correspondence to and from them able to be discussed at the ET hearing?
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Hi, HSBC have made a claim against me which is in court next week. The district judge requested that by 19th August that we had to file at court and serve on our opponent a witness statement and by the 26th August the claimant (HSBC) had to pay the hearing fee. It says on the court order: I have complied with this order, however HSBC have not sent me a witness statement. I've just rang the court, who have informed me that HSBC has paid the hearing fee, however they haven't received the witness statement either (however there is a 10 dayish backlog - so it may not be on the system yet) The court clerk advised me to email the court to request the claim be struck out Do i need to fill in a N244 form too or will an email request be all i need to do? -
Dear all I took 3 court actions against hsbc based on BCOBS unfair treatment and breach of data protection act as well as breach of contract The deadline of the witness statements was on 17th July which I (claimant) provided them within the deadline I received a letter on 19th July dated on 17th asking me by CPR 3.8 extension of this deadline I gathered some information on the internet and this website and responded to them the following (as I did not want to be seen who is not co-operating but at the same time I don't want to allow them to get away with their mistake as thee is no valid reason given) "The claimant may wish to not oppose your request of extension however at the time that claimant received your request (19th July) the deadline had already expired. According to the claimant's interpretation of CPR; 3.8 (as you mentioned in your letter) might have not been effective in our current position unless the court were persuaded therefore any extension is a matter for the court at this stage" So they ignored this part of the letter and they provided their statements and last one I received yesterday, the court is on 31st July So far they have not filed any application to the court What do you recommend? Shall I provide these correspondence to the court? Regards
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Hi Everyone. Hopefully a simple question here. A WP08 form was filled out by A4E, because I turned up for a course and asked to leave 20 mins early to sign on, they reused and cancelled the course saying they would rebook. So I received a sanction doubt, replied to it but received a sanction for the whole month of Jan 2013. I put in a Subject Access Request (SAR) so I can appeal the sanction. The paperwork I have received includes all paperwork from A4E. Two sheets in particular interest me. One sheet looks like a memo, but all the details have been blanked out with two big black squares. Just as all the other A4E sheets where the A4E staff members name has been blanked out. One of these forms was a WP08, a statement of what happened when I turned up at the A4E office, and I left. The person who signed this form has had his name / email blanked out. But thankfully the DWP sent me their copy of this form showing the persons name and email. The person who signed the statement wasnt even one of the members of staff from my A4E office. So can a person, who didnt witness the actuall events, sign a form saying the contents are true and accurate ? The next point is that the staff on the WP08 form stated "The client did not turn up to the event". But I also received some more A4E screenprints, where one of the comments on the system, regarding this event states "Client arrived at office, but did not wish to stay for the course". Which is rubbish. So the local office staff have entered one comment saying I arrived at the office, but the statement states I didnt even turn up. Can I use the line that the statement has to be signed by a witness who was actually there and witnessed what happened. And can I also use the two different comments to cancel the sanction, as the two comments stated above contradict what happened. I ask because if you state specifically in a statement that "The client did not turn up for the event" then in my mind thats plain english, stating I didnt call, didnt go in and say HI, didnt just sit in the reception area and then leave or didnt even stick my head round the door and say I wasnt doing it. It states I didnt even turn up, when the other system notes state I did turn up, ie doesnt matter that the staff cancelled my appointment and said they would rebook, because its my word against theirs, but having two A4E docs stating completely different comments should be a good reason to appeal. Thanks Phillip
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I am a litigant in person and the Defendants Solicitors have served upon me three witness statements. Not a problem, but these were gained in a Criminal case brought against these individuals who were subsequently found guilty. I have several problems. Can a witness statement that was used in a Crimanal case (written on a "Statement of Witness form) be used against me in my civil claim ? All of them state 10 pages and the last page is missing. One of them has no signature at the end of the text ! ! ! (the note at the bottom of the form clearly states on every page that it "must be signed at the end of the written matter by the person making the statement")although they are signed at the top(but anybody can insert their own dialogue). Several of them have crossings out but are not initialled. Can anybody point me to a "Practice Direction" or a CPR Rule that I can look at.
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I was caught driving in my HGV not wearing a seat belt. Caught red handed and have no excuse. I received a summons to attend my local Justice of the Peace court with police statement attached. The statement is very inaccurate. Officer states he was sitting observing traffic when he noticed my driving without a belt. The officer actually passed me while I was stationary on a roundabout, he was driving round the roundabout and doubled back to pull me over. Whislt I do not contest the charge at the time, why can an officer make up the situation and put it in writing. If I was to obtain video evidence from his camera that he was driving and not sitting stationary observing traffic, and had to divert his course to pull me over........ Is it worth a challenge.
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Please help me in preparing the witness statement for employment claim. I have hearing on next month and I have to submit witness statement on Tuesday. where to put facts and where to put opinions. what are the tricks and strategies. -
Hi I have to produce a statement of evidence and do not know what this is I have tried to search for a example/templet on the web and also tried to see if there is guidance in the CPR surprisingly I cannot find any info anywhere. I'd be grateful if someone can direct me in the right direction or to a template/example. I have tried to search for one on this site and there are references to one but I have not found it yet. Thanks.
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I am a litigant in person and a defendant in a civil claim in the high court. The judgment went against me based on a witness statement of Mrs X in support of the Claimant. Mrs X was not present at court and her witness statement was only made available to me 30 minutes before the hearing on February 3rd. During the hearing, the solicitor of the Claimant informed the court that he had made contact with the witness. Following enquiries at the address supplied and at the place of work stated in her witness statement, Mrs X is not known at either. A check on the voters register revealed no such person. I've written to the solicitors and questioned them about this new development and they've failed to respond. My obvious and only conclusion is that Mrs X does not exist and the witness statement of Mrs X was indeed made up. Should this matter be reported to the police or to the court? And if reported to the court what is the likely process involved? I Thank you
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Apologies if this has been posted already but I noticed this statement and linked adjudication on POPLA http://www.popla.org.uk/statement_28-01-14.htm It seems that the adjudicator has been slightly annoyed by the decision of the PPC involved (redacted but almost certainly Parking Eye) and the BPA to use the transcript in a private section of the BPA website to (according to some suggestions) provide instruction to other PPCs in order to combat the 'no genuine pre-estimate of loss' argument. The Adjudicator is concerned that in doing so the impartiality of POPLA may be compromised so has published the redacted transcript of the adjudication - the transcript also refers to this point. The transcript gives not only a useful insight into how POPLA will view applications on the basis of No GPEOL, and the hurdles to be overcome on either side of an appeal on that basis, but it also makes a mockery of the carp souted on the PE website about the majority of POPLA decisions on GPEOL being awarded in favour of PE. Whilst the adjudication may indeed give PPCs some ideas as to how to make charges fall in line with a GPEOL, there is also a degree of clarity over what cannot be included in the mind of POPLA - management and running costs of the car park cannot be for example, however staffing time (which could be shown to be expensive) and administration in chasing charge notices might well be accepted as a 'loss'. I would therefore see that point as stressing the importance of early communication and appeal to the PPC being important so that they cannot claim to have incurred the losses which might go along with an uncommunicative victim. Of course this is all notwithstanding the fact that this is just a POPLA adjudication rather than a binding legal precedent, and ignores the various and many other reasons why a charge on private land might be unlawful, but I found it interesting nevertheless! UPDATE - It appears that this case has already been featured on the Parking Prankster site but the above is for those who may not have already seen this -
Hi all, My tenant has made a claim against me for harassment a few weeks ago. As a defence to his claim, I made a counterclaim providing a witness statement but the tenant is now asking the court to consider my witness statement as invalid since my signature on this last is not the same than on the tenancy agreement signed. Many thanks,
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