Nottsdave/Capquest-Court date soon.

[Perdita]

Andyorch helped me with mine Dave but basically i just wrote a chronological list of events, letters received and letters sent etc. HOpe this helps, its in my thread if you want a look.

P

[Nottsdave]

cheers P

 

I will have a look, I have to go offline now I will let you know how I get on.

 

Notts

[citizenB]

This is pt2537's guide to Witness statements.. HTH

 

 

Guidance Notes on Witness Statements

http://www.consumeractiongroup.co.uk/forum/show-post/post-2167282.html

 

The general rule is that any fact which needs to be proved by the evidence of witnesses is to be proved at trial by their oral evidence given in public and, at any other hearing, by their evidence in writing.

CPR r.32 and CPR PD 32 set out the formal requirements for written evidence, including witness statements. These are summarised below.

Format of the witness statement

The top right hand corner of the first page should contain:

 The party on whose behalf the statement is made;

 The initials and surname of the witness;

 The number of the statement in relation to that witness, e.g. 1st, 2nd, etc.

 The identifying initials and number of each exhibit referred to in the statement. For example, if it is the witness’s first statement and it refers to three exhibits, these should be referred to as “ABC1” to “ABC3”. In a subsequent witness statement in the same proceedings, further exhibits would start at “ABC4”;

 The date the statement was made.

The witness statement should be headed with the title of the proceedings.

The witness statement should:

 Be produced on good quality A4 paper with a 3.5cm margin;

 Be fully legible and should normally be typed on one side of the paper only;

 Be bound securely in a manner which would not hamper filing;

 Have consecutively numbered pages;

 Be divided into numbered paragraphs;

 Have all numbers, including dates, expressed in figures; and

 Give the reference to any document or documents mentioned either in the margin or in bold text in the body of the statement, for example [at page14 “ABC1”]

It is usually convenient for a witness statement to follow the chronological sequence of the events or matters dealt with. Each paragraph of a witness statement should as far as possible be confined to a distinct portion of the subject.

Content of the witness statement

 The witness statement must, if practicable, be in the witness’s own words and should be expressed in the first person;

 The first paragraph generally sets out the “who, what and why” of the statement maker:

o Who the witness is – name, residential address (or business address if he is making the statement in a business or professional capacity, together with the position held and the name of his firm or employer)

o What the witness’s connection with the proceedings is

o Why the witness is making the statement;

 Witness statements should deal with facts known to the witness. To demonstrate that this is the case, words such as: “Save where I indicate to the contrary, the matters set out in this witness statement are known to me personally.” Where a fact is not within the direct knowledge of the witness, it can be included but should be preceded by, for example “I am informed by [ ] and believe that ...”.It is important to state the source of any matters or information or belief;

 Witness statements in support of or in opposition to an interim application should contain only facts relevant to that application;

 Witness statements of lay witnesses should not contain legal argument. If it is necessary to refer to the legal position, a phrase such as “I am informed by my solicitor and believe that ...” maybe used;

 Witness statements must contain a statement that the witness believes the facts in it are true;

 Witness statements should be signed and dated.

Please see outline precedent witness statement below.

Exhibits

Documents referred to in a witness statement should be produced to and verified by the witness and remain separate from the witness statement.

Copies of individual letters should be collected together and exhibited in a bundle or bundles. They should be arranged in chronological order with the earliest at the top.

Each exhibit should have a front page attached identifying its exhibit number and details of the statement to which it is exhibited.

The top right hand corner of the exhibit sheet should contain:

 The party on whose behalf the statement is made;

 The initials and surname of the witness;

 The number of the statement in relation to that witness, e.g. 1st, 2nd, etc.

 The identifying initials and number of each exhibit referred to in the statement. For example, if it is the witness’s first statement and it refers to three exhibits, these should be referred to as “ABC1” to “ABC3”. In a subsequent witness statement in the same proceedings, further exhibits would start at “ABC4”;

 The date the statement was made.

The exhibit sheet should be headed with the title of the proceedings. A centre-heading should state the exhibit number.

[Nottsdave]

Can someone have a look at this and let me know if its ok, it has to be with the court this Friday

Any advice greatly received.

Cheers

WITNESS STATEMENT OF xxxxxxxxx

• The facts and matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where the facts are within my knowledge, they are true. Where they are not within my own knowledge, they are true to the best of my information and belief. I have stated the source of my information or belief.
  

Timeline of Events

On xxxxxx.2008 I received the Claim Form in this case issued by xxxxxxx and Collections out of the Northampton County Court.

On the xxxxxxxxxxxx 2008 I made a request for documents (from HL Legal) under the CPR 31,14, (Exhibit A) the documents I requested were as follows,

The Agreement

To date I have not received a copy of the agreement which meets the requirements (PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations) as the document sent to me is clearly a application form, and has none of the prescribed terms required which are,

Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

The Notice of Assignment

This was received in June 2008

The Default Notice

In addition to the alleged credit agreement being irredeemably flawed, it is submitted that the claimant failed to issue a default notice served under s87 (1) Consumer credit act 1974 and so failed to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561).Therefore I am unable to check the validity of the Default Notice.

On the 6th of December I requested from Capquest Debt Recovery (Exhibit B) a copy of the Credit Agreement. To date I have had no response to this request.

I therefore believe that the claimant is still in default of my CPR 31.14 request the response has been insufficient, absent Default Notice and an Application Form leading me to request that the claim be struck out.

I believe that the facts stated in this witness statement are true.

 

Signed ________________________

Dated ________________________

 

 

[Nottsdave]

anyone please ?

 

 

Notts

[AndyOrch]

Hi dave

 

I understood you had legal Representation in this matter.Lots of pming going on I recall.

 

 

Regards

 

Andy

[citizenB]

Can someone have a look at this and let me know if its ok, it has to be with the court this Friday

 

Any advice greatly received.

 

Cheers

 

 

WITNESS STATEMENT OF xxxxxxxxx

 

 

I, Nottsdave of 123 Dunroamin, Staying Put, Wherever, am the defendant in this case

The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information.

 

• The facts and matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where the facts are within my knowledge, they are true. Where they are not within my own knowledge, they are true to the best of my information and belief. I have stated the source of my information or belief. (You might want to replace this with the section in red above, you are signing the statement of truth at the bottom)
  

Timeline of Events

On xxxxxx.2008 I received the Claim Form in this case issued by xxxxxxx and Collections out of the Northampton County Court.

 

On the xxxxxxxxxxxx 2008 I made a request for documents (from HL Legal) under the CPR 31,14, (Exhibit A) the documents I requested were as follows,

 

The Agreement

 

To date I have not received a copy of the agreement which meets the requirements (PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations) as the document sent to me is clearly a application form, and has none of the prescribed terms required which are,

 

Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

 

Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

 

The Notice of Assignment

This was received in June 2008

 

The Default Notice

In addition to the alleged credit agreement being irredeemably flawed, it is submitted that the claimant failed to issue a default notice served under s87 (1) Consumer credit act 1974 and so failed to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561). Therefore I am unable to check the validity of the Default Notice.

 

 

On the 6th of December [ WHICH YEAR ] I requested from Capquest Debt Recovery (Exhibit B) a copy of the Credit Agreement. To date I have received no response to this request.

 

 

I therefore believe that the claimant is still in default of my CPR 31.14 request the response has been insufficient, absent Default Notice and an Application Form leading me to request that the claim be struck out.

 

 

 

I believe that the facts stated in this witness statement are true.

 

 

 

Signed ________________________

 

 

Dated ________________________

 

 

 

 

Dont forget that you will need to put the name of the court, claim number and disputing parties at the top of the Witness statement. If it goes on to more than one page, you should number the pages at the bottom (centered)

[ScabHunter]

It has been a very long time since I posted on this forum.

 

The last few months have been very bad indeed. The situation is still very bad.

 

There is, however, a greater fight to be won, and I never doubted I would one day be back.

 

Many thanks to everyone who sent messages of goodwill, including the silent ones I will never get to hear.

 

One person even sent me an email of goodwill. Thank you so very much for that, it has been a great help to me. I won't name you, but you know who you are.

 

I have a lot of reading and catching up to do before I can hope to give any advice to anyone. The absolute last thing I want to do is give dangerous and erroneous advice based on what was true in the past, but is not true now.

 

The important consideration for now is, I am back.

 

SH

[Perdita]

welcome back SH, you have been sorely missed and i sincerely hope things get better for you

 

P x

[summerbreeze]

Scabhunter I have read many of your helpful posts and am very pleased to see you return.

 

I also hope life will become easier for you.

[lilly white]

welcome back. SH.

 

i have read a lot of your work which i thank you for, and thank you for coming back.

 

The very best regards lilly White.

[lilly white]

Nottsdave

 

Do you have a copy of the cca posted and where is it.

 

 

lilly

[cymruambyth]

Sorry to distract from your thread, but I just wanted to say how pleased I am to see scabhunter back, and to send my best wishes.

C

[DonkeyB]

Welcome back Scabhunter. Hope you can give NottsDave some useful help.

[Dorabell]

Welcome back SH have missed you:)

[ScabHunter]

Welcome back SH have missed you:)

 

Well you couldn't have hit me, I wasn't here

 

Thanks for the messages, everybody. Sorry for hi-jacking your thread, Notts.

 

Time to get back on topic and see if we can help Notts. I'll have a read through and see what has been happening.

 

SH

[Nottsdave]

Hey Scabhunter.....

 

Great to see you back !!!!

 

Notts

[ScabHunter]

This thread is unbelievable.

 

Notts, you seem to be born under the unluckiest star in the entire constellation. If you'd been one of Dolly Parton's triplets you'd be the one being bottle-fed.

 

What on Earth can be done about judges who blatantly either don't know their job, or just don't care? EX343 is no good, and the Office For Judicial Complaints won't get involved either. They only deal with "insulting, racist or sexist comments". Well, personally, I'd sooner be called any name you could possibly dream up than have to face a judge who was a gibbering incompetent spilling his rusks and milk on the desk.

 

Every other working person in the country has to display some degree of competence if they are to keep their job. Why don't judges?

 

Can they really just carry on for ever wasting oxygen and public money even though their knowledge of the law is virtual zero? Or, is there ANOTHER explanation as to why they always side with money irrespective of right or wrong, and irrespective of the High Court case law which is supposed to be binding upon them?

 

Simple question. If High Court law is binding, and they blatantly ignore it, why the hell don't they get the SACK??

 

I'm sure we'd love to know.

 

SH

[Nomore Baloney]

Sorry, am I missing something here. Has Notts lost his case?

[ScabHunter]

Well I arrived at court in plenty of time got myself prepared.

 

The claimants representative sought me out and asked if I would like a chat before we went in.......I said no thanks I figured they might want to play mind games.

 

So in we go,

 

The DJ welcomes us and asks the other side to lay out the claim which they did.

 

The DJ then ask me what my defence is to which I begin to explain that the Credit Agreement supplied is not enforceable etc etc and that its a application form no prescribed terms ect...... The DJ states that it is a agreement and those things I mentioned (prescribed terms) are not required for a credit card agreement

I then quoted from the CCA that these things are indeed a requirement to which he stated that if I was to quote law then I should seek representation from a professional, and that reading misleading information on the internet would not get me anywhere:confused:.

 

The DJ the asked why the claimant had been late in supplying the required info and they came up with some load of rubbish (by this time Im confused and very p**ed off:evil:).

 

And then the DJ turns to me and suggest that I get some help (he mentioned CAB) I said I would like that opportunity so he then adjourned and told me I had to submit my statement of evidence by the end of July.

 

And that was that, on leaving the court the claimants representative asked if I would like to talk about a settlement to which I responded No thanks...............................

 

 

A very very p**ed off Nottsdave

 

No, but he has come up against a judge with a blatant disregard for the law he is paid to uphold. Anyone else in any other area of life showing this degree of incompetence, whether blue-collar worker or white, would be dismissed.

 

SH

[Nottsdave]

Hi All,

 

My case is due in early Oct, Im hoping I dont get the same DJ.

 

If I lose I will appeal without doubt.

 

Nothing more to say at this point other than Im totally bemused by the whole legal system.

 

Notts

 

ps Scabhunter love the Dolly Parton quip.........

[herbie171]

Hi Nottsdave were you in Nottingham CC, I am due in next week,what was the name of the DJ you had

[Nottsdave]

I was in Nottingham CC ,DJ Beale was his name.

 

Im keeping my fingers crossed that you or I dont get him..........

 

Notts

[Perdita]

I should have had my hearing today with Judge beale but it has been adjourned until after my next op - must say i was dreading it. Hope you both get on ok, will watch with interest

 

P xx

[jeccapf]

where you at with this Notts?? we're all behind you of course, but I'm on tenterhooks as to where you're at??