Different Agreement Turned Up Following CPR Request..Urgent WS Needed !

[pt2537]

I, [NAME] of [business address of person making statement on behalf of firm or company] will state as follows:

 

1.[I am a [state occupation or, if none, description, e.g. housewife, retired …] [and the [claimant][defendant] in these proceedings][I am a director of the [claimant] [defendant] company and am authorised to make this statement on its behalf]. I make this witness statement in opposition to the [claimant’s] [defendant’s] application for summary judgment.

 

2. 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.

 

3. There is now produced and shown to me a bundle of documents marked “ABC1”. The exhibit ABC1 contains copies [of the documents to which I refer in this witness statement]. [If there is more than one exhibit, introduce each one prior to referring to it and describe the contents].

 

4. [In chronological order, list the facts on which the witness relies in [support of] [opposition to] the application. In opposing applications for summary judgment, the following facts need to be addressed:

 

a)Refer to the grounds for summary judgment set out in the applicant’s evidence;

 

b)Explain why, by reference to the facts of the case, the respondent believes the claim/defence or issue therein does have a real prospect of success. If the respondent is the defendant his evidence should seek to establish from the facts that he has a real prospect of successfully defending the claim or issue. If the respondent is the claimant his evidence should seek to establish that he has a real prospect of succeeding on the claim or issue; and/or

 

c)Explain why, by reference to the facts of the case, the respondent believes there is a compelling reason for a trial. A respondent that has failed to establish that he has a real prospect of success may still prevent an order for summary judgment if he shows that there is a compelling reason for a trial (e.g. the case is complex, there has been insufficient opportunity to prepare a defence).

 

d)If the respondent believes the proceedings are excluded from the provisions of CPR Pt 24, explain why. For information on when summary judgment is not available, see section 2.2 of the Procedural Guide “Application for Summary Judgment”.

 

e)If the claimant is the applicant, and the application is being made prior to filing the acknowledgment of service or defence, the defendant may contest the application on the grounds of it being made too early (unless the court has given permission pursuant to r.24.4(1).

 

 

f)Has the respondent been given 14 days’ notice of the hearing?

 

g)If the defendant is the respondent to the application, consider whether a defence of set-off exists (see section 6.1 of the Procedural Guide “Application for Summary Judgment”).

 

5. I therefore request that the court do dismiss the applicant’s application for summary judgment.

 

 

 

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

Signed ________________________

Dated ________________________

 

 

this the guidance template that i use when drafting an wit statement opposing SJ

Edited January 31, 2010 by pt2537

[Popeye]

Thanks PT

 

I'm in the middle of my redraft now, but will use the template suggested.

 

I've taken out pretty much all of the statute that was in the previous version, but added in the s61(1)(a) stuff...

 

I'll post again when rewritten.

 

Thanks again for your help with this, I know you've got tons of stuff on and I appreciate it !

 

popeye

[pt2537]

Thanks PT

 

I'm in the middle of my redraft now, but will use the template suggested.

 

I've taken out pretty much all of the statute that was in the previous version, but added in the s61(1)(a) stuff...

 

I'll post again when rewritten.

 

Thanks again for your help with this, I know you've got tons of stuff on and I appreciate it !

 

popeye

 

Dont copy the template, use it as only a guide,

[angel_1]

hiya popeye

 

wishing you lots of luck and im subbing to your thread if i may,

 

ive learnt again something useful as ever from the posters here so thanks all

 

going to check what i got via a cpr request and what i got as a cca request i think one of my creditors have tried to show different agreements

 

have a fun evening all laters angel x

[Popeye]

Thanks Angel - good luck to you too

 

If I can get this Summary judgement thing out of the way I think I'll be OK (this seems to be a standard thing for Restons if you read through the threads) Get 2 bites of the cherry that way.

 

Anyway, loads of help on here - just don't leave it to the last minute as I've done with this one! Could be a long night for me i think

 

So much seems to have gone on with this, i'm not sure what to take out and what to leave in....

 

But second draft on it's way soon.

 

popeye

[RoadToRecovery]

Great informative thread.

 

gl Popeye.

[supasnooper]

Exhibit cover link - http://www.consumeractiongroup.co.uk...t-2639218.html

[Popeye]

Hi All

 

Just to update

 

Got the revised witness statement off yesterday - thanks to all for the input. The guidelines for how best to compile it and the advice on formatting etc were invaluable.

 

Best Wishes

 

Popeye

[supasnooper]

Good stuff.....keep us informed.

[Popeye]

Hi All

 

Just returned from a couple of weeks working away to find a letter from my local county court ordering that:

 

1) The defendants informal application for an adjournment be refused

 

2) The defendants informal application for leave to amend the defence be refused

 

3) Summary judgement is entered in favour of the claimant against the defendant for the sum of xxxxx together with interest in the sum of xxxxx and costs assessed in the sum of xxxxxx, a total of xxxxx. This sum shall be paid forthwith.

 

Disappointed, shocked etc etc - but I suppose the thing now is what can I do about it? Anything - or should I just sort out a payment plan with them.

 

I'm also super confused about all the additional charges, it was bad enough that they added around 17% in 'collection charges' in the first place, these additional charges have aded another £1K onto the bill.

 

As always, any help or advice appreciated !!

 

Popeye

[diddydicky]

not a very good idea not to attend a hearing for summary judgement!! why did you apply for an adjournement?

[Popeye]

Sorry I've not been around - away with work again and they monitor our internet usage so I can't log on (prob lose my job if they knew I was in debt becasue of security risk etc etc).

 

Anyway, had to ask for an adjournment because I couldn't attend as I had to go to Southampton with work (job is very much to do with handling problems at clients premises, so we often need to go with very little notice).

 

Obviously wouldn't have chosen not to attend - but the facts of the thing were so strong it's difficult to believe it didn't even get to court !

 

However, Restons true to form have now applied for a charging order, so i need to do something to move forward - but not sure what options are now open to me, so I'd appreciate some advice.

 

If it is a question of trying to sort out a payment plan - OK. But if I can a appeal or go for a set aside I'd like to try it.

 

Clearly the charging order is another subject and I'll start reading up on the various threads. But any thoughts on the SJ would be good.

 

I've read about people asking for transcripts of the hearing - and again this might be worth doing, so if anyone knows how to do this, please let me know.

 

Similarly, it's looking more and more like seeking legal representation might be my best bet, so if anyone knows any reputable firms in Lancashire who may be able to help, again, please let me know.

 

Todays post also contained a letter from my employer advising me that I may be at risk of redundancy - so all going great ! Should have said cobblers to it, and gone to the SJ hearing but I suppose hindsight is a wonderful thing.

 

Any thoughts - positive or otherwise - will be much appreciated.

 

Thanks

 

popeye

[pt2537]

my thoughts are , you should have attended,

 

In failing to attend you have done serious harm, in my opinion, you would need to appeal out of time no doubt, and you really need legal advice on this scenario, sorry if im not helping but you are now in a very serious situation and one that i do not think can be actively managed on here

[shinobi101]

subbing

[Popeye]

Hi Guys

 

OK - not sure how to go about the appeals process but will look around the forums.

 

I'll also look into getting some legal advice.

 

Probably won't be on again until, wednesday but again any advice appreciated.

 

Thanks

 

popeye