Lowell Claimform - old Very CAt 'debt' ***Claim Dismissed***

[masie123]

Thank you Andy for the reply. I see, so do you think what ive wrote is suitable for a supplimental witness statement?

 

If so do i need to hand the judge and the claimant a copy before the trial starts or do i just keep it to myself until I need to answer anything?

[AndyOrch]

The contents appear to be in response and further to having received their WS after you submitted yours......so therefore its should be a SWS...which you submit not less than 4 days before the hearing.

[masie123]

Ok thank you, do you think it's worth me doing as my court date is 3rd feb? Also in your opinion does it look ok for a sws, and would thete be anything different you or anyone else would add as im not sure its good enough?

[AndyOrch]

Of course plenty of time...and if its not already in your main witness statement then essential.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?464655-Lowell-BW-ClaimForm-shop-direct-cat-debt-***Claim-Dismissed***/page10

[masie123]

Thank you lots of good advice in that thread, I'll post out supplimental witness statement on Monday hopefully it will be considered as court date is Friday 3rd.

[masie123]

Can someone please confirm that i could take this said sws to the court tomorrow in person? If so would i get a receipt saying i had took documents in.

 

Thankyou.

[AndyOrch]

You need to format it into a Skeleton Argument first and amend point 9 ...its not another defence its additional information since receiving the claimants witness statement late.

 

9 Should read something along the lines of " Its respectfully requested that the above is accepted and taken into consideration due to the claimants failing to comply with the courts directions dated xxxxx in that they failed to disclose their evidence and witness statement by the dates stated and therefore disadvantaged my position in defending this claim.I request the court impose sanctions pursuant to CPR 3.4 (2c)

 

Yes it will be fine to hand deliver...dont forget to serve a copy on the claimant (Email)

[masie123]

Thank you Andy, im more confused than ever now. So if im understanding this, what ive wrote above is a supplimental witness statement which i don't need to write?

 

I will go and read through threads about skeleton arguments as no idea how to set one out.

[masie123]

I have been reading and looking at skeleton statements, and being honest i don't know where to start.

 

Regarding my supplimental ws above could i just change the title to skeleton statement and use that?

 

Any advice please.

[masie123]

Ive had a go could you please check this over Thankyou.

 

As the defendant of this case, i wish to respectfully make this skeleton statement.

° it is stated from the claimant that i have an agreement with shop direct and all products were delivered to my address.

 

I formally requested a cca from shop direct under sections 77-78 of the cca 1974.

Shop direct failed to send me a cca so i put this account in dispute.

 

° it is stated from the claimant that the products were ordered on 30/12/10 amounting to £750. I have no knowledge of ordering these said products and the claimant has not provided proof of how it was myself who ordered them.

 

° The claimant States the last payment received on this account was 30th may 2009.

According to the limitation act 1980 it states that the limitation period for simple contract debts is 6 years if noone has made a payment towards the debt and have not written to the creditor admitting you owe the debt..

 

° I do not recall being issued a default notice pursuant to the cca 1974 and the claimant has not provided the documentation regarding this.

 

° The claimant States in their ws that they contacted shop direct who confirmed they had no records of myself ever raising a dispute, requesting evidence or making a formal request under the cca 1974.

 

My evidence in exhibits b, c, and d contradict this, as do the claimants own evidence (ak3).

 

° The credit agreement would also be pre 2007 and the requirements for such agreements are not being adhere to by the claimant.

 

 

° it is respectfully requested that the above is accepted and taken into consideration due to the claimants failure to supply myself and the court their witnesses statement and evidence as stated in the court directions dated 5th January 2017, therefore disadvantging my position in defending this claim i request that the court impose sanctions pursuant to cpr34 (2c)

 

 

Does this all sound ok any feedback please .

[Tulip637]

I am by no means an expert, in fact quite the opposite but my case was dismissed last week, it was dismissed based on my skeleton argument in 5 minutes, and you advice is quote the law itself, especially relating to defaults, the judge read the quotes from the paperwork and used that. She didn't know ow what a default notice was so it's worth spelling it out to them. Does that make sense?

[AndyOrch]

Your initial post masie indicated to me that you wished to respond to their late Witness Statement with further response...if that is the case then its a supplemental witness statement.

 

If you dont then then its a skeleton argument...and that should just contain the bullet points of your defence and existing witness statement...no additional further points..argument or evidence.

 

So which do you wish to submit?

 

Andy

[masie123]

Thank you for your reply tulip, i did read your thread and got a good insight of what i need to be doing.

 

It is just really hard to take all this in when you've never had to do anything like this.

 

Well done on beating them, they are vermin.

Regards Masie

[masie123]

Andy, i think im going to go down the skeleton argument.

 

Is what I typed up in the thread today ok for that?

[AndyOrch]

Yes its fine...just add the court headers...Claimant V Defendant..... County Court..... claim number etc....it does not require a statement of truth....unlike a witness statement.

[masie123]

Thank you Andy, im going to tweak it abit more as i think i need to get in more about the pre 2007 agreement and lack of any of my details.

 

How long is the time frame for me to serve this argument to the claimant as i don't have a email address for them so will have to post in the morning?

 

Thankyou

[AndyOrch]

Skeletons can handed in on the day but I would try to get it to court/claimant in advance of the hearing...you seen the trouble Tulip had.

[masie123]

Yes, i read tulips problems with it, im thinking off taking it to court tomorrow and sending the claimant it on Wednesday recorded delivery.

 

Or could I take the courts one tomorrow and give the claimant theres on Friday then the judge already has it beforehand? Is that legal to do?

[AndyOrch]

Well they could moan that you have ambushed them on the day and that they have not had time to consider...which in reality they dont need time for a Skeleton as its only a summary and bullet poinst of what they have already received....nothing new.

 

A Skeleton argument is basically a running list of the main points you consider are the main fighting points that you will use..the skeleton is for you to have infront of you at the hearing so that you can readily bring up each point.

[masie123]

Ok thank you, ill post theres tomorrow just to keep things right.

 

Can i just ask what cpr 34 (2 c) actually is?

I've searched it on here, can't find anything thanks.

[AndyOrch]

CPR 3.....4 (2 c)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.4

 

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order.

[masie123]

Ahh, 3.4 (2c) thank you.

[masie123]

Is it legal to actually do both a sws and a sa at the same time?

[AndyOrch]

Is it legal to actually do both a sws and a sa at the same time?

 

Yes

[masie123]

Ive took skeleton argument to the court yesterday had to put it in a drop off area outside the building.

 

I emailed the claimant solicitor a copy and got a response email having to give other details full name and address etc, then it said it make take 5 working days to look at your email as we are very busy with emails,then went on to telephone them instead.

 

Now im not going to phone them, what if they get to court and say we haven't received any argument etc, do i take a copy of the email i sent as proof?