Jump to content


  • Tweets

  • Posts

    • Should have access to all the data on the account tomorrow.  latest response from Barclays.   Dear    Thank you for your patience while this matter has been under review.   I’m afraid I’ve not yet been able to get the answers I need from the relevant team to allow me to provide you with any more information. However, please be assured I will continue to work on this and I will provide you with a further update no later than 29 January 2021.   Kind regards   Customer Relationship Manager Barclays
    • I know it would be a hassle to put all that in. However certain things that help your case and destroy their WS would probably mean that even Simple Simon as stupid and greedy as he is, would probably decide that yours was one case that he did not want to challenge in Court. If he lost on the relevant land part, his whole business at Southend airport would be over.    He would have many motorists who have paid coming back to him plus claiming GDPR payments and every other airport that they control would probably have a claim against him too..   So you are best to hit him with a strong WS to stop him from going to Court. Will it stop him if you include all that. It should do but he may have the chutzpah to think that he can argue his way out of it.  So your choice.  
    • Thanks for that, point one just confirms what I thought, I will get back to work on it with those suggestions in mind. Cheers
    • Two quick and immediate points:   1. Do NOT get your employer to suggest you were exhausted. You shouldn't drive whilst exhausted and it aggravates the offences. But in any case, since you are pleading guilty to them it doesn't matter. The circumstances of each offence are not relevant when the court considers your EH argument. By that time you have been convicted of them and how or why they happened is not a consideration.    2. Instead your employer's letter to the court should concentrate on the "Hardship" that others (e.g. the company or your colleagues) will suffer if you are banned. It should also cover why no alternatives are available to them (e.g. are your skills and knowledge scarce such that they cannot easily be replaced; can they not train somebody else quickly to do your job). That sounds harsh but your employer will be asking the court to accept that they will suffer hardship. Part of doing that is to demonstrate that no practical alternatives are available.   Remember, you will get three points for each offence whatever mitigation you offer for them - that is the minimum. So you don't need to concentrate on that. Concentrate on explaining the exceptional hardship that you or others will suffer.
    • Well that sounds a bit more hopeful. I suggest that you search the land registry https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do and if you happen to find that he is the owner of the property then you've got a very good chance at enforcing a judgement. He doesn't own the property then I think we have serious problems. I think that the search costs may be about £3 or so. This is definitely worthwhile doing
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Witness satatement and ET3 - ** SETTLED **


Please note that this topic has not had any new posts for the last 2573 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello fellow caggers,

 

A rather simple question that I can't find any answer on and therefore asking here.

Where do I address incorrect statements (aka lies) the respondent made on their ET3 and Further Particulars?

 

And whom do I question/cross-examine regarding these statements? It is not really specified who said this and that, it's all very anonymous "Respondent".

 

Do I address these incorrect statements in my witness statement? And if so, in what context? Do I incorporate the repondent response on ET3 into my witness statement? Or leave it for the submission?

 

All help is appreciated.

Link to post
Share on other sites

Any Witness Statement must include a statement of truth, and be signed and dated, so you would know at that stage who is saying what. You can refer to the ET3 in your own statement,as this will be in the Bundle, pointing out that it contains untruths, and where, but the crucial points will be in the WS documents rather than the ET3 - which in many cases contains standard denials as this is written at an early stage and before the Respondent knows the finer points of your claim.

 

Wait until you have sight of the Statements for the Respondents and frame your questions around these.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

A word of caution: I think it is very important to make sure that you focus on the points you need to prove in order to win your case. Do not get too distracted by trying to 'frisk' the other side by going through their statements one-by-one.

 

Many litigants in person spend a lot of time and energy trying to debunk their employer's ET3 and witness statements, and end up losing sight of the 'big picture'. This can be a very nasty trap ... keep that big picture in your mind at all times.

 

Very often I take the view that it is not necessary to go through each and every statement to debunk it, and instead adopt a more positive approach of simply putting forward the Claimant's position clearly in their witness statement. If your version of events contradicts the Respondent's version of events it will be self-explanatory that you don't agree with what they have said, without actually needing to go through their ET3/witness statement to say which bits are wrong.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Agreed - it really isn't an exercise in trying to score a point on every single utterence from an employer - although there is some merit in getting the Respondent to admit to a couple of untruths over key points where you can. A skilful cross-examination could see you asking a series of questions leading up to a final one where the Respondent has no option but to admit to an untruth - those are always useful in a tight case where you want to plant the seed of doubt in the Judge's mind as to the credibility of a witness.

 

On the whole however, there is no need to be clever, and unpicking the Respondent's account line by line rather than just over the key facts can divert you from the real issues of the case.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

Hi Lola's Cat,

 

I guess you might be unrepresented? You might consider getting the book mentioned on this website http://etclaims.co.uk/ it takes you through a lot of the basics and lays out much of the process. It also flags up other useful advice as well. I think it is still on its 3rd edition. Money well spent - I wish I had it to hand a lot earlier in my on ET claim. (Have a look for it in your local library as well - though I would be inclined to buy my own copy and have it to hand).

 

Do bear in mind that it doesn't seek to provide all the answers - how could it! Each claim is as individual as the person bringing it, and the Respondent's tactics can vary as well, particularly around the contents of the bundle. So stay in contact here as well.

 

Good luck in 2014..:yo:

Link to post
Share on other sites

Thanks for you advise, guys & girls. :)

 

Ultimately, I need a place/context where I can destroy the respondent's credibility. And I was wondering if my witness statement was the right place for it or if I should save it for the cross-examination of the witnesses. However, it is difficult to attribute the statements made on ET3 and Further and Better Particulars to a particular person and the respondent refuses to give me the names of the people who provided the "facts" mentioned on these docs.

 

The other problem is that they seem not to call all the important witnesses to the trial and they refuse to give me their addresses so I can apply for a order to call them myself.

Edited by Lolas Cat
Link to post
Share on other sites

SweetLorraine,

 

I have the book and it's excellent. Bought a Kindle edition which was way cheaper than the paper.

Also, Naomi Harris's book about bringing an ET claim is excellent.

Edited by Lolas Cat
Link to post
Share on other sites

If you put too much in your WS then the Respondent will have ample opportunity before the full merits hearing to think of a plausible response to an obvious line of questioning - there is nothing to be gained, and quite a lot to lose by telegraphing your questions!

 

Wait until you exchange statements and then frame your questions accordingly, and in such a way that there is no room for manoeuvre. The WS is your evidence in chief, and the ET3 is only a relatively minor document - they are often drafted to a template by the Respondent's legal advisors, and in such a way that they do not address many of the issues, and rubbish your claim from the outset. If there is a blatant untruth, then ask a question under cross examination of the Respondent's main witness asking whether they made a particular statement, for example, but otherwise it isn't a big deal as said before - the majority of the evidence - and certainly the bits that the Judge will read to form his impression of the case, will be the Witness Statements.

 

Once again, regarding witnesses, best wait until the exchange of statements to determine who you might wish to call. If a particular witness has provided a statement then it may be appropriate at that point to put the respondent on notice that you will call them as a witness, and if necessary you can ask the Tribunal to order this - the employer is unlikely to help for Data protection reasons in any case. If they haven't provided a statement, then see what mention is made of those witnesses in the other statements, and whether you actually need to cross examine those people, or whether you can ask questions of the main witnesses in order to knock out the credibility of that evidence. This is sometimes easier than asking the person themselves, especially considering that they may be reluctant if they are still employed by the Respondent.

  • Haha 1

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites
  • 2 weeks later...
Any Witness Statement must include a statement of truth, and be signed and dated, so you would know at that stage who is saying what. You can refer to the ET3 in your own statement,as this will be in the Bundle, pointing out that it contains untruths, and where, but the crucial points will be in the WS documents rather than the ET3 - which in many cases contains standard denials as this is written at an early stage and before the Respondent knows the finer points of your claim.

 

Wait until you have sight of the Statements for the Respondents and frame your questions around these.

 

Hi Sidewinder,

 

you state that "Any Witness Statement must include a statement of truth, and be signed and dated". Please can you confirm why in my ET hearing Neither my witness statement nor any of the Respondents' witness statements were either signed or dated. I feel this is a grave error on someone's behalf!

 

Thanks

 

BB

Link to post
Share on other sites
Thanks everyone.

 

They setlled now to the sum I wanted, so no trial then. :)

 

Oh that is good news!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

That's brilliant, well done. I'll amend your thread title. :) Thank you for letting us know, it's always nice to see a thread through to the end. And as you may know, it will help future caggers.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites
Hi Sidewinder,

 

you state that "Any Witness Statement must include a statement of truth, and be signed and dated". Please can you confirm why in my ET hearing Neither my witness statement nor any of the Respondents' witness statements were either signed or dated. I feel this is a grave error on someone's behalf!

 

Thanks

 

BB

 

Sorry, I wasn't the receipient of the question, but if it was not signed the judge was supposed to ask them to sign on the spot at the hearing.

Have seen it myself many times.

Link to post
Share on other sites

Very pleased to hear that this is now settled, Lolas cat :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi Lola;s cat

 

first congratulations on your settlement, you have saved yourself alot of heartache so well done!

 

Thanks for answering my question re signed witness statements, re my hearing the judge never mentioned that the statements were not signed. Is this some kind of procedural error that would go in my favour?

 

I mean the statements could have been writing by any tom, dick or sally. It is a basic thing I would have expected the judges to pick up on this!

Link to post
Share on other sites
Hi Lola;s cat

 

first congratulations on your settlement, you have saved yourself alot of heartache so well done!

 

Thanks for answering my question re signed witness statements, re my hearing the judge never mentioned that the statements were not signed. Is this some kind of procedural error that would go in my favour?

 

I mean the statements could have been writing by any tom, dick or sally. It is a basic thing I would have expected the judges to pick up on this!

 

Hmmm.... Were you representing yourself?

Otherwise, your representative should have reacted to this.

Link to post
Share on other sites
Hmmm.... Were you representing yourself?

Otherwise, your representative should have reacted to this.

 

Hi there,

 

thanks again for your response.

Nope I was not representing myself, however I may aswell have been. I had paid counsel. They were completely useless so it comes as no surprise that they missed yet again another detail.

 

However I would have hoped that the judge would have picked up on this..

 

Regards

 

BB

Link to post
Share on other sites
Hi there,

 

thanks again for your response.

Nope I was not representing myself, however I may aswell have been. I had paid counsel. They were completely useless so it comes as no surprise that they missed yet again another detail.

 

However I would have hoped that the judge would have picked up on this..

 

Regards

 

BB

 

I am surprised too - at a Tribunal I attended last Summer, it was one of the first things the Judge checked in the preliminaries on the day. Both sides would normally sign the copies to be used at the Tribunal immediately before the hearing starts.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites
Thanks everyone.

 

They setlled now for the sum I wanted, so no trial then. :)

 

Brilliant news - well done for remaining focussed and willing to see the process through :-)

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites
I am surprised too - at a Tribunal I attended last Summer, it was one of the first things the Judge checked in the preliminaries on the day. Both sides would normally sign the copies to be used at the Tribunal immediately before the hearing starts.

 

Hi sidewinder,

 

thanks again for clarifying this. Do I stand any chance of remedy for this situation?

Link to post
Share on other sites

Unlikely - I would say that you would have to have challenged this at the time, but I will leave the question open for others to answer - perhaps Becky, as my knowledge of Tribunal procedure is nowhere near as in-depth as hers.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites
Brilliant news - well done for remaining focussed and willing to see the process through :-)

 

Thanks SW.

 

Yes, I am kind of half-sorry the hearing will not happen.

It may sound weird for many people but I enjoyed doing all this by myself. It was fun. :)

 

But then I didn't have any mortgages to pay or immediate money problems.

Edited by Lolas Cat
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...