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    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Car mechanic problems!


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Well reading between the lines...that " Latest letter " is your Notice of Allocation

 

and " send all of the docs you want to rely on in court to the defendant and the court " is your Standard Disclosure and witness statement

We could do with some help from you.

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seriously? I don't get it. the guy wrote me personal messages himself. why would this not be considered evidence? really don't get it.

 

You need to draft your own witness statement as well giving your side of the story.

 

A print out of an online conversation with the other party is not a witness statement.

 

Did you submit a formal reply to Defence then?

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Yes I have submitted a formal response. It's a very long document with all evidence (aside from this conversation I mentioned above).

 

Will the online convo not be a witness statement once I have signed it etc as mentioned a few replies earlier in this thread?

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Your witness statement should be in the proper format and should properly explain the situation to the judge. You can however refer to the online convo in the witness statement, and attach a print-out of the online convo at the back as an 'exhibit' to your statement.

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Thanks for the responses.

 

I have submitted my evidence via my response to his defence. I basically wrote a massive documents refuting all his points with evidence where possible. I sent this to the courts and the defendant has it too.

 

In terms of this additional witness statements. It's in the form or personal messages on an online forum that I've printed off. Do I need to send this to the defendant ?

A reply to defence is optional and only needed if you want to address any new issues raised in the defence and allege facts in answer to the Defence which were not included in the Particulars of Claim.

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Thanks for all of the responses. Regarding my witness statement.

 

What I did was write a massive and detailed reply to the defence. Within it was my version of the story and responses to every single point he made. I have many appendices with my "evidence" as I call it. Most of these are facts established by logic. And some are actual invoices for example where the other mechanic has written down what the issue was and what work was carried out.

 

Would the above count as my witness statement?

 

The additional private messages I mentioned. Can I just take those on the day and show the judge? Or would they be inadmissible because I did not provide them before hand.

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Thanks for all of the responses. Regarding my witness statement.

 

What I did was write a massive and detailed reply to the defence. Within it was my version of the story and responses to every single point he made. I have many appendices with my "evidence" as I call it. Most of these are facts established by logic. And some are actual invoices for example where the other mechanic has written down what the issue was and what work was carried out.

 

Would the above count as my witness statement? no because you sent it with the defence...not at the right stage

 

The additional private messages I mentioned. Can I just take those on the day and show the judge? Or would they be inadmissible because I did not provide them before hand.

 

Inadmissible...everything must be in your standard disclosure and anything in that must be referred to within your witness statement...so just copy everything you sent with your defence reply and add the additional...and lay it out in the standard witness statement format.

We could do with some help from you.

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Inadmissible...everything must be in your standard disclosure and anything in that must be referred to within your witness statement...so just copy everything you sent with your defence reply and add the additional...and lay it out in the standard witness statement format.

 

ok i understand the witness statement thing. but what is my standard disclosure?

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Standard disclosure is every document you have referred to within your defence and witness statement thay you will use as evidence and rely on.

We could do with some help from you.

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ok thanks and do i need to send my standard disclosure and witness statement to the defendant?

 

Yes and to the court by the dates advised within your Directions contained in your Notice of Allocation

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the court advised that i need to send everything 21 days before the date of the hearing.

is this normal?

 

i think i understand what to do. i'm going to turn my response to the defendant into a witness statement (as advised above) and send it to the defendant and the courts.

 

hopefully that should cover me totally?

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Yes its the normal procedure why?

We could do with some help from you.

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just curious

 

the defendant will be bringing witnesses.

is it necessary that he tell me what they are going to talk about and who they are?

i have no clue at the moment.

i dont understand why i have ot send him all of my evidence and docs

when i dont have any info about what his witnesses are going to say.

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that makes sense! I've had nothing yet.

He still has a few days I suppose.

 

If I had not sent anything other than my witness statement, would it be enough?

Assuming I've sent the directions questionnaire and all of the other forms they wanted filling.

 

FYI-my witness statement is now what my response to the defence was plus some more info.

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No you send standard disclosure and your witness statement...nothing less.

We could do with some help from you.

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Just had a look online. Is the standard disclosure just the n265 form? This form doesn't look familiar so I don't think I've filled it in. Odd though, I don't think I was asked to specifically fill this in. If I don't complete this, is my witness statement irrelevant?

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Normally only used in Fast Track...just draft your own cover letter and list and number your documents.

We could do with some help from you.

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Ok so just to clarify. If I had not sent anything other than my witness statement, would it be enough? Assuming I've sent the directions questionnaire and all of the other forms they wanted filling.

 

FYI-my witness statement is now what my response to the defence was plus some more info.

I've no idea what you've done or sent but the normal procedure when issuing a simple claim is pretty straight forward. You outline the facts within your particulars of claim (No Evidence). All that is needed is a clear concise account of the matters giving rise to the dispute and detailing the defendants alleged wrongdoing and the remedy sought. That's it.

 

The defendant should then respond to your claim by addressing each allegation in turn by either admitting, denying (with reasons for denying the allegation) or putting the claimant to proof. That is to narrow down the issues and make everyone's life easier. If defendant doesn't respond to any particular allegation contained in the particulars he is deemed to admit it. Unlike the defendant, who is automatically taken to admitting any allegation if he doesn't address it within his defence, the opposite is true for a reply to defence. Unless the claimant makes an admission in a reply the defendant is still required to prove facts raised in his defence whether the claimant files a reply or not. A reply to defence is therefore normally not needed and only used if the claimant wants to allege facts in answer to the defence that were not included in the particulars.

 

You then wait for court directions with dates to exchange which is when you prepare a witness statement that is essentially a more detailed formal version of your particulars of claim laid out in proper court format with numbered paragraphs with attachments as exhibits any documents that you intend to rely on in court.

Job done.

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I guess I need to number my witness statement which I did not do!!!!! Argh!!! It's a huge doc.

 

I don't get why the courts did not tell me to do a witness statement though.

 

I only because aware of this through people on here.

 

now that I have submitted a witness statement with no numbering.

Can I resubmit with numbering?

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What date is your witness statement due?

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32

 

 

Read paragraph 17.1 onwards to check your witness statement is correctly formatted.

 

It may not need altering but we've not seen it so only you can judge that.

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already on this thread is a post that explains exactly how to present a witness statement.

 

You can resubmit,

but make it clear that it's in place of the original not as well as

or you might have irritated the judge before you start if he reads both.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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