Car mechanic problems!

[AndyOrch]

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

[Ganymede]

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?

[needadvice1]

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?

[Ganymede]

No it won't be.

[steampowered]

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.

[panther12]

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.

[needadvice1]

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.

[AndyOrch]

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.

[Conniff]

I thought Logic was ' inference' and fact an 'actuality'. I can't see how you can have both in the same sentence.

[needadvice1]

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?

[AndyOrch]

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

[needadvice1]

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

[AndyOrch]

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

[needadvice1]

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?

[AndyOrch]

Yes its the normal procedure why?

[needadvice1]

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.

[Ganymede]

Yes, he'll have to provide you with a copy of all of his witness statements at the appropriate time as well.

[needadvice1]

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.

[AndyOrch]

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

[needadvice1]

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?

[AndyOrch]

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

[panther12]

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.

[needadvice1]

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?

[Ganymede]

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.

[reallymadwoman]

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.