Ltd Building Co-Fraudulent activity-walked off job & Director put funds into own bank account

[Ganymede]

Why are they password protected?

[ZBanfield]

Why are they password protected?

 

 

 

Uuugh - apologies - did that when I saved it...here it is re-upload .....

 

Thank you

POC X & Y.doc

[ZBanfield]

Hi Ganymede,

 

Attached is a copy of the Particulars sent to the court which contain the allegation of fraud section they asked for further POC on.

 

 

Would appreciate your thoughts. I will send the further particulars of allegation of fraud later today as not happy with them at the moment.

 

Thank you in advance

 

Ignore the attached file - I password protected it. Have submitted new one...

[ZBanfield]

Hi,

 

Here are the amended version of the further particulars of allegation of fraud by the second defendant which I have to submit today to the court.

MrXFurtherPOCF.doc

Edited February 26, 2016 by ZBanfield
Attachment missing

[ZBanfield]

Hi Forum Members,

 

There was a hearing 4th March with the judge as the defendant had filed to set the judgement aside.

 

The judge asked the defendant why he had not filed the Directions Questionnaire. The defendant said he did not understand the directions questionnaire and said he had sent a letter off a letter asking what it was and had no response to the letter, so had done nothing.

 

The judge asked the defendant what was his relationship to the company and he told the judge that he 'was' the Director of the company.

 

The judge then questioned him about the term 'was' i.e. was he no longer the Director of the company and the defendant replied well, I have filed a DS01 to shut it down and the company had never traded. He also said there was never a contract with me at all and said to the judge "I believe you do not have a paper contract there, (to which to judge agreed) so there is no contract."

 

I referred to the fact that the defendants said his company never traded and that I have an invoice from the defendant's company emailed to me by him with a false business address which is a derelict building site confirmed by trading standards.

 

I was asked if I accepted the defendants reasons for not filing the paperwork and stated I objected and that there was a contract, breach of contract, money taken and I was a creditor of the company too.

 

I also said that I sent a 'Letter Before Action' to the defendant on 17th Feb 2015, which was recorded delivery signed for on 18th Feb 2015 and that the defendant filed the DS01 on the 18th February 2015. The judge said this seemed suspicious and said to me " So, you are asking me to pierce the corporate veil?" to which I said yes.

 

The judge then said he accepted the Defendants late filing of the questionnaire and felt he needed to make a ruling.

 

The judge told us to prepare witness statements and exchange all paperwork we would be relying on in court.

He said to the defendant I assume you will have no paperwork as you said there was no contract and the defendant said "yes, that's right". Then he asked us both is we were happy and the defendant said "yes." The judge looked at me and he said" Ah, you're not happy"

 

The judge said that there would be a hearing in 28 days and it would take about 3 hours for him to decide on 1st April 2015 and to await paperwork instructions from him. He said the instructions would tell me how to do a witness statement. I am still waiting for the paperwork.

 

The judge requested me to send witness statement(s) for me and my witnesses and they would need to appear in court.

Also I am to send copies of all the evidence I will be relying on the the defendants and the judge before the hearing.

 

I am trying to put together my witness statement. Unfortunately, some of my witnesses have changed their mind and do not want to go to court or make statements now as some are employees and scared.

 

I have googled witness statements and exhibit evidence but am a bit overwhlemed.

 

I have lots of paperwork which I think is all relevant evidence and am unsure how to label it all. I am currently doing an excewl spreadsheet list and calling them my initials followed by the number 1, 2, 3 and so-on upwards.

 

Look forward to any advice anyone can offer on witness statements and moreso, the evidence and how to label it correctly.

 

Many Thanks

[honeybee13]

Hello there.

 

Try typing 'witness statement' into the search box at the top right of this screen, in the grey strip. This will do a CAG search for you and you should find other people's witness statements.

 

HB

[steampowered]

I don't think your witnesses will be any use if they won't attend court. In that case, you will be the only witness, and you will need to prepare your own witness statement.

 

The purpose of the witness statement is to provide 'evidence of fact'. It needs to contain all the facts which you need to prove in order to win your case. Essentially, you need to tell your complete story from start to finish, providing all necessary detail. The best way to approach this is by clear numbered paragraphs in chronological order - start at the beginning and state everything that has happened, in detail.

 

You should avoid calling him a crook, and you should avoid speculating or giving opinions. The witness statement is not designed to set out legal arguments. Opinion evidence is not admissible. Just stick to the facts.

 

You can attach the documents you want to provide as evidence as an Exhibit to the witness statement. These should be in chronological order and there should an index. You can refer to these documents in the witness statement where they are relevant to your story. The real key thing is to put the documents in chronological order.

 

If there are a lot of documents, these should be assembled into bundles. Have a read of http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part39/pd_part39a#IDAMLWKC.

[ZBanfield]

Hello there.

 

Try typing 'witness statement' into the search box at the top right of this screen, in the grey strip. This will do a CAG search for you and you should find other people's witness statements.

 

HB

 

Hi Honeybee13,

 

Many Thanks,

[ZBanfield]

Hi Steampowered,

 

Many thanks. Thank you for the link. I have actually been looking at this and going through it already. Have been putting together a list of exhibits and the witness statement. My witness statement does seem rather long - currently at 13 pages. Shall I post it here and the exhibit list once finished for any feedback / review?

[ZBanfield]

Hi Steampowered,

 

Many thanks. Thank you for the link. I have actually been looking at this and going through it already. Have been putting together a list of exhibits and the witness statement. My witness statement does seem rather long - currently at 13 pages. Shall I post it here and the exhibit list once finished for any feedback / review?

 

 

Hi,

 

I have two questions about labelling Exhibits and naming the Defendants in the witness statement.

 

There seem to be various examples of witness statements, some referencing the Defendant's names 'Mr. X' or just saying 'The Defendant'. Does it matter which I use? Especially since I have two Defendants an individual and his company to reference.

 

Also, second question, if I have several emails all sent to the defendant on the same day which I am referencing in my statement on the same subject should I label these 'A1' and then subsection a) to e) for example or do I make each email a separate Exhibit reference i.e. A, B, C, D, E and so on?

 

Thanks in advance for advice

[steampowered]

Hi,

 

I have two questions about labelling Exhibits and naming the Defendants in the witness statement.

 

There seem to be various examples of witness statements, some referencing the Defendant's names 'Mr. X' or just saying 'The Defendant'. Does it matter which I use? Especially since I have two Defendants an individual and his company to reference.

In theory, a witness statement should be your own words. In reality it is a bit more formal than that but the same principle applies.

 

I would talk about Mr X rather than 'the first Defendant' in your witness statement as that is more natural.

 

Also, second question, if I have several emails all sent to the defendant on the same day which I am referencing in my statement on the same subject should I label these 'A1' and then subsection a) to e) for example or do I make each email a separate Exhibit reference i.e. A, B, C, D, E and so on?

 

Thanks in advance for advice

No, don't have separate Exhibits. It is better to have a single bundle containing everything in chronological order, with page numbers for the entire bundle written at the bottom left, and you then refer to the relevant page number in your witness statement. It is common to leave the page numbers blank for now and fill them in later once you have your bundle together.

[ZBanfield]

In theory, a witness statement should be your own words. In reality it is a bit more formal than that but the same principle applies.

 

I would talk about Mr X rather than 'the first Defendant' in your witness statement as that is more natural.

 

 

No, don't have separate Exhibits. It is better to have a single bundle containing everything in chronological order, with page numbers for the entire bundle written at the bottom left, and you then refer to the relevant page number in your witness statement. It is common to leave the page numbers blank for now and fill them in later once you have your bundle together.

 

Thank you. Do I also mention Company X rather Mr. X's company where I refer to it?

 

So, for the Exhibit bundle do I just call it Exhibit bundle, Page 1, and so on?

[ZBanfield]

So, for the Exhibit bundle do I just call it 'Exhibit, Page 1', and so on? I was reading up about Exhibits and it says put them in bold in the statement.

 

Also, I only just received a letter from the court yesterday evening. It is dated 21st March, but post mark on envelop is 23rd March and it says " Each party must deliver to every other party and to the court office copies of all documents on which that party intends to reply at the hearing no later than 4pm on 1st April 2016."

 

Also the paperwork gives the wrong name of the Judge (different than who I saw on the previous hearing date).

 

Plus, my witnesses are away until Tuesday so can I get extension on the time to return the paperwork? The hearing is not until August 2016 so why do I have only a few days to submit everything?

Edited March 26, 2016 by honeybee13
Paras.

[ZBanfield]

So, for the Exhibit bundle do I just call it 'Exhibit, Page 1', and so on? I was reading up about Exhibits and it says put them in bold in the statement.

 

Also, I only just received a letter from the court yesterday evening. It is dated 21st March, but post mark on envelop is 23rd March and it says " Each party must deliver to every other party and to the court office copies of all documents on which that party intends to reply at the hearing no later than 4pm on 1st April 2016."

 

The Judge at the hearing on 4th March advised that he would send out instructions of what to submit and it would be clearly laid out. However, the fact that this instruction has only just arrived and my witnesses are away over the Bank Holiday means I only have Tuesday really to get everything together.

 

I am more concerned that the Judge who was at the hearing on 4th March is 'Judge Vokes'. However, all this paperwork I have received now states that my hearing was before Judge Dixon, a completely different Judge which is wrong and it also says Judge Dixon after hearing......then that Judge Dixon will be hearing the case too???

 

The court is closed until Tuesday. Does anyone know if I can query the paperwork being incorrect. Also, the lack of time to prepare the paperwork for submission. Can i appeal and get extension on the time to return the paperwork? The hearing is not until August 2016 so why do I have only a few days to submit everything?

 

 

Plus, my witnesses are away until Tuesday so can I get extension on the time to return the paperwork? The hearing is not until August 2016 so why do I have only a few days to submit everything?

[ZBanfield]

Hi,

 

I am trying to put together the Exhibit bundle and have some questions.

 

In the Exhibit bundle do I need to include the Particulars of Claim and Further Particulars of Claim Allegation of Fraud, the Defendant's Defence Statments and Statement of Claim? Having read through the guidelines it says I cannot rely on any evidence not already submitted to the court and all parties.

 

In my mind, since I have already sent the Particulars of Claim and Further Particulars of Claim of Allegation of Fraud to the Defendants and the court and the court and I already have the Defendants Defence Statements and Statement of Claim I do not need to put these in the bundle?

 

For the actual Exhibit bundle itself, all the pages are from different sources and reading up there is software which can add page numbers as in the bundle they all need to be page numbered in chronological order and ascending order. I am struggling to do this as not an IT whizz. Is it accepotable to the court for me to manually write on the page numbers to each page or I was thinking to reduce the pages a little in size, photocopy them and then write in the bottom right hand corner of each page.

 

For the Exhibit content page, I am doing an excel spreadsheet listed, columns left to right; Date of document / event, description of document then page numbers.

[BazzaS]

Hi,

Is it accepotable to the court for me to manually write on the page numbers to each page

 

Perfectly acceptable.

Don't do it LITERALLY last minute, but it should be one of the last tasks to do, so the majority of pages are in appropriate order, and if you then find one or two more to add, they can go out of order in a 'final appendix'.

 

or I was thinking to reduce the pages a little in size, photocopy them and then write in the bottom right hand corner of each page.

 

Unneccessary complexity that might reduce their legibility.

 

 

For the Exhibit content page, I am doing an excel spreadsheet listed, columns left to right; Date of document / event, description of document then page numbers.

 

Excellent. It doesn't have to be absolutely perfect, but a well organised, logically laid out bundle goes a way to helping the court see your argument, supporting your case.

[ZBanfield]

Perfectly acceptable.

Don't do it LITERALLY last minute, but it should be one of the last tasks to do, so the majority of pages are in appropriate order, and if you then find one or two more to add, they can go out of order in a 'final appendix'.

 

 

 

Unneccessary complexity that might reduce their legibility.

 

 

 

 

Excellent. It doesn't have to be absolutely perfect, but a well organised, logically laid out bundle goes a way to helping the court see your argument, supporting your case.

 

 

Thank you BazzaS very much. Feeling less anxious

[steampowered]

In the Exhibit bundle do I need to include the Particulars of Claim and Further Particulars of Claim Allegation of Fraud, the Defendant's Defence Statments and Statement of Claim? Having read through the guidelines it says I cannot rely on any evidence not already submitted to the court and all parties.

You wouldn't need to submit copies of this stuff when you send your evidence to the court and the other side, as they should already have those documents, but I would suggest including these documents in the hearing bundle you prepare for the hearing. When you get to the hearing it just makes things easier if you give the judge a lever arch folder with all the documents he needs to read in it. Plus, the county courts often lose documents sent to them.

 

Plus, my witnesses are away until Tuesday so can I get extension on the time to return the paperwork? The hearing is not until August 2016 so why do I have only a few days to submit everything?

Best to ask the court. The reason for that deadline isn't clear to me either, my understanding is that the typical order is to submit things a certain number of days before the hearing.

 

I think BazzaS answered the other questions, but feel free to ask if there is anything else.

[ZBanfield]

You wouldn't need to submit copies of this stuff when you send your evidence to the court and the other side, as they should already have those documents, but I would suggest including these documents in the hearing bundle you prepare for the hearing. When you get to the hearing it just makes things easier if you give the judge a lever arch folder with all the documents he needs to read in it. Plus, the county courts often lose documents sent to them.

 

 

Best to ask the court. The reason for that deadline isn't clear to me either, my understanding is that the typical order is to submit things a certain number of days before the hearing.

 

I think BazzaS answered the other questions, but feel free to ask if there is anything else.

 

Many thanks Steampowered. Yes, BazzaS was very helpful. Just finishing the Bundle and then tidying up my witness statements. Hopefully will be able to get an extension so I can get the rest of my witnesses to submit their statements in time.

[BazzaS]

Many thanks Steampowered. Yes, BazzaS was very helpful. Just finishing the Bundle and then tidying up my witness statements. Hopefully will be able to get an extension so I can get the rest of my witnesses to submit their statements in time.

 

Don't forget that not meeting a deadline isn't great, but isn't automatically fatal to your case;

1) if the other side wants to use it against you, they should advise you of the failure and give you a chance to fix it before seeking sanction

2) if the failure only has a tiny impact (is "de minimis"), the court can ignore it.

 

So, failure to get witness statements in with the date looming may be treated more harshly than missing a deadline by a day or so, if the court still has time.

 

Seek the extension (ideally you should comply ; if needs be by getting that extension), and get the statements in ASAP even if the extension is not granted.

[ZBanfield]

Don't forget that not meeting a deadline isn't great, but isn't automatically fatal to your case;

1) if the other side wants to use it against you, they should advise you of the failure and give you a chance to fix it before seeking sanction

2) if the failure only has a tiny impact (is "de minimis"), the court can ignore it.

 

So, failure to get witness statements in with the date looming may be treated more harshly than missing a deadline by a day or so, if the court still has time.

 

Seek the extension (ideally you should comply ; if needs be by getting that extension), and get the statements in ASAP even if the extension is not granted.

 

Hi Bazzas, I have called the court and got no answer so have emailed explaining and asked for an extension. No response as yet.

 

I was just thinking, looking at examples online, the Exhibit Bundle includes the witness statements at the beginning as part of the numbered pages in my bundle, so I cannot submit it with the correct page numbers until I have all my witness statements or is there a way round that?

[Ganymede]

You don't email the Court to ask for an extension of time, any request to the Court would need a formal application.

 

However, you can agree an extension with the other side of up to 28 days without involving the Court pursuant to CPR 3.8(4).

[ZBanfield]

You don't email the Court to ask for an extension of time, any request to the Court would need a formal application.

 

However, you can agree an extension with the other side of up to 28 days without involving the Court pursuant to CPR 3.8(4).

 

Thank you. Well, he will definitely not agree so I will just send what I have and cross my fingers

 

Thank you for the information I do appreciate it

[ZBanfield]

Hi,

 

I have a query on my Exhibit and Witness Statements in relation to the page numbering system.

This is my format. Is this ok?

I understand I cannot staple anything so have to put it hole punched in A4 folder.

Exhibit List XYZ.xls

[ZBanfield]

Hi,

 

I am putting my Exhibits and Witness Statement together to send to the court today.

 

I was going to put the court's set of paperwork in an A4 ring binder folder, hole punched and hand deliver it tomorrow as the Order says it must be delivered by 1st April 4pm.

 

For the Defendant's pack, do I need to put theirs in an A4 ring binder folder too or can I hole punch the document and use legal tags through the holes in a clear single pocket as Ithe A4 folder won't fit in my envelope to post?

 

Also, I assume I cannot hand deliver the paperwork to the Defendant's address, I should post to get proof of posting.

 

Any advice would be appreciated.