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Never received MacBook, seller isnt giving tracking number - help with N1 Please

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Threads merged ..please keep to one thread per issue.....

 

Steampowered will receive notification by email of your new posts...now its been merged.

 

Regards

 

Andy


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Ah apologies Andy, didn't know I could merge the threads. Thank you for doing so!

 

You cant merge them ...only Site Team can ..thats why we ask you keep to one thread :-D


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Hello - Sorry, my inbox was full. I've now cleared it.

 

Do I understand you have a default judgment now? That's great news.

 

What does the letter you've received ask you to do?

 

If you are required to serve documents on the court and the other side, you should send a copy to the court and the defendant (the court won't do it for you).


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I have a default judgment, but I feel like the defendant is going to appeal it to waste time And come up with a rubbish excuse as to why they didn't reply to the original documents. I will PM you further details!

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I have a default judgment, but I feel like the defendant is going to appeal it to waste time And come up with a rubbish excuse as to why they didn't reply to the original documents. I will PM you further details!

 

We prefer you keep it on the thread please.

 

Andy


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What should I send as 'evidence'?

Main things like bank transaction,

emails of them refusing to help and refusing to take responsibility etc?

 

 

also had letter from bank explaining chargeback was unsuccessful

and they weren't aware it was a dodgy account and that they've closed it.

 

 

Do I literally just send loads of papers/evidence all in one envelope?

I feel like I need to explain the papers a bit.

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Here's some parts I'm not 100% on

 

3b - evidence at the hearing will be by witness statement only unless the court gives permission for oral evidence (which will only be done in exception circumstances).

 

By witness statement, do I have to fill in my version of events again or will they just refer to my N1 for this? Or do they just view documents given as evidence?

 

3c- the claimant shall give standard disclosure by filing and serving copy documents with the witness statements together with a disclosure statement.

 

By this one I'm guessing it's saying I just have to say something along lines of 'All documents included as evidence are accurate and all information provided is correct' or if someone could let me know if I'm wrong!

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If you have a default judgment...why are you proceeding with standard disclosure/witness statement ?


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If I'm honest, I don't know what that means really. I'll show what the full letter says in next post..

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It is ordered that -

 

1- there be judgment for the claimant for an amount to be decided by the court

 

2- the case be listed for disposal hearing on (time and date) before a district judge. The time allowed for the hearing is 30 minutes.

 

3- a)the claimant by 31 October 2016 file and serve on the defendant the witness statements of the evidence on which the claimant intends to rely in relation to any issues of fact to be decided at the hearing, and any notices of intention to rely on hearsay evidence.

 

B) evidence at the hearing will be by witness statement only unless the court gives permission for oral evidence (which will only be done in exceptional circumstances)

 

C) the claimant shall give standard disclosure by filing and serving copy documents with the witness statements together with a disclosure statements

 

4- the case has been listed for a disposal hearing because it does not appear that the claim is genuinely disputed on grounds which appear to be substantial, and is unlikely to take significantly longer than 30 minutes to try or to require oral evidence.

 

If in fact the defendant does wish to dispute the claim on substantial grounds relating to the amount of the claim (the question of liability having been disposed of by the judgment) the defendant must by (date) file and serve (an amended) defence as to the amount.

 

If, in the light of such defence, or for any other reason it appears that the case ought to be allocated to track or that further directions are necessary, an application should be made, if possible by consent, for appropriate directions and the hearing may then be used for directions and/or consideration of allocation instead.

 

M2 this order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied of stayed.

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Thanks .....

 

Okay your standard disclosure is any document that you wish to rely on and have referred to in either your particulars of claim or intended witness statement...if you dont disclose it you cant rely on on it as evidence.

 

Normally standard disclosure is done using a cover letter as an index and list all the documents by title and date....then attach all disclosures.

 

Your witness statement should be formatted and laid out with an header..Claimant V Defendant Claim number ect.....and should be a particularised account in your own words of why you have made the claim.

 

It should be concluded with a statement of truth signed and dated.Any document you refer to within your witness statement should be marked (see exhibit A1/A2 etc...) attached to the WS and your exhibits will already be listed in your standard disclosure.

 

Okay ..simples :-)

 

Andy


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Ahhh okay, so my standard disclosure is any evidence I use, and it should include a cover letter with all sheets of evidence labelled by title/date like you said. Then witness statement is basically explaining my version of events and referring to evidence in my standard disclosure. Thank you for helping me with that :)

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Have a look at a witness statement on here using the cag search bar above so you are familiar with how it should look and how it needs to be written


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

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