Tenancy Guarantor issued with County Court Claim***Claim Dismissed***

[edmurph13]

Hi Andy - I'm back from the hospital - how do I go about writing this witness statement?

 

Thanks

Ed

[AndyOrch]

Post #24 of the following thread contains a recent one I drafted...obviously yours is a different type of claim so you will have to edit to suit...but it will give you an idea of layout form and style.

 

Have a go and post here for checking....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?479325-Arrow-claimform-old-HBOS-Card-was-stayed-now-Lifting-Application-for-SJ/page2

[edmurph13]

Hi Andy thanks for that. I have read it and can't really see how I could edit it to suit my case. Is the witness statement not just the same as my defence but worded differently? Sorry for being thick but I'm not used to legal things.

[AndyOrch]

As stated its merely an example of how to draft one...yours is a completely different defence and so will have to be edited to suit....it was just to give you an idea of how a witness statement is laid out.

 

The contents are your own words and how you wish to explain as to why you defended the claim....it simply particularises the defence in greater detail

[edmurph13]

Ok thanks Andy - I'll give it a go and post here for checking

[edmurph13]

Hi Andy please find attached my stab at a witness statement.

 

Can I put in the fact that I am unemployed and receiving JSA and am getting deeper and deeper into debt and do not have any way to repay this debt? Also the fact that the tenant has offered to repay the arrears over time but it has been refused?

 

I believe that the claimants solicitor will try and use the letter I sent to them in reply to their original letter informing me of the debt, where I stated that I agreed that I acted as guarantor in October 2014. As when they received notification that I was defending the claim they sent another letter stating that in my letter I stated that I 'acted as guarantor of the tenancy for Mr x in October 2014'. They fail to see how I can now suggest that I intend to contest the same.' Also in this second letter the sols advised that ' they will be seeking payment of their clients costs on the basis of unreasonable behaviour in accordance with CPR 27 (14)(g).' By the way my letter to the sol was also unsigned.

 

When I acted as guarantor I did not think that I would have been financially responsible for the length of the tenants occupancy and indeed there is not a written guarantor agreement signed by me. If I believed that I was acting as guarantor longer than the six months then I would have notified the landlord that I had lost my job in October 2015 due to health grounds and could no longer cover any missed rent.

 

Thanks

WITNESS STATEMENT.rtf

[AndyOrch]

Thats fine ed....simply repeats and particularises in depth your defence......its up to them if they can prove differently and have the necessary paperwork to back their claim up.

 

Well done.

 

Andy

[edmurph13]

Thanks Andy - do I not put in the additional stuff I asked about in the message I sent you ?

 

Can I put in the fact that I am unemployed and receiving JSA and am getting deeper and deeper into debt and do not have any way to repay this debt? Also the fact that the tenant has offered to repay the arrears over time but it has been refused?

 

I believe that the claimants solicitor will try and use the letter I sent to them in reply to their original letter informing me of the debt, where I stated that I agreed that I acted as guarantor in October 2014. As when they received notification that I was defending the claim they sent another letter stating that in my letter I stated that I 'acted as guarantor of the tenancy for Mr x in October 2014'. They fail to see how I can now suggest that I intend to contest the same.' Also in this second letter the sols advised that ' they will be seeking payment of their clients costs on the basis of unreasonable behaviour in accordance with CPR 27 (14)(g).' By the way my letter to the sol was also unsigned.

 

When I acted as guarantor I did not think that I would have been financially responsible for the length of the tenants occupancy and indeed there is not a written guarantor agreement signed by me. If I believed that I was acting as guarantor longer than the six months then I would have notified the landlord that I had lost my job in October 2015 due to health grounds and could no longer cover any missed rent.

 

Thanks

Ed

[AndyOrch]

Its mostly irrelevant to the witness statement.

 

You cant hazard a guess at what they will rely on until they serve you their witness statement and documents relied upon.

 

To state...." the tenant has offered to repay the arrears over time but it has been refused" ...signifies that you are more involved than you state and what the tenant could or would have done is not your concern as the claim is not against the tenant but yourself...your witness statement is a statement to the facts from yourself...your involvement.

[edmurph13]

Ok Andy I won't include any of that other stuff.

Thank you so much for all your help in this matter I will complete the witness statement with the necessary details and send it off to both the claimants sol and the the court later today.

You have been a real star all the way through this and I hope you know how much I have appreciated your help.

Ed

[AndyOrch]

Your very welcome......please post if you dont receive the claimant WS and Documents by the dates stated in the court directions...as you will have to advise the court same and request sanctions be imposed for its failings.

[edmurph13]

Ok Andy will do - might it be worth not sending off my witness statement by email until tomorrow and hope they don't send theirs in time - I would like to get it sorted today really as want to get it out of the way and know it's gone what's your thoughts?

Ed

[AndyOrch]

Let it go today...nothing of any use to them they can use against you

[AndyOrch]

Dont forget to send your documents with the WS that you wish to rely on (Disclosure)

[edmurph13]

Hi Andy I have already sent my witness statement. I don't know what you mean to send my documents that I wish to rely on. I don't have anything that his sol have not already sent with the POC?

 

Ed

[AndyOrch]

Hi Andy I have already sent my witness statement. I don't know what you mean to send my documents that I wish to rely on. I don't have anything that his sol have not already sent with the POC?

 

Ed

 

If you refer to the court directions it will state send all documents you rely on ...thats your evidence...and a statements by xxxxxxx....but as you state you have nothing different to the claimant...so you wont be pulling any document they are not aware of.

 

Its simply your evidence....say for argument sake you had a screen shot that was absolute evidence that you didn't order......if you did not refer to that document in your WS or disclose it with your documents as an exhibit.....you couldn't use it in court...for those reasons.

[edmurph13]

Thanks for clarifying Andy - thought I was going to have to get the scanner out again and scan all the docs I have referred to in my witness statement !!

[AndyOrch]

Ideally you should have...in any witness statement were you refer to a document...you finish the sentence with (See exhibit 1a..etc) and attach it to the back of the WS.

 

Especially the The Assured Shorthold Tenancy Agreement

[edmurph13]

Oh well my witness statement has gone now, will have to hope the judge let's me use the fact that my name was not on the AST in court even though I didn't attach it, but I did refer to it but not as exhibit 1a or something.

Ed

[AndyOrch]

Oh well my witness statement has gone now, will have to hope the judge let's me use the fact that my name was not on the AST in court even though I didn't attach it, but I did refer to it but not as exhibit 1a or something.

Ed

 

Im sure the claimant will be relying on the same document and therefore will include it as part of their disclosures

[edmurph13]

That's what a I'm hoping !!

[edmurph13]

I received a call on Monday afternoon 31.07.17 from the county court were the case is due to be held advising that the claimants application for relief from sanctions for non payment of the hearing fee will be held 7th August 2017 at 2.20PM and asking if I wish to attend and oppose this application. I need some advice - should I oppose it and if so on what grounds. Also the claimants sol sent me an email asking if I wasn't going to oppose it to let him know - copy of body of email below minus names

 

'Dear Mr X,

 

I understand that xxxx of the xxxx County Court has contacted you this afternoon to advise that my Client’s application for relief from sanctions will be heard next Monday 7th August 2017 at 2.20PM.

 

If you do not oppose my Client’s application, please confirm so by return in order that I can advise the judge of this at the forthcoming hearing.

 

If you wish to discuss matters with me, please do not hesitate to call me on the number below.

 

Kind regards,'

 

Thanks

Ed

[Ganymede]

What excuse do they have for missing it?

[edmurph13]

They paid it to the wrong court - the court where the tenant had possession proceedings.

[AndyOrch]

They paid it to the wrong court - the court where the tenant had possession proceedings.

 

And they have documented proof of that ?