Defendant didn't send me his witness statement, what to do?

[Rocinante1980]

Hello,

 

I started a small claim in court against my landlord a few moths ago...

Today I received the "Notice of Trial Date" (Form N172), that says I have to pay a hearing fee. Something I already expected.

 

The problem is that I don't know exactly how to do that and there are no instructions in that letter.

 

Do I have to send a cheque to my local county court (where the case was transferred)?

Do I have to write a small letter saying that the attached cheque is for the claim number XXXX?

I don't find related court fees to this step.

 

BTW, I remember in the process, weeks ago, I received I letter that said that "This claim has been transferred to your county court at XXX. All correspondence should be directed to the transferred court"

 

I search on the net but don't not exactly what to do.

 

Thanks.

[AndyOrch]

Hi Rocinante1980 and welcome to CAG

 

Methods of payment

 

Courts accept payment by debit or credit cards, cash, postal orders or cheques, which should be made payable to ‘HM Courts & Tribunals Service’. If you pay by cheque and it is dishonoured, the court will take steps to recover the money. Non-payment will result in your case being stayed (delayed) or even struck out (dismissed).

 

You can pay by debit or credit card if you use either of the online services

 

Regards

 

Andy

[Rocinante1980]

Hello, Thanks for reply.

 

I already have my cheque ready.

But, do I have to send a letter to my local court?

Do I have attach a letter (with the cheque) saying my claim number?

Searching I don't see a form related to this step.

Thanks.

[Sidewinder]

I think you can take the cheque into the Court in person where it will be registered against the claim number

 

Or, write to the Court Manager at the Court where the case has been allocated to, using the layout below

 

Claim Number : XXXXXXXX

 

XXXXXXXXX (Claimant) v XXXXXXXXXX (Defendant)

 

Date : XX/XX/XX

 

 

Dear Sir,

 

In respect of the above case and having received the N172 Notice of Trial Date, please find enclosed a cheque for £XXX.XX in payment of the relevant Hearing Fee

 

Yours Faithfully

 

[signature]

 

XXXXXXXXXXXX (Claimant)

[AndyOrch]

Or you can pay by telephone using debit/credit card.

[Rocinante1980]

Thanks a lot for suggestions.

Didn't know the option of credit card by phone.

[ThedaBara]

https://www.gov.uk/court-fees-what-they-are

Also, if you are on a low income, you may be exempt... I think the form for that is EX160A.

 

Theda.

[Rocinante1980]

Hello out there,

 

I will simplify as much as I can...

 

I started a claim against my former landlord using small claims in court (he stole my deposit).

 

2 months ago we (both parties) received a letter from court saying that before 4th January 2017 we should have sent our respective witness statements to court and a copy to the other party. It was a very clear order from the judge.

 

That is exactly what I did, I wrote it and sent it to court and my defendant. However, I didn't receive a copy from him (that was 5 or 6 weeks ago).

 

What should I do exactly now? The hearing is in 6 weeks.

 

I also have to add that he didn't fill a defence in the claim response, it seems to me he is not taking this seriously.

 

Someone told me I could send a letter to the defendant saying that he has one week to send me his witness statements or I will consider that unreasonable behaviour and include all my costs in the hearing (not only fixed cost), plus a copy to the judge with a covering letter explaining this to him.

 

I would like to know your suggestions. Thanks in advance.

[martin2006]

If he didnt file a defence, how are you now at WS?

 

You should have filed for default judgement.

 

Can you clarify please?

[Rocinante1980]

Sorry, I didn't explain that properly...

 

 

He filled a defence and replied to court (Form N9).

 

 

What I wanted to say is that the defence box (where you have to write something), was totally empty.

 

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n009b-eng.pdf

 

I said this because I read that it is important to fill a defence:

 

"Set out your defence in section 3. If necessary continue

on a separate piece of paper making sure that the claim

number is clearly shown on it. In your defence you must

state which allegations in the particulars of claim you

deny and your reasons for doing so. If you fail to deny

an allegation it may be taken that you admit it."

[dx100uk]

two threads merged

please keep to one thread.

[AndyOrch]

Sorry, I didn't explain that properly...

 

 

He filled a defence and replied to court (Form N9).

 

 

What I wanted to say is that the defence box (where you have to write something), was totally empty.

 

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n009b-eng.pdf

 

I said this because I read that it is important to fill a defence:

 

"Set out your defence in section 3. If necessary continue

on a separate piece of paper making sure that the claim

number is clearly shown on it. In your defence you must

state which allegations in the particulars of claim you

deny and your reasons for doing so. If you fail to deny

an allegation it may be taken that you admit it."

 

 

 

May have submitted it on line through MCOL and binned the forms ?

 

If you have passed allocation stage and are at witness statement stage.Did the court not send you a copy of his defence pre allocation and post allocation?

[martin2006]

Sorry its still not clear, the N9 is the response pack. Are you saying he acknowledged the claim and indicated he would defend but never filed a defence?

[martin2006]

Ah having now seen the merged threads its a little clearer.

 

Have you checked with the court to see if he has filed a WS with the court but not sent you a copy?

[Rocinante1980]

Thanks for replies.

I am not using MCOL. This is my first claim and was not sure. Just letters to court.

 

He is challenging the entire claim, he replied to court using form n9, although he didn't write anything in the defence box.

 

On December both parties received a letter saying that we have a hearing on April. And before 4th January each part must send the other a copy of his witness statement, and another to court.

 

I didn't receive his witness statements from him. And din't receive his witness statement from court. I think this last point is normal because the order said clearly that he had to send me the document, not court.

 

Questions?

 

Thanks for help.

[Rocinante1980]

Ah having now seen the merged threads its a little clearer.

 

Have you checked with the court to see if he has filed a WS with the court but not sent you a copy?

 

Good point. No, I do that this week. Thanks.

 

However, I know this person and I am completely sure he is ignoring this, will not write anything and does not respect court orders. He thinks he can do whatever he wants.

 

Assuming this scenario, what should be my best next step?

Can I use that to claim unreasonable behaviour and claim all costs?

 

Thanks a lot.

[AndyOrch]

Well he must have submitted his defence on a separate sheet (not enough space in the box)..ask the court for a copy when you check to see if he has submitted his witness statement.

[martin2006]

You need to ring the court and find out exactly where this claim is at.

 

Have you not had an Allocation Questionnaire?

Offer of mediation?

Court directions ordering that WS be served on court AND the other party?

 

Something doesnt seem right here.

[Rocinante1980]

You need to ring the court and find out exactly where this claim is at.

 

Have you not had an Allocation Questionnaire?

Offer of mediation?

Court directions ordering that WS be served on court AND the other party?

 

Something doesnt seem right here.

 

Yes, we also received the allocation questionary and directions.

I think the process is taking all required steps.

 

I am sure he didn't send another document to court

Anyway following your advice I will call court and then I will let you know.

 

Thanks.

[panther12]

Well it should be an easy win then.

If he hasn't filed/served a WS then in reality at trial he should only be able to rely on the contents of his defence

 

 

but as you say the defence section was left blank then there's not much he can defend against

 

 

and puzzling how it even reached this stage.

[Rocinante1980]

Hello again,

 

14th Feb I sent an email to court asking if they received the witness statement of my defendant or an extension.

 

Today I have received a letter (yes, a letter) in my flat from court saying that they have not received any witness statement or extension from my defendant. Next time I will call them by phone.

 

Can I use this to get unreasonable behaviour and then claim all my costs?

 

 

What do you think about the trick I explained in post #8?

 

Any suggestion is welcome.

Thanks a lot.

[Ganymede]

I don't think that's a "trick" or sufficient enough to be classed as unreasonable behaviour and make standard costs payable.

 

In theory the sanction for not filing a witness statement is that the witness in question couldn't attend to give oral evidence and any late statement is disallowed.

[panther12]

If it's a landlord / deposit dispute didn't the landlord protect the deposit as is required by legislation - which if they didn't you can claim the deposit plus 3x that amount in compo.

[Rocinante1980]

If it's a landlord / deposit dispute didn't the landlord protect the deposit as is required by legislation - which if they didn't you can claim the deposit plus 3x that amount in compo.

 

That's another long story... Basically our agreement was AST, and he didn't protect it, but my landlord (who was at the same time a tenant, not the owner) was in the same flat. So because I was not sure I preferred to start with my deposit. After this, I will check with a lawyer and then start another claim. It is not easy doing this for the first time, in another country and using a language you started speaking a few months ago.

[Leakie]

So you were in shared accommodation or a sub let?