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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
    • President Ruto says Kenyans pay less tax than citizens in some other African countries.View the full article
    • As PM Sunak really showed his true colours at the D Day Commemorations by doing what? Oh I am the British PM lets just leave early I have better things to do and as he is called out on disrespecting all those veterans that served our country for the freedoms we have today he gives a groveling apology to little to late. He knew about this event for a long time and also knew that this is probably the last D Day Commemoration due to the age of those Veterans who gave so much for there countries freedom. Even on the day of the D Day Commemoration he still could have changed his plans As PM and stayed but choose not to showing such DISRESPECT to those Veterans, those that lost there lives and Families for the Freedoms we have today Being a Veteran myself I have never known a PM to show such disrespect what the hell was he thinking SHAME ON YOU PM SUNAK  
    • Thanks. We'll try to help over the weekend. If the hearing is on 05/07 then it's 90% sure that the deadline for filing your WS is 21/06.
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That is why I state theT&C must be linked to your signiture either by number or letter and not simply referred to as see overleaf otherwise any T&C could be used and you would have signed and agreed to something not within the signitory area,This forms a correctly executed valid CCA along with the perscribed terms.

 

Regards

 

Andy

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Ahhh I see right so I'll get defence off tomorrow and see what happens next. Thanks for the advice - feeling much better now. While you are about do you know what will happen with regards to me disputing and the ex admitting? We were both served on the same claim number? Forwarned is forarmed as they say.

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Ahhh I see right so I'll get defence off tomorrow and see what happens next. Thanks for the advice - feeling much better now. While you are about do you know what will happen with regards to me disputing and the ex admitting? We were both served on the same claim number? Forwarned is forarmed as they say.

 

 

Its imperative that you both defend and both submit defences and both AoS with the intention to defend.Everything in duplicate

 

Regards

 

Andy

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Would love to do that Andy but he sent his to his Debt management company who admitted liability before I could get them to stop! So I'm just wondering what might happen as I'm defending it. Is there anyway he could withdraw his admittance - they had to be back middle of last week i think. I don't want this to be mucked up now!

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Change his AoS to defend all is this a MCOL summons?

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I don't know what MCOL means but this was a claim from Gateshead county court. I returned defending all the claim and his was returned admitting liability and completing the income and expenditure stuff. They were returned early last week - is it too late for his to be changed? How could he go about getting it changed? What will happen if it can't be changed - could we get it set aside if it is ruled on this and then defend later? So many questions I'm panicing again now!!

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if not write a letter to the case manager explaining your circumstances ie seperated and that there as been an oversight and that he wishes to change his plea,Dont panic it can be changed

 

Andy

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Just address or ask for the Case manager dealing with your claim number and explain the situation he will have to submit the same defence and also request info via the CPR everything same as you

 

Andy

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  • 2 months later...

Hi I have been battling a court order from NR with help from this site. We have now had a court date set of 6 August and I would be grateful for any advice on likely next steps and how I should raise my arguement in court/what is likely to happen. Here is most of the documents involved:

 

agreement.jpg

Default.jpg

Defaultpg2.jpg

formaldemand.jpg

Defence post copy.doc

 

Subject access req Post copy.doc

 

Draft Directions post copy.doc

 

Court Other Information post copy.doc

Solicitorresponse.jpg

Solicitorresponsepg2.jpg

Solicitorresponsepg3.jpg

 

Please let me know if you need anything else - help is gratefully received.

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Hi Worried

 

I summise the last part of your post is the Claimants Witness Statement in support for their Summary Judgement Application.So 6th August is the date for their application hearing am i correct in presuming?

Ok have you responded also by submitting your own Witness Statement or made an application objecting to the application?

Any statement by yourself must be submitted not less than 7 days before that date.

Application for Summary Judgement can also backfire on the Claimant and the case can be struck out at the hearing subject to what argument you have put forward in response to their application.

If you can clarify the above

 

Regards

 

Andy;)

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Hi Andy,

 

Thanks for the response.

 

I think the last part is the letter that their solicitors sent with the allocation questionnaire so not sure if its a witness statement - it just appeared to be a response to our original defence. All I received was a letter from the court saying the case should be heard by a judge and date set is 6th August. No information on providing witness statements or anything....

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Hi Worried

Take a close look at the Claimants copy AQ under the section applications check if they intended to make any, if yes check with the CC dealing with the case and ask if they have made any applications post AQ.I could be wrong but the above looks like a Witness Statement.

 

Regards

 

Andy

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Hi Worried

Take a close look at the Claimants copy AQ under the section applications check if they intended to make any, if yes check with the CC dealing with the case and ask if they have made any applications post AQ.I could be wrong but the above looks like a Witness Statement.

 

Regards

 

Andy

 

I think its just what it states to be.. a reply to the defence. They are entitled to reply to the defence if they think it requires it.

 

Edit: Worriedanxious... did anybody help you with your defence or did you just copy it from another case?

 

S.

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Yes just checked all the dates and paperwork too early for an application.(or is it)

Apolgies Worried.

 

Regrds

 

Andy

Edited by Andyorch

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In the other information part they have entered yes for applications in the immediate future and said for "strike out/summary judgement"

 

In regards to my defence I just completed it myself pulled from similar cases on here.

 

I did send of a CCA request to NR and received a response requesting a certified copy of a legal document and signatures!

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In the other information part they have entered yes for applications in the immediate future and said for "strike out/summary judgement" Keep checking Worried if they make application

 

In regards to my defence I just completed it myself pulled from similar cases on here.

 

I did send of a CCA request to NR and received a response requesting a certified copy of a legal document and signatures!

 

So therefore they are in Default of your request did you request this pre or post Litigation?

Regards

Andy

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Ok, the reason I asked about the defence is its a bit generic and hence the reason that I think you'll receive a summary judgment application in the post shortly as indicated by their AQ.

 

To that end I think you need to prepare a witness statement, this needs to be in a specific format and has to reply to their claim points paragraph by paragraph. Only thing I'm not sure of is do you reply to their initial claim or is it now the reply to your defence you have to address?

 

S.

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Will it detail that when it arrives or would somebody else know? I forgot to bring the paperwork with me today so I will phone the court tomorrow and see if anything further has happened.

 

Thinking about it logically it probably is a witness statement responding to their reply to your defence. Its probably why they did the reply as they've put a lot of detail in there.

 

S.

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Ok that would make sense. What sort of things do I need to detail and are there any other threads that would give me an idea of how to complete a witness statement? Do you have any idea of timescales on this? I'm not sure when I should be chasing the court if I don't receive anything (my post is a bit touch and go!)

 

Also I was just wondering what is likely to happen in court - will a final judgement be made or could another date be set? The judge has only set 25 minutes for the hearing so it appears it could be very cut and dry but I don't know in who's favour?

 

Thanks for all the help.

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