Small claims witness statement facts

[maximus999]

Hi Andy. I filed my statement, exhibits and CCTV footage withe the n244.

I am just going through all my paperwork and realised they have sent me the CCTV footage but they have never sent it to the courts, I think they want me to believe they have!

 

All they have sent is zoomed in screen shots from the footage which misses everything out what I am saying had the footage been sent in. Pretty devious if them.

[AndyOrch]

Check that the court serves a copy of the application/statement/evidence on the defendant or send them yourself

[maximus999]

Thanks Andy, the form did ask for an address to send to the other parties.

 

I sent separate vie email and recorded delivery personally myself!

 

Thanks and wish me luck

[maximus999]

Just to add, I did fill the details on the form to send to the other parties.

[Ganymede]

I don't think you fully understand what the N244 is.

 

It's merely a template form that you need to fill in a taylor specifically to your situation, so of course a Government website won't be able to tell you what to write in your particular circumstances.

 

Ok, I have no idea what an N244 is.

 

I'll leave you to it, good luck.

[maximus999]

Ganymede,

Sorry for the bombardment I put forward!

 

You know what it is, unfortunately for me it is six weeks past the directions date I had to send a statement, not only for my partner but for myself. I did believe, and I even asked a solicitor but they deal with health and safety issues, if I did need to send one in, she replied with = I dont think so as everything is covered in your defence to counterclaim.

 

I have made an application of the N244 and surely I hope they understand that a Litigant has very little understanding of processes and so on, and they will allow me to put my statement forward. Other than the CCTV there is nothing different in mirror to my defence to counterclaim statement.

 

As previously mentioned they have not sent in the CCTV footage, this alone shows all the points I am trying to make, not only in my defence to counterclaim but the whole reason why I brought a claim to the courts.

 

If I lose for any reason or actions I have done the I will be sadly disheartened.

I have spent a lot of time over the past six months organising this to go to court, I have had many discussions with my partner and a lot of stress trying to follow the course of actions I had to follow. I admit I made mistakes but it was not to get away with anything or do anything untoward.

 

I just want to sit in front of the judge, explain what I done and for what reasons and let him view the CCTV footage.

 

Thank you anyways for your time and everyone else.

 

I will update you all with any progress.

 

Sorry again.

 

Regards

[maximus999]

Hi all,

I have came back to the place I should have in the beginning!.

 

I have filed my n244 with statement, exhibits and CCTV as stated previously.

 

I have today received an email from the defendants solicitors. I have attached.

 

The defendants solicitor has filed for a request for judgement, I received the directions from the courts on 7th August 2018 highlighting the counterclaim and that I must respond. There was no date to respond by other than the date to send the direction questionnaire in by which was the 23rd August 2018. I telephoned the courts and asked when I need to send it by, they advised me to send the defense to counterclaim statement in with the Directions questionnaire, which I did and on time _ I am a bit confused.

 

The letter states that I sent an amended statement of my partner. I sent her statement into the courts within the time scale only to realise it was not set out the way the courts like paperwork to be, I put her statement into paragraphs and sent it to the courts with a covering letter to state I was unaware that there was a format for documentation and could I replace the one sent in a few days earlier with the new format statement, nothing in the way or wording was changed and it was just put into paragraphs.

 

Please could anyone shed any light on what to do next?

challworth_20-12-2018_12-07-09.pdf

[maximus999]

Hi All,

I am just doing a bit of research and found this in the CPR bible.

Reply to defence

15.8 If a claimant files a reply to the defence, the claimant must

 

(a) file the reply with a directions questionnaire

 

The directions questionnaire to be filed at the courts and other party was on 24th August, I submitted them on 23rd August at 9.30am

[AndyOrch]

Replying to a defence is optional pre Allocation...replying to a defence/counter claim is different and time sensitive see CPR 20.4.

 

If the Defence contains a counterclaim, however, then a Defence to the Counterclaim is mandatory. A failure to file a Defence to the counterclaim gives the Defendant a right to apply for judgment in default. As we have seen recently there is no guarantee that a court will exercise its discretion to set the default judgment aside.

 

A party filing a Defence to a Counterclaim is under more pressure than the original defendant. There is no acknowledgment of service stage. The Defence to Counterclaim must be served within 14 days of service of the Counterclaim (20.3.3).

 

Practice Direction 15 contains important provisions about the nature of a Reply and Defence to Counterclaim.

 

A Reply and Defence to Counterclaim should normally form one document.

 

There are different time limits for the filing of a Reply and the Defence to Counterclaim. Consequently the court will normally order that the Reply and Defence to Counterclaim be filed at the same time.

 

However a defendant cannot rely on a court making such an order. Where the court does make an order the Reply and Defence to Counterclaim can form separate documents.

 

Andy

[maximus999]

Hi Andy,

Thanks.

 

I received the directions questionnaire and the letter from the courts to say it is a defended claim. There was a form for me to fill in and send with my defence to counterclaim statement. There was no date to send the documents other than the date for the dirrctions questionnaire. I telephoned the courts and they told me send defense docunents in with my directions questionnaire which i did within the time specified.

 

Do i need to write something to the courts.

 

Also they have disagreed thay the application n244 be dealt without a hearing. What should I do about this.

 

Thanks again.

[AndyOrch]

Then you have complied with what the court ordered...no need to do anything further.With regards to a hearing or not...the court decides that and will instruct....not the Defendant.

[maximus999]

Thankyou Andy for the response again.

 

As stated, I received the letter and directions questionnaire along with a defense to counterclaim form on the 8th August. The forms stated the 7th August, The defendants solicitor filed for judgement on the 14th August which was 7 days past the courts letter date, if I did have 14 days as stated, although I followed advise from the courts, why would they file 7 days later?

[AndyOrch]

What date was on their defence/counter claim ?

[maximus999]

Andy,

On the paperwork it has 30.07.2018.

I received directions and notification from the court on 08.08.2018

[maximus999]

Andy, here is a copy of the defence and counterclaim from the solicitors.

img013.pdf

img014.pdf

[maximus999]

Here are courts directions which show no dates for me to complete directions questionnaire and counterclaim. As you can see there are no dates other than a date to file the Directions, so I decided to telephone the courts and they informed me to send my defense statement in with my Directions questionnaire.

 

I feel as though I done every thing that was asked of me on this occasion, Would you be able to offer any advise on what to do?

I have contacted the courts to ask about the judgement they have filed, they told me they have not received anything from the defendants solicitor with regards to Judgement.

 

Thanks for any input and have a good Xmas everyone.

img015.pdf

img016.pdf

[maximus999]

Do I just leave it or do i point out to the court that i contacted the courts office to be advised to send my defence in with the direction's?

 

I am worried that the solicitor will do anything to have it thrown out of court, admittedly I have made a few mistakes but nothing was untoward.

[maximus999]

Hi,

Any advise for me?

[AndyOrch]

Just leave it with the court now...you only received the CC on the 8/8...although dated 30/7.....no service time allowed...

[maximus999]

Thankyou Andy and I hope you had a good Xmas break.

 

At this stage I am a bit worried that the courts do apply judgement, if this happens can the opposing side (me) contest the judgement.

 

I will upload the letter they have sent to the courts and when you get a spare minute could you look through and let me know your thoughts.?

 

Thanks

Edited December 27, 2018 by Andyorch
Duplicate removed

[maximus999]

Here is the letter Andy, I read it as they know what they are doing and using the system to their advantage.

consumer.pdf

[AndyOrch]

They state they also served you a copy of the CC direct by post and email on the 30th July...did you receive this ?

 

They requested judgment on the 14th Aug 2018...obviously the court has disregard their request..as they confirm in their letter

[maximus999]

Andy, yes they sent the CC on the 30th, I never received anything from the courts until the 8th, I was under and I am still under the impression you have to wait for directions from the courts before filing anything.

[AndyOrch]

Correct...the court must serve and instruct...its irrelevant whether they sent it direct on the 30th

[maximus999]

Thanks, that is somewhat a relief to hear some good news!!!!!!

 

So if I was served the CC from the courts on 7th August and I have 14 days to respond then I had to serve by the 21st? still the maths dont add up, but to my defence i did contact the courts and they advised to send with directions by the 24th.

 

God only knows why they filed for judgement 7 days after sending me the counterclaim that they were sending also into the courts.

 

 

 

It's a mine field this Justice system