How to Amend?substitute a Witness Statement.Blemain Finance

[Sick Of Legal Bullies]

Yes of course;

 

• Report post
•  
•  
•  
•  #10

 

 

Court directions state that 

1. Evidence of fact to be dealt with as follows;

All witnesses must serve on all other parties signed statements of themselves and any other witness on whom they intend to rely on inc civil evidence act notes......etc.

 

Paragraph 4

 

Witness statements must;

a.        Start with the case and claim number

b.        Start with the full name and address of the Witness

c.       Set out the witness statement clearly in numbered paragraphs on numbered pages;

d.       End with this paragraph ‘I believe the facts in this witness statement are true.

e.       Be signed by the witness and dated.

f.        No permission was given for expert evidence

 

[AndyOrch]

So they are referring to ...

 

d.       End with this paragraph ‘I believe the facts in this witness statement are true. ?

 

So why are you in breach of the directions ?

 

With regards to CPR there is nothing about content being in breach..providing its truthful and relevant to the defence.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32#32.2

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32

[Sick Of Legal Bullies]

Happy Easter.

 

Does anyone know it the Unfair Contract Terms Act 1977 applies to a Commercial Mortgage Offer?

 

Thank you

 

[BankFodder]

Probably replaced by the Consumer Rights Act 2015.  <<<<  follow the link 

[Sick Of Legal Bullies]

Thank you I will take a look.

[Sick Of Legal Bullies]

Morning, I have a Fast Track claim, and an LIP. I made the mistake of heading my witness statement-as a defence/counterclaim. The other side are playing heardball-and won't allow me to substitute-what do I do and how do I do it.

 

Thanks

[AndyOrch]

Threads merged please do not start new threads on the same topic.

 

Regards

 

Andy

[Sick Of Legal Bullies]

1 minute ago, Andyorch said:

Threads merged please do not start new threads on the samoe topic.

 

Regards

 

Andy

 

Thanks

[Sick Of Legal Bullies]

The other side are saying that I completed my Witness statement wrong in that I headed it Defence/Counterclaim and not a witness statement-and I will not be able to rely on this in court. I just wanted someone to advise which was the best way to proceed. 

 

Thanks.

[AndyOrch]

Simply submit a corrected one and file and serve.Add a covering note to the courts copy and ask they replace.Its not a major problem and Lips are allowed to make errors

[Sick Of Legal Bullies]

Thank you for your help. This is a claim with Blemain (Together) always hardball.

[AndyOrch]

Thank you thats helpful ...and is this connected to the following thread ?

 

https://www.consumeractiongroup.co.uk/topic/416381-unfair-contract-terms-act-1977-business/?tab=comments#comment-4986320

 

Andy

 

[Sick Of Legal Bullies]

Thank you,

 

I contacted the claimants asking if they were willing to accept a substituted WS. They refused and said that they have written to the court saying I am in breach of directions and that I now need the court's permission to re-issue a WS.

My question is do I need to send a copy of my application to the claimants or can I just apply to the court-then if/when permission is granted I then send a revised WS to the other side?

 

Thanks

 

Sorry, yes it is connected to the thread above

[AndyOrch]

Threads merged......yet again ...one thread per same issue please.

 

Your not in breach of the court directions.....a simple error.....heading of WS incorrect and de minimis ...as per my post #24.

And stop contacting the claimant...the court give the directions not the claimant and you dont need to make an application for such a small error.

 

Andy

[Sick Of Legal Bullies]

Thank you

[Sick Of Legal Bullies]

A question on Disclosure. The claimant has failed to file any disclosure-can I complain to the court about this-if so how do I do this-is it just a letter to the court or on a form?

[AndyOrch]

Telephone initially..the court will advise letter or an application...but normally Directions are usually ended with the court stating that failure to comply with their directions a party's defence or claim will be struck out of its own initiative.

 

See CPR 3 (3) and (4)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.1

 

 

[Sick Of Legal Bullies]

Thank you. With regards to the witness statement, there is to be a 90-minute hearing following my application to amend/substitute a WS so I am going to add the non-disclosure onto this.

[AndyOrch]

And why have you made application to amend/substitute your WS ?

[Sick Of Legal Bullies]

Because the claimant wrote to the court to say I had done it wrong, but also new information has come to light that affects the claim. I rang the court they say write in ask to add it to this hearing.

 

Edited May 13, 2019 by Sick Of Legal Bullies

[AndyOrch]

Well I have already advised to ignore the claimant...the court runs the show with regards to claims not the claimant and your application was pointless as you could have just submitted a supplemental statement with new information and saved yourself the hearing fee of £255.

 

Can only advise so far but if your not willing to listen.......

[Sick Of Legal Bullies]

Thank you. I did listen, but the court advised me to submit an application to resubmit, which I did and the judge must have given it merit or they would not have scheduled a hearing. I do appreciate your help, but I also did not want to go against what the court advised. 

[Sick Of Legal Bullies]

Connected to the above.  In 2005 I took a Commercial Mortgage out which is unregulated. The mortgage offer had no terms & conditions attached-the lender says there are no copies of any conditions attached to this offer and that is irrelevant as the Mortgage deed supersedes this. Also, the Mortgage Offer was not signed by the Lender, and since 2005 no annual statement has been provided. Can anyone precisely off any advice on the ramifications of this? Thank you

[AndyOrch]

And this is Blemain Finance ? 

 

Was it a pure Commercial Mortgage ...no occupancy ?

 

 

[Sick Of Legal Bullies]

Yes, on both counts.