Case management/witness testimony help sought please.

[Maketa79]

SuperVillain - I absolutely like your pseudonym. 

I hope you and your family are well in these unprecedented times.

 

Thank you for your kindness in responding to my post, I was beginning to get concerned that I had not received a response. 

 

I cannot thank you enough for the useful and practical information you have provided. 

Please be rest assured that every detail you have noted is of value to me in this case. 

 

No, I do not expect the defendant's witnesses to cooperate with me in the slightest as they are not moral people.

So the additional guidance you have provided about preparing a witness summary is very pertinent. 

Thank you very much once again. 

Best wishes. Maketa79

[Maketa79]

How do I present evidence to show the Court that payments were made by the Defendant into my bank account over a period of just under 2 - years in part settlement of a loan?

 

Hello CAG fellow members.

 

(i) I have a case which is set for a hearing in the next couple of months.

I intend to show to the Court that the Defendant, who is denying the existence of the loan, did in fact pay most of the loan repayments, although there is still a considerable proportion left to pay.

 

The repayments were made over a period of just under 2 - years.

I have a schedule of all the repayments the Defendant made. 

 

However, since the payments were made into my bank account, I have closed the account and I no longer have access to on-line bank statements. 

 

(ii) How do address the Court Judge please in the Small Claims Court - do I say 'Your Honour'?

 

I would be grateful for some suggestions as to how I can navigate this situation please.  I hope you can help.

[dx100uk]

sir will do.

get an sar running to your old bank.

you can inc and refer to them in your witness statement as long as you inc them as marked exhibits..

[Maketa79]

Hello dx100uk and thank you for taking the time and trouble to read my post, and for providing some helpful steer which will be of much use to me. I will prepare a SAR right away.

Many thanks once again.

[dx100uk]

don't forget ctax bill if you've moved since you had the bank a/c...

 

dx

[Maketa79]

Defendant denies loan entirely in defence statement despite acknowledging it in an earlier e-mail (which they have presumably forgotten about),

 

then admits loan but offers to pay a third of the outstanding balance during mediation which I declined

- can I mention what the Defendant said in mediation in my testimony, now that the case is going to trial?

 

Hello fellow CAG members:

1.  I would be grateful if you could please take a moment or two to read my post and see if you can help me please.  I have summarised and underlined my query above.

2.  I would be grateful if anyone could share with me the format of a witness summary as required in the case of an unwilling or hostile witness. 

[BazzaS]

You can’t use what was said in mediation.

 

You most certainly can use the email, and use it to show them to be an unreliable witness.

 

No need to say they are lying, just point out the discrepancy.

[Maketa79]

Hello BazzaS and thank you very much for taking the trouble and time to read my post and provide a reply which will be of tremendous help to me as I embark on my first 'litigant in person' case.  I am truly grateful to you.

 

Kind regards.  Maketa79

[dx100uk]

cant deny it at all if you have bank statements proving payments...

 

pretty damning if you have those....

[Maketa79]

Thank you dx100uk.

[Maketa79]

I thank the Consumer Action Group Members for getting me this far in my case which is still in progress.

 

Situation:

The Court has reversed earlier permission for me to rely on witness summaries. 

 

The question upon which I am seeking help, please,  is

- do I need to bother myself as to why the Court has reversed permission to rely on witness summaries? 

If so, what line of logic or law can might I follow because clearly, the Court has said one thing and then another a few weeks later, of its own motion, the Court has reversed the earlier decision. I find this development quite extraordinary in the sense that as a result of being granted permission earlier, I served the three Witness Summons which had the Court stamp.

 

Background

Having given me permission to serve 'Witness Summons' which I served on 3 hostile witnesses several weeks ago, the Court has now reversed it's earlier decision, and refused me permission to rely on 'witness summaries' pursuant to paragraph 32.9(2), citing that I have not shown steps taken to obtain witness statements from the 3 hostile witnesses.  I however, made two attempts to talk to the hostile witnesses who have been non responsive and I can evidence this.

 

I would be immensely grateful for some steer from Forum Members, please.

[AndyOrch]

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32#32.9

[Maketa79]

Hello Andyorch and thank you for taking the time and trouble to read my post and respond to it. I wondered whether you would please clarify the link you have posted as this leads me to the CPR pages to which I was directed earlier by other Forum Members.  This has been the basis of my approach in applying to the Court for the submission of 'witness summaries' and seeking permission to serve 'Witness Summons'.

 

Is there any information you think I might have omitted? I would be grateful for some steer please.  With thanks.

[AndyOrch]

If you could redact upload the order which reverses the order CPR 32(a) is not grounds to deny the request.

[Maketa79]

Hello Andyorch - thank you once again. 

 

I have uploaded (I hope) a redacted file comprising 2 x pages which I trust are self-explanatory. 

 

Just so you are aware,

I have made various attempts to communicate with the 'hostile' witnesses to no avail. Y

 

ou will also note from the Order that the Court has struck out the Defendant's counterclaim which is great news.  But the Defendant has implicated her relatives in her 'defence' hence the need for having them as witnesses. 

 

I just thought I should clarify and contextualise.

 

Many thanks once again. [Attached - Redacted_Files]

 

Redacted_File.pdf

[AndyOrch]

Upload unavailable.

[Maketa79]

Sorry Andyorch - something must have gone wrong. Hopefully this time it will work. Thank you once again - copy of redacted file should hopefully appear below.  I will post this message and then test that the document can be opened.

Redacted_files2.pdf

[AndyOrch]

You did have 7 days from the 26th June to set it a side varied or stayed...why have you have not queried it with the court before now ?

[Maketa79]

Hello Andyorch - thank you once again. In answer to your question, the Order arrived last Friday when the letter was put through the door. I will call the Court tomorrow.  Thank you.

[honeybee13]

We understand when people are new, Maketa.

 

Have you read the forum rules? That might help.

 

HB

[Manxman in exile]

Don't worry about it.  It's just that it makes it easier for people to understand and to try to give you advice if you keep everything related to one topic in a single thread, so everything is in one place and not scattered around.  But if you have a new or unrelated topic, it needs it's own new thread, otherwise people get confused and can't separate one topic from another.

 

Does your question about the courier need a separate thread, or is it part of the unpaid loan to your relative issue?

 

Whoops!!!  Sorry - I see there is a new thread.  Teach me to read before I post!

Edited October 31, 2020 by Manxman in exile
stupidity