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Maketa79

Case management/witness testimony help sought please.

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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

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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.

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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..


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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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.

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

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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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. 

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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.

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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

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

 

pretty damning if you have those....


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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