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  • Von0974
    Von0974 Posts: 16 Forumite
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    Im sorry I'm a pest.. I have been reading up in newbies thread am I right in thinking my witness statement is to be factual and not legal terms,
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Yes, it is a statement by the witness

    You should not argue in it, however its small claims and youre not a lawyer so there is usually some leeway given

    An argument is "I am not liable because..."
    A fact is "the defendant was the registered keeper of vehicle... on ...."
  • Von0974
    Von0974 Posts: 16 Forumite
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    Thankyou. The fee still has to be paid by them yet.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Day after it is due call the court
    If it hasnt been paid then ask for the claim to be struck out. You may need to write /. email them.
  • Von0974
    Von0974 Posts: 16 Forumite
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    It states cel have till 4pm on a certain date to pay by or it will be thrown out, but my witness statement also has to be in by the same date 28days before the hearing.
  • Von0974
    Von0974 Posts: 16 Forumite
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    It was the deadline today for all evidence to be entered for court hearing, I've received nothing from CEL, in paperwork from court judge stated if it wasn't in by today it would be thrown out. Could I now ring the court and advise I have received nothing
  • Umkomaas
    Umkomaas Posts: 41,508 Forumite
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    Give it a couple of days - then go for it.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    I would give them ONE day past the deadline
    Then call the court. Ask if the court has a copy of the CEL bundle - and advise YOU do not have a copy.
    Ask the court to use their OWN powers to apply THEIR RULES and strike the claim out, without need for an application from the defendant, as this is not an ambiguous case; documents havent been served, the C is in breach of the order of X date, case is struck.
  • Von0974
    Von0974 Posts: 16 Forumite
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    Discontinued... Thanks everyone
This discussion has been closed.
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