Gladstones - Technical defence against PCM

KeithP

Kas22 wrote: »

Should I be preparing a witness statement? Should it rely on my defence that was submitted?

Yes is the answer to both of those questions.

Kas22

Got my Notice of Allocation to the Small Claims Track (Hearing) the other day.

There is a paragraph that states:
"Unless the claimant does by 4.00pm on the 16 November 2018 pay to the court the trial fee of £25.00 or file a properly completed application (i.e one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 16 November 2018 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred."

I guess this means that PCM have until then to either pay the fee or file a properly completed application?

nosferatu1001

WEll, they obviously dont get help with fees..
So yes
THey have to pay
THey will pay
So, have you checked the rest of the letter to see when your WS / other documents are due?

Kas22

Apologies for the delayed response!

Yes, I checked the rest of the letter and it mentions an option of using a mediation service that can be be used free of charge where we are allocated an hour over the phone to try and solve the dispute. Albeit, it is only available seven days after the receipt of the letter, which has long passed now.

The next step is to send the WS no later than 14 days prior to the hearing with all the evidence. I am to send all my evidence to the judge and claimant.

KeithP

What is the date of your hearing?

Don't miss the deadline for filing and serving your Witness Statement and Evidence.

nosferatu1001

Indeed, tell us the date
SHow us your WS
You have by now found DOZENS of examples of WS, whic is simply the FACTS supported by your evidence. Easy. Your words. No tenmplate to fill out, just a set format - same as defence - that you follow i.e. numbered para, header and footer.

Kas22

It's the 17th December, Which'll be a Monday.

I'm guessing I should just add everything in the WS that I added in the statement defence, and anything else I wish to address?

Coupon-mad

No need to guess. Example WS and a list of typical evidence are in the NEWBIES thread 2nd post.

Kas22

Should have my WS ready by the end of the week.

On another note, if I'm also defending for a family member, on MCOL, do I select 'I am a Litigation friend' but use the members personal details, and get them to sign?

KeithP

Do everything as the Defendant - in the Defendant's name - but I cannot understand why you are doing anything at all with MCOL at this stage.

When the time comes, you can still attend and represent the Defendant, but the Defendant must attend too.