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  • DoaM
    DoaM Posts: 11,863 Forumite
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    Items 2, 3 and 4 are hearsay (came from a 3rd party) ... I'm not sure they can be used for your husband's WS. But wait for feedback from others who have more knowledge of your thread.
  • The problem is it is hearsay from my son who was the driver, he too is doing a statement which will basically dupolicate this one, hopefully a bit more detailed or something, but was told this is basically how it will need to be done as the defendant wasn’t the driver at the time. Awkward situation really.
  • Le_Kirk
    Le_Kirk Posts: 24,652 Forumite
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    DoaM wrote: »
    Items 2, 3 and 4 are hearsay (came from a 3rd party) ... I'm not sure they can be used for your husband's WS.
    I did wonder about this when I advised OP to ask husband to write his WS, however, the following seems to be true so, unless any of our legally trained posters replies from a position of knowledge, I would say submit it.
    In England and Wales, hearsay is generally admissible in civil proceedings, but is only admissible in criminal proceedings if it falls within a statutory or a preserved common law exception, all of the parties to the proceedings agree, or the court is satisfied that it is in the interests of justice that the evidence ...
  • KeithP
    KeithP Posts: 41,296 Forumite
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    In that WS, the first time you mention 'my son' you should use his name.

    For example, perhaps the second sentence of paragraph 1 should be something like:
    The car was used by my son, Mr Joe Bloggs, who has given me what I truly believe to be an honest account of the dates in question.
  • I’ll wait in the hope that someone will be able to advise on the step from here. My son has nearly finished his but isn’t sure what to say after receiving solicitors letters and basically ignoring them the general advice at the time was it’s just an invoice and scare mongering so ignore them which he did. Wasn’t sure if he should add that or not, or if there was any other reason he should give for not getting in touch with them etc
  • Le_Kirk
    Le_Kirk Posts: 24,652 Forumite
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    That's good advice from KeithP. As regards what your son should write, it should just be what happened to him on the day(s)when he parked there, pretty much along the lines of what your husband wrote as his point 4. No need to give excuses why he did nothing about the solicitor's letters.
  • Ok thank you. My sons pretty much done his statement so I will post that tomorrow.
  • This is my sons statement and advice on what to say or change etc would be much appreciated.
  • Coupon-mad
    Coupon-mad Posts: 152,473 Forumite
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    edited 29 May 2019 at 6:16PM
    I love it; your family are putting in a decent effort with this one!

    Can you get a WS from the resident as well, to corroborate what your son says?
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