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Papers only claim
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Could I please check with anyone on the above statement from at least the couple who have been helping me upto now, is this acceptable please? I appreciate any help and advice please0
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yes they seem acceptable to me , although I am sure they could be improved because there is always room for improvement , lol
personally, I dont care if its hearsay, we encouraged you to get the 2 people involved to write a witness statement about what they know or heard, and you have done exactly that, none of you are lawyers, so its a lay persons WS (twice) and shows honesty and isnt contrived and has no legal knowledge like a lawyer would speak, so told "as it is"
let the judge decide on what they will and wont allow, but unless somebody can tell you how to improve these 2 statements then I say they are as good as anything that can be submitted and if its hearsay , so what ?
so if you get no actual suggestions or rewrites to improve them , you will want to print 3 copies of each statement , signing and dating as well by the people who made them, plus make 3 printouts of the photos that were taken recently as well
send one full set to the claimant (solicitors ?) , preferably take (or post with free proof of posting the ones to your local court - again a full set) and your hubby keeps one full set (the third set) for himself as backup
then when your hubby gets the court date in the post , put a note in your diary for about 18 days prior to the court date so you can then send the letter about non-attendance for both witnesses and your hubby wishes it to be hear on papers by the judge
this letter can be prepared beforehand on the laptop and 3 copies printed , but need to be signed and dated for that date in your diary, the one noted earlier (18 days prior to the hearing) - so NOT POSTED with these statements and photos !!!
take one letter to the court, post one to the claimant with free proof of posting from the POST OFFICE, and keep one with the other documents at home, just in case
then your husband awaits the judges decision after the court date, so maybe a few days or a week later he will get a letter with the judgment
if he loses, he must pay IN FULL within one month
if he wins , its over with for him, end of the saga for him
so for now , if no further suggestions are made , you
print 3 copies of husbands statement
print 3 copies of your sons statement
print 3 copies of the photos
get all 6 statements signed and dated by the people involved and separate into 3 bundles (so 3 signed by your hubby and 3 signed by your son)
then its one complete bundle to the court , preferably hand delivered for safety
second bundle to the claimants solicitors, by post with a free certificate of posting
third bundle is kept with all the other paperwork by the husband, in a folder
I hope that is clear ?
and the non-appearance letter by your husband stating that no one from his side will be attending court will be in several weeks or a few months time, 2.5 weeks before the court date, just to finish things off , one to the claimant and one to the local court itself (but remember, you are still waiting for that court date so until then you cannot make a note in your diary)0 -
Oh my god that’s amazing, I can’t say a big enough thank you to you for your time and patience with helping, you really have taking so much stress away, I was getting so depressed with the worry, I am a worrier and not even my problem! I just like to help people and they needed it big time or he would just of taken a loan and paid in full, I was desperate not to let those scammers get off that easy, if he loses he loses and I don’t hold out much hope, but it’s worth a try and I’ll know I did my best to help. But I couldn’t of done it with out you and the others in here so I’m very grateful! I’ll keep you informed.0
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OP, sorry, I should have perhaps commented on the statements rather than just ticking the "Thanks" button, however, Redx has put it so eloquently, I have nothing to add, except to say, we told you not to worry (too much) and good luck when the case comes to court. Keep us informed.
ETA, you realise you will have to change your user name, when you win! You can't keep calling yourself useless!0 -
make sure that each of those papers has the COURT CASE REFERENCE NUMBER on it, plus name and address etc, so the court and the claimant know which file to put it in, so on EVERY SHEET of paper
and add the case reference number in the top left of the envelope they are posted in, just to be sure , too much info is better than not enough, lol
as I said earlier, we encouraged you to get this done and you have done so, once its before a judge its out of your hands
once this stage is done, its important to get that letter of non-attendance in by a fortnight before the hearing , hence why I said 18 days for your diary, to allow 2 or 3 days for the post, better to be early and definitely NOT late
good luck0 -
Only one very minor (grammar-nazi) comment ... I'd use PCNs rather than PCN's. (PCNs is a plural ... PCN's is a possessive).0
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Indeed, apostrophe abuse appals me.You never know how far you can go until you go too far.0
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Ah I will do thank you for that.0
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Right, noted, thank you I will do exactly that. Thanks again0
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Thank you for your support. Unfortunately no the resident has left the property now and actually due to this they don’t speak anymore!0
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