BW Legal - County Court DEFENCE needed in 2 WEEKS

TheSquirrel

I will be the only person attending so there is no WS and the Defence statement was shared on page one some time ago. As much as i've read every article going regarding this and other similar cases, I won't lie I buried my head in the sand hoping that an error on their paperwork was going to get this nullified from court.
I am not a confident speaker, have severe anxiety and do not handle stress at all well, which is why i already feel very defeated in this matter and was hoping all the previous paperwork would have sorted this out.

I'm just hoping to keep the costs down now as i tremble in court - am i right in thinking that they cannot charge for legal fees in a small claims track and that an additional £60 cost is classes as double recovery?

Umkomaas

I will be the only person attending so there is no WS and the Defence statement was shared on page one some time ago.

A WS is an integral part of the process. The Directions Questionnaire will have instructed you to have produced one and served it on the court and the claimant by a fixed date. Whether you are the only one attending, the defendant is required to have produced a WS.

Sorry, but this isn't looking great and likely the reason BWL are pushing on.

I'm not the court expert and someone will hopefully be along shortly to see if anything can be rescued with a last minute WS.

Do some basic prep for that possibility by doing a forum search** on keywords 'BWL Witness Statement' and read others from 2019 to get the gist of what is required. Don't look for Napier-related ones (if you find any it will be a bonus), the general format of any examples will need to be followed.

I did worry at seeing your absence from the forum for the best part of 4 months since the last inputs.

** HOW TO USE THE FORUM SEARCH FUNCTION:

Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

TheSquirrel

Having re-read through all correspondence the part identifying the requirement of a witness statement was shown on the same letter suggesting the case would potentially be cancelled due to improper claimant paperwork. After reading that and not receiving any further information I had convinced myself this would all blow over but a call to the court confirms they have re-submitted and it's still on.

Even now re-reading it reading it, the term witness statement makes me ignorantly think it was just something written by any required witnesses, I think I'll pass out in court :-(

Thanks for responding

KeithP

You received a letter from the court where the hearing is due to take place which included something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

You surely read in post #2 of the NEWBIES thread:

Once allocated to your local court, PLEASE DO NOT NOTE THE HEARING DATE AND FAIL TO ACTUALLY READ THE LETTER!

You WILL be given a clear date by which YOU MUST file the evidence ('exhibits') and any Witness Statement (i.e. yours, as bargepole says in the above link!). At witness statement stage (usually NOT LATER THAN 14 DAYS BEFORE YOUR HEARING!) don't forget to file the evidence you will rely upon, which should at least include:
etc, etc,

Bargepole's 'what happens when' post linked from post #2 of the NEWBIES includes:

5. The case file will then be transferred to your local County Court, and you will eventually receive a Notice of Allocation, giving you a date and time for the hearing. It will also specify a deadline for you to submit a Witness Statement, and any other documents you intend to rely on, usually 14 days before the hearing but sometimes earlier than that.

TheSquirrel

My letter had two paragraphs about the claimant having not filed paperwork or submitted funds appropriately and how this was a warning that the case would not stand past a certain date if they failed to correct and pay a certain amount by a certain date. After reading this i was quite excited that it might not go ahead and waited on that date hoping to get a letter from court to say it had all been dropped.

Having just re-read that letter, it then goes on to say provide witness statements by a certain date.

I admit I have been foolishly optimistic and ignorant to the rest of the letter :-(

The Witness statement date has now obviously passed, no idea what to do

Quentin

Send today with an apology for being late

Coupon-mad

I will be the only person attending so there is no WS

Ooops.

You have filed nothing so far then, no evidence at all. Just a bare defence.

And you are in breach of the Court Directions, which the Judge might not like, but you are a litigant in person so sort this out NOW, file & serve your WS & evidence late.

The Judge might be one of those lovely ones who coaches you through it. Cross fingers!

The Witness statement date has now obviously passed, no idea what to do

Really? Even though we've seen everything before on this forum (you are not the first to muck this up) and you could find out how to address this by searching:

https://forums.moneysavingexpert.com/discussion/comment/74969480#Comment_74969480

https://forums.moneysavingexpert.com/discussion/comment/75858829#Comment_75858829

This is a simple stage, your words, no template. AND YOUR EVIDENCE.

Do not do what that second link person did.

No burying you head in the sand now, please rescue this with a WS and evidence.

The NEWBIES thread tells you the usual evidence to file and shows you examples of WS. Read some, copy one!

TheSquirrel

Thank you so much for taking the time to get me all that info, in between working my butt off today i've manage to get something together. It's far to embarrassing and cringeworthy to post so i'll just beg with the judge to accept it and pray that he just thinks i'm a little bit simple and gives me a bit of a break.

I'm hoping that at worst case scenario or bare minimum just showing up will be enough to warrant a lesser amount to pay, the numbers quoted from the "solicitors" change every time they write them, think they forget how they concocted the numbers at times - hopefully the judge will see through that. I hope these scammers get karma soon and have to pay everyone back for what they've done.

Coupon-mad

Hope it includes evidence as well? As per the tips in the NEWBIES thread.

Make sure you send it be email to the Claimant as well.

NOT by email to your local court! Nonono, never email stuff for a Judge.

TheSquirrel

Yes thanks You again!
I included what little evidence is available for a ticket they claim I didn't have and I didn't retain because of their intentional delays in the notification practise. I hand delivered the package to the court with an apologetic cover letter and proof of emailing to the solicitors, as well as sending out to the solicitors as recorded delivery.

Fingers crossed they're in a good mood next week, I will be trembling!