County Court Defence - Overstay

wizzybee

Latest update - we got a letter from the court saying that the Claimant hadn't returned the DQ within the specified time. I panicked a bit at this as I thought it was our side that was in default, but we are the defendent! And we definitely sent off the DQ by 'signed for' mail and it was recived by the court and VCS. According to MCOL the case may be struck out. This is good?!

Quentin

Yes it will all be over if it's struck out!

wizzybee

Let's hope so!

wizzybee

Hmm. The Claimaint has filed a DQ but on the 2nd August which by my reckoning is 12 days after the date of the service of the Order which was 21st July. It clearly sates that they should have filed the DQ on or before 7 days from the date of the order. This doesn't seem fair!

Should we have filed to have the case set aside within the same 7 days? Is it possible to phone the CCBC to ask someone what is going on?

KeithP

wizzybee wrote: »

Is it possible to phone the CCBC to ask someone what is going on?

Of course.

wizzybee

So....MSE has decided I am no longer a threat and I can log on and view the forums again!

I am putting together the witness statement for this case and have a few queries:
- do I have to include statements about all of the things that were included in the defence?
- does the witness statement need to be signed and dated by the defendent?
- is it ok to staple the pages together or should they be bound properly?

The defendent won't be able to attend the hearing as he is working abroad and I am unable to attend as a lay witness so the witness statement needs to be right!

Thanks to anyone that can offer an opinion!

wizzybee

wizzybee wrote: »

So....MSE has decided I am no longer a threat and I can log on and view the forums again!

I am putting together the witness statement for this case and have a few queries:
- do I have to include statements about all of the things that were included in the defence?
- does the witness statement need to be signed and dated by the defendent?
- is it ok to staple the pages together or should they be bound properly?

The defendent won't be able to attend the hearing as he is working abroad and I am unable to attend as a lay witness so the witness statement needs to be right!

Thanks to anyone that can offer an opinion!

...also,

when refering to supporting documents like photos and extracts from POFA, do I just say 'see Exhibit A' and label the pages 'Exhibit A' etc or should it be 'see Exhibit A - Photo No 1'
Do I include extracts from all the legal directions I refer to?

Le_Kirk

Your witness statement (WS) backs up and supports your defence. If you only have 26 references to evidence you can use Exhibit A, if more than that, suggest you use numbers but it is normally just see Exhibit A or _001. Is it the defendant's intention to have the case heard "on papers"? If so, the WS needs to be watertight! It is usually advised to include just the part of the legal bits to which you refer as it could be a weighty tome if you were to include the whole of them.

wizzybee

I feel like I'm cutting and pasting paragraphs from the defence into the witness statement; amending the wording slightly so that it is written in the first person and refering to photos and supporting documents. Is this right?

Coupon-mad

The defendent won't be able to attend the hearing as he is working abroad and I am unable to attend as a lay witness so the witness statement needs to be right!

Oh dear, most people like that, lose.

So yep you will have to throw the kitchen sink at it, and have a supplementary WS like you see this month several times, when you search the forum for the single keyword 'supplementary' and change the default to SHOW POSTS.

Also read the two wins this morning and yesterday v VCS, to learn how it's done!