County Court Defence Help Please

dollydoodar

Le_Kirk said:

dollydoodar said:

so is the abuse of process the same as the the supplimentary WS or am i totally wrong?

Have you found and read these yet?

Posted by @Coupon-mad:  For examples of a WS look at the one I wrote, near the end of @Bexon's thread.  And look at how @Chefdave and @keypulse separated the abuse of process argument into a Supplementary WS (a template you can copy except make sure the statement of truth is the NEW April 2020 one - Google!).

i am not finding anything i can use in their WS's as i don't understand some parts of them and/or they do not pertain to my case. is my WS not very good then? i worked so hard on it, from 5am yesterday, all day. i only have 1 more day before it has to be handed in so i don't know what i'll do if you say it's not good enough...

Coupon-mad

I am not finding anything i can use in their WS's

You are joking, or not looking properly at what those threads show you! 

 The point is to show you what to submit and it's NOT just your WS story. 
That is OK. 

But it is not the only thing, that's why I am showing you those threads, so you also include a summary costs assessment and supplementary WS and exhibit the Southampton case and the CRA 2015 and the Beavis case paras 98, 193 and 198.

You can see how much you are missing at the moment by comparing your single sheet to say, @Chefdave's documents.  You can pretty much copy them!

dollydoodar

Coupon-mad said:

I am not finding anything i can use in their WS's

You are joking, or not looking properly at what those threads show you! 

 The point is to show you what to submit and it's NOT just your WS story. 
That is OK. 

But it is not the only thing, that's why I am showing you those threads, so you also include a summary costs assessment and supplementary WS and exhibit the Southampton case and the CRA 2015 and the Beavis case paras 98, 193 and 198.

You can see how much you are missing at the moment by comparing your single sheet to say, @Chefdave's documents.  You can pretty much copy them!

i have other documents but i was to focussing on the WS  as the other stuff is easy and is pretty much organised...

the thing is, i don't understand enough about the abuse of process and unfortunately i haven't given myself enough time to grasp it. i don't even have a couple of paragraphs that i understand to be able to put into my WS let alone write a supplementary WS solely about it. i am reading threads all the time but it's just not going in. 

i have the summary of costs completed and i have the beavis case downloaded and lots of other evidence...

Coupon-mad

abuse of process = the fact they have added a false sum of £60 to the claim.

End of story!

i don't even have a couple of paragraphs that i understand to be able to put into my WS let alone write a supplementary WS solely about it

You are not meant to write it.  Copy the one in Chefdave's thread, it's standard!

dollydoodar

i read the beavis paras you quoted and i cannot see how they have anything to do with my case. i am going to bed as i have to be up early...thanks for pointing me in the right direction, shame i can't see what you want me to see, maybe the penny will drop tomorrow. night

dollydoodar

i haven't been able to sleep. i am understanding it better now, i just needed to read a bit more. i tried to edit chefdaves but it is impossible, unless you know of an copy that can be edited easily? 

and the summary of costs, i have worked on the case for at least 40 hours and at £19 an hour that amounts to a large sum. do you think it will be awarded?

D_P_Dance

i haven't been able to sleep.

This is just an invoice from a very dishonest company, Unless a judge so orders it, it can be ignored.  Mllions of these tickets are issued each year, and few which are contested ever need to be paid.  This is very small beer indeed.

dollydoodar

i received this in an email today? i haven't seen their WS. what should i do about it? 

I am writing from The County Court at Croydon, regarding the above matter.

The Designated Civil Judge for this Court (His Hon Judge Luba QC) has directed

that you respond to the following questions in respect of your matter which is due for

hearing on the above date:

1. Have all outstanding directions been complied with?

2. Is the matter fully effective?

3. Please confirm the realistic time estimate for the hearing.

4. Are there any parties or witnesses travelling from abroad? (If so, can you please

provide details.)

5. Have any relevant translators been booked to attend the hearing? (If so, can you

please provide details.)

6. Are there any expert witnesses due to attend the hearing? (If so, can you please

provide details.)

Please respond to this email, answering the questions above, within 5 working days

of the date of this email, failing which your case will be referred to a Judge who may:

vacate the forthcoming hearing; give further directions; or strike it out.

Please could you confirm your phone number and email address in the reply, so that

the Court can more swiftly contact you during the ongoing Covid-19 epidemic.

nosferatu1001

WEll you have to respond! THats what you have to do clearly.
So
1) You would say no - you will file your WS by xx.yy.zz as per the court order of ....
You are yet to receive the Claimants Witness Statement
2) It means, to my knowledge, "is the matter contested" - so I would make it clear, not a one word answer, that you consider the claim to still be contested, as the claimant has not discontinued and you deny liability for any amount at all. 
3) How long? An hour seems fair, if it is simple
4) Clearly you know the answer to this
5) and this
6) No, and they wouldnt be allowed anyway (SCT prohibits experts from being used)
Then give them your phone and email. 

Ralph-y

"i tried to edit chefdaves but it is impossible, unless you know of an copy that can be edited easily? "

dollydoodar  if you are trying to use Cefdave's stuff and they are PDF's the if you google the phrase 'pdf to word' you will see a set of links to help

Ralph