County Court Claim - BW Legal

cherylwales

Redx wrote: »

except BP would expect you to post it , but things have moved onto emailing the defence and then the DQ , so you fill in and email the CCBC DQ, not post

Quick question: Is it acceptable to email the copy questionnaire to the Claimant or does it have to be posted? Thank you.

Coupon-mad

Email is fine for that.

cherylwales

Hello All, back again! So I had a date for the hearing of 8th January and despite knowing full well from reading previous posts that I have to submit the Witness Statement, I have totally ignored it and put my head back in the sand until we received BW Legal's witness statement in the post today. Am very cross with myself but its done now and I will just have to get it done. However, I have a couple of questions if anybody is still up to answer them please?:

1. My witness statement must be send by 6th December (i.e. this Friday). If I work on it all tonight and tomorrow morning and get it in the post be tomorrow afternoon, will this still count as on time, even though the Court and Claimant most likely wont physically receive it by Friday? Alternatively, is it acceptable to email the witness statement to them both?

2. Having received BW Legal's WS already, can I refer to that in my WS? Should I set out my WS as a rebuttal of theirs or just do mine as I would have should I not already be in possession of theirs?

3. In various places of BW Legal's WS, they ask for strict proof about things. Should I respond to these points in my WS? If not, then where / when do I do so?

4. I do not intend to attend the hearing for various reasons and the court letter says that I should write and tell them so at least 7 days before the date of the hearing. I understand that I can submit a Skeleton Argument in lieu of attending. Do I need to submit that now along with the WS or do I submit that when informing them that I wont be attending?

Thank you so much for any help.

Coupon-mad

1. My witness statement must be send by 6th December (i.e. this Friday). If I work on it all tonight and tomorrow morning and get it in the post be tomorrow afternoon, will this still count as on time, even though the Court and Claimant most likely wont physically receive it by Friday? Alternatively, is it acceptable to email the witness statement to them both?

You will need a WS (easy, your story told in the first person, plus your evidence), plus a supplementary WS about the fake added £60 (even easier - copy one and learn about what you missed by not being on the forum in November).

And a costs schedule - search the forum, as ever.

It will NOT take you days! Look at other threads.

3. In various places of BW Legal's WS, they ask for strict proof about things. Should I respond to these points in my WS? If not, then where / when do I do so?

Yes if you can prove stuff then append proof.

4. I do not intend to attend the hearing for various reasons and the court letter says that I should write and tell them so at least 7 days before the date of the hearing. I understand that I can submit a Skeleton Argument in lieu of attending. Do I need to submit that now along with the WS or do I submit that when informing them that I wont be attending?

So, after all this, you want to lose and pay £300 (typical award in this situation and completely and utterly against forum advice). What is so important that it's worth you paying a scammer £300 and a loss? Yes, you will more likely now lose.

KeithP

Yes CM, I was about to offer encouragement... until I got to that last paragraph.

cherylwales

So, after all this, you want to lose and pay £300 (typical award in this situation and completely and utterly against forum advice). What is so important that it's worth you paying a scammer £300 and a loss? Yes, you will now lose.[/QUOTE]

Thank you Coupon-mad for replying. Sorry I was under the impression that submitting a Skeleton argument was an acceptable alternative to not attending. I didn't realise that this would mean I would automatically lose. Its not that something else is more important, its rather that I have severe anxiety issues and do not feel that I could speak up in person without turning into a gibbering mess or running away and that writing down my arguments would be more effective than attending in person and not coping with the situation. I guess if I will lose because of this then it isnt worth bothering to submit the paperwork anyway?

KeithP

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

Is that what you imagined?

Coupon-mad

I didn't realise that this would mean I would automatically lose.

Not automatically. but you will lose of the Claimant gets the case to walk all over in your absence and to lead the Judge up the garden path, when you could easily point out the untruths.

You can do this.

I used to work in a school until a few months ago. Tell me about anxiety issues...not to demean what you say at all, but almost EVERYONE dragged to court by a PPC feels like you do and wants to run away.

It's only like a job interview sort of feeling, where your mouth is dry (they give you water and are generally lovely people in the courts!).

Why not take a relative or friend to speak for you, and sit with you? A lay rep, like I was in Southampton on 11th November in the case you must have read about on CEC16's thread.

We are arming you with the armour to protect you and win. Take a friend, too.

cherylwales

Thank you KeithP, thats a very helpful video. However I'm afraid my responses arent in the least bit logical and even though my sensible head tells me that it all looks "doable" in the video, I'm shaking and feeling distressed just thinking about going. Ridiculous I know, but that's me all the same.

Much as it pains me to do it, I think I may just pay the charge. I am very sorry if i've wasted anyone's time on here and am very grateful for the help I've had so far.

Coupon-mad

Don't do this. You can take someone to speak for you (as long as you sit there too), so what's the problem? Every single defendant there is shaking, I've seen them!

It is not ridiculous or weak to feel anxiety or adrenaline, it's natural.

We are giving you the armour to protect you and win your case.