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*UPDATED* Witness Statement now added!

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  • Redx
    Redx Posts: 38,084 Forumite
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    edited 28 May 2021 at 2:26PM
    3) I would just Keep it simple , saying

    North in January 2020

    action in November 2019 , 2 months prior

    7) typos , so correct the spelling

    11) new terms and conditions ( adding the word new )

    I agree that it should be more concise , but it also needs to show the BPA CoP errors etc too , so a balancing act as you rightly say

    So unless further suggestions are given and accepted , go with your gut , after my minor changes are implemented




  • Redx said:
    3) I would just Keep it simple , saying

    North in January 2020

    action in November 2019 , 2 months prior

    7) typos , so correct the spelling

    11) new terms and conditions ( adding the word new )

    I agree that it should be more concise , but it also needs to show the BPA CoP errors etc too , so a balancing act as you rightly say

    So unless further suggestions are given and accepted , go with your gut , after my minor changes are implemented




    Submitted with your suggested amendments. Now to await a response. If the claimant was going to drop the case, would it typically be at this stage?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 28 May 2021 at 6:12PM
    Redx said:
    3) I would just Keep it simple , saying

    North in January 2020

    action in November 2019 , 2 months prior

    7) typos , so correct the spelling

    11) new terms and conditions ( adding the word new )

    I agree that it should be more concise , but it also needs to show the BPA CoP errors etc too , so a balancing act as you rightly say

    So unless further suggestions are given and accepted , go with your gut , after my minor changes are implemented




    Submitted with your suggested amendments. Now to await a response. If the claimant was going to drop the case, would it typically be at this stage?
    Unlikely , they have a month from when the CCBC emails them your defence , so assume that they will go ahead and check your MCOL claim history once or twice a week , wait for it to say that they have posted the N180 DQ to you , download it and fill the pdf in , then email it to the ccbcaq email address , so no posting it , and not before it has been sent , or received by you in the post !!

    It's all emails from this point on

    Check your claim history next week to make sure that the Defence has been logged

    Meanwhile , check your inbox folder or spam folder for the email auto reply receipt from the CCBC , your proof it's been received

    Ps, take note of paragraph 14 in this WS about the CRA 2015 and Lord Dennings red hand rule , it should be useful in your own WS , before any hearing
  • I have still received nothing either by mail or otherwise from the claimant or the court regarding this since it was acknowledged that my defence had been received on 28/5 - is this normal? Or would you say that at this stage it is more likely than not the claimant no longer intends to pursue this?
  • Umkomaas
    Umkomaas Posts: 43,333 Forumite
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    I have still received nothing either by mail or otherwise from the claimant or the court regarding this since it was acknowledged that my defence had been received on 28/5 - is this normal? Or would you say that at this stage it is more likely than not the claimant no longer intends to pursue this?
    We never predict the likely actions of a predator. It will be what it will be. 

    In any case the claimant has 28 days to decide, and while you have the date your defence was received at the CCBC, you don't have the date it was received by the claimant. Even if it was the following day, it's too early to guess at any conclusions. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 18 June 2021 at 12:00PM
    These cases follow a due process and months can go by

    Your MCOL claim history will update when they know , until they know , we don't , keep an eye on it but expect something next month
  • Finally received DQ from the court in the post the other day, I filled it out & emailed it back to CCBCAQ@justice.gov.uk - am I right in thinking this is correct? I haven't received any sort of confirmation email as I did with my defence. MCOL has also not update to reflect that they have received it. I did only email it around mid day yesterday but just don't want to get caught out.
  • Le_Kirk
    Le_Kirk Posts: 24,518 Forumite
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    Takes a while for MCOL to be updated sometimes. Keep checking daily.  Did you serve a copy on the claimant?
  • Le_Kirk said:
    Takes a while for MCOL to be updated sometimes. Keep checking daily.  Did you serve a copy on the claimant?
    yes by email also. will keep a checking for an update thanks, I think I have another 10 days or so before the deadline
  • okay, a while since I last posted. My local court finally got in touch, proposed a hearing 'on the papers' some time early spring next year. Submitted the form today requesting a proper hearing, and emailed a copy to the claimant. Been working on my witness statement & evidence since, mostly using the template provided in the newbies thread as well as some others. Have finally put together one I think im happy with which ill post a link to below, if people could be so good as to give me any pointers.

    Have a few questions in the meantime also:
    The template that I relied on mostly as a guide to writing my witness statement makes repeated references to content of the claimants witness statement/evidence - I have not received anything from either the claimant or the court in this regard - should i? do i need to ask?
    Feel like I need a steer in where to go arguing better that I didnt breach contract as I never had the opportunity to enter. Ive done a lot on the (genuinely) bad signage, however feel like I dont know how to make this point directly - am I doing enough? If not would appreciate a point in the right direction. 
    Is there anything else worth mentioning?

    As soon as a court hearing was set, CEL contacted me and offered to settle for £85 instead of £275. Obviously told them where to go, and that id be happy to settle for nothing. 

    Will attempt to attach PDF of my witness statement below:

    https://drive.google.com/file/d/1ImOqpJdwg5bvxuU9vG3B4IPtiictL9kO/view?usp=sharing
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