*UPDATED* Witness Statement now added!

Jenni_D

CEL? Expect a discontinuance before they need to pay the hearing fee.  

Anonymouskeith

Jenni_D said:

CEL? Expect a discontinuance before they need to pay the hearing fee.  

Yeah that’s the vibes I’m getting from
the giving me another chance to settle for substantially less than they’re trying to claim. Fingers crossed. 

Coupon-mad

CEL have the same WS and evidence deadline as you do, so you can only comment on their evidence if you've seen it.  Which you have, if you got a SAR.

Anonymouskeith

Coupon-mad said:

CEL have the same WS and evidence deadline as you do, so you can only comment on their evidence if you've seen it.  Which you have, if you got a SAR.

Ill try and find where I put it, hopefully not in the bin. Any thoughts on my witness statement?

D_P_Dance

If/when they do discontinue consider this,

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Le_Kirk

Anonymouskeith said:

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 didn't breach contract as I never had the opportunity to enter. I've done a lot on the (genuinely) bad signage, however feel like I don't know how to make this point directly - am I doing enough? If not would appreciate a point in the right direction. 

As others have said, you will/should receive the claimant's WS before the same deadline that you have.  Then, if there is anything in there that is untruthful, you say so, if there is anything that helps you, you say so.  Your WS is in support of your defence as already filed so it must only contain evidence that relates to the points you made in your defence.  You cannot add new legal arguments in a WS

Anonymouskeith

Le_Kirk said:

Anonymouskeith said:

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 didn't breach contract as I never had the opportunity to enter. I've done a lot on the (genuinely) bad signage, however feel like I don't know how to make this point directly - am I doing enough? If not would appreciate a point in the right direction. 

As others have said, you will/should receive the claimant's WS before the same deadline that you have.  Then, if there is anything in there that is untruthful, you say so, if there is anything that helps you, you say so.  Your WS is in support of your defence as already filed so it must only contain evidence that relates to the points you made in your defence.  You cannot add new legal arguments in a WS

How does your final point relate to my defence & WS? Have I inadvertently done that?

Coupon-mad

Don't know!  Had no time to compare.

Show us that WS on this page again, or preferably wait till nearer the deadline for exchanging your WS and hopefully you will get CEL's first and can add more.

Le_Kirk

Anonymouskeith said:

Le_Kirk said:

Anonymouskeith said:

Have a few questions in the meantime also:

  You cannot add new legal arguments in a WS

How does your final point relate to my defence & WS? Have I inadvertently done that?

Just a heads up so that you don't, as the claimant could complain of an ambush and maybe get your defence and witness statement thrown out!

Anonymouskeith

Just a update on this CEL not paid the hearing fee so case struck out.

thank you very (very) much to all who replied, it may have been like getting blood out of a stone at times but your help was invaluable and I really appreciate it