Witness statement

Mojito1

Hi,

I am not sure if am posting in the correct section, but hoping some people with legal / court experience might be able to help.

To cut a very long story short, I have appealed against a court judgement for money, which was made against me in default. I have received another court order stating that I should file and serve a witness statement with supporting medical evidence, setting out why I failed to comply with previous order and why I was unable to attend previous hearing.

Does anybody know what kind of evidence is required / acceptable and should the witness statement be very detailed, or brief with regard to explaining health issues?

hollie.weimeraner

It should be factual and to the point with accompanying proof of your medical condition.  Sick note etc and proof you were unfit to attend court (letter from doctor, medical professional or hospital).

Mojito1

Thank you. I can provide a fit/sick note confirming unfit for work, but might struggle to obtain a letter confirming I was unfit to attend court... It's almost impossible to get even an emergency appointment with my GP at the moment. Should I explain that in the witness statement?

I do have a letter from doctor referring to the same health conditions, which was sent to the Claimant several months ago before court proceedings, so not a very recent letter. Will that do?

Mojito1

Does anyone happen to have a witness statement template? 

Should I also be submitting a bundle as well, including all other evidence for my defence and counterclaim before the next hearing, or just only what the judge has ordered?

Mojito1

Sorry for all of the questions...

Do I have to put my current address on the witness statement? I do not want the claimant to know my current address, through fear of their past behaviour of harassment, stalking & threats. The court are currently sending correspondence to my previous address (which is being re-directed), however they are aware that I no longer live there. Should I also write in the witness statement that I do not wish to divulge my new address to claimant due to their behaviour?

Would really appreciate any help at all.

princeofpounds

You may want to try an alternative site like legaladviceuk on Reddit. This board is much more property focused. Whilst I'm sure people here don't mind helping where they can, you are starting to ask quite specific procedural questions. Note that you can also ask the court clerks for procedural advice, I believe. Just not legal advice.

Mojito1

Thank you prince, will have a look on that site too..

I think I am looking for legal advice with presenting / drafting documents and evidence for the court and I have seen lots of legal advice given on this site and understand some members on here are lawyers, so any advice on here would also be really helpful.

user1977

Mojito1 said:

Thank you prince, will have a look on that site too..

I think I am looking for legal advice with presenting / drafting documents and evidence for the court and I have seen lots of legal advice given on this site and understand some members on here are lawyers, so any advice on here would also be really helpful.

There are lawyers here, but their expertise is about house ownership and landlord/tenant matters, not court procedure for debt recovery.

Mojito1

Oh well that's great then, as this matter relates to a dispute with my former landlord. 

Apologies for not explaining that - I didn't want to write a lengthy explanation of the whole story to bore you with and was just trying to focus on getting witness statement sent to the court as am mega stressed. 

Am happy to provide more info if you would like, but to give a brief outline:

I had an absolute nightmare experience with previous landlord. This started as a possession claim, I have since vacated the property and the remaining claim is for rent arrears. My defence and counterclaim relates to uninhabitable condition of property, failure to address disrepairs, severe harassment, stalking, threats, revenge eviction, breach of contract and mental distress etc. 

Am really struggling and want to try to send properly presented documents to the court, so would really appreciate any help on here.

turnitround

I think you may struggle on this as rent arrears are a totally separate issue o the other things you mention. Rent is still due even if there are problems with the property.

Mojito1

Thank you turnitround,

Well I do believe I should have been legally entitled to a refund of my security deposit and upfront rent paid, under the circumstances, which would have enabled me to find alternative accommodation straight away, but this was refused, and landlord also refused to fix any disrepairs. I did continue paying the rent through fear of being evicted, but was served an S21 anyway as revenge for complaining about disrepairs. I wasn't able to afford to move out straight away and the harassment and threats from day 1 of the tenancy, in addition to the disrepairs caused me horrendous health problems and prevented me being able to work, so I then fell into rent arrears and then S8 was served. I simply wasn't able to move out of the property any sooner than I did. 

I do believe the damages I am claiming far exceed the amount of rent arrears, and the landlord should have mitigated their losses at the beginning of tenancy by refunding my money. I have acted in good faith throughout and the landlords behaviour is outrageous.

Not only did they deprive me of any quiet enjoyment of the previous property, but are depriving me of the same in my new property through their continued harassment through the courts. 

I have rented many properties in my life and have also been a landlady myself and have never experienced anything like this, nor would I have ever dared to treat my tenants in this manner.