GXS - BWlegal - Shoreham Harbour - Defence

KeithP

orange_bag said:

orange_bag said:

 Is this the normal procedure?

I only ask as I didn't read this step anywhere.

Yes, normal procedure.

The CCBC has sent you a letter saying the Claimant has twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 

It follows from that that it is not known when the Claimant has to respond to the CCBC. 

Further, we don't know what delays there are in the CCBC that means they don't send you a Directions Questionnaire as promptly as you might like.

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back to the CCBC, remembering to send a copy to the Claimant of course?

Le_Kirk

orange_bag said:

I have yet to receive the directions questionnaire.

I have received a letter through the post, acknowledgement receipt of my defence, from the CCBC saying that a copy has been served on the claimant (or the claimant's solicitor).

The letter states that the claimant may contact me directly to try and resolve any dispute - I imagine that means I will be getting another letter from them.

It goes on to say that the should the claimant wish to proceed they must contact the court within 28 days after receiving the defence and if not the the claim will be stayed. - Is this the normal procedure?

Yes and the 12 steps from the NEWBIE or defence template would tell you this is entirely normal.

Coupon-mad

Please re-read the first 12 steps as set out in the Template Defence thread.

Then after that, the NEWBIES thread (2nd post) section called 'IMPORTANT - KNOW WHAT HAPPENS WHEN' kicks in and tells you how to fill in the DQ N180.

orange_bag

KeithP said

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back to the CCBC, remembering to send a copy to the Claimant of course?

Thank you for this.

I am checking the MCOL regularly now. Currently it says that DQ have been filled in by both myself and the claimant and my claim has been transferred to my local court. All of this on 13/7.

Coupon-mad said:

Then after that, the NEWBIES thread (2nd post) section called 'IMPORTANT - KNOW WHAT HAPPENS WHEN'

So now the next thing I will be expecting is a letter with a hearing date. Requesting witness statement and evidence.
Am I right in thinking that the witness statement is my story of events?
Rewriting points 3 & 4 of my defence or is there more to it?
I have read through the example WS, but i imagine mine will be considerably shorter will that be an issue?

Coupon-mad

It won't be shorter and the example is old.

Have a look at those by:

@wobs2k
@aphex007
@Daiapolon2021

Le_Kirk

orange_bag said:

So now the next thing I will be expecting is a letter with a hearing date. Requesting witness statement and evidence.
Am I right in thinking that the witness statement is my story of events?
Rewriting points 3 & 4 of my defence or is there more to it?
I have read through the example WS, but i imagine mine will be considerably shorter will that be an issue?

As well as the examples given by @Coupon-mad read the below: -

Your witness statement is "in support of your defence as already filed" and therefore should be ............... in support of and back up whatever you put in your defence.  It is a narrative of what happened on the day and subsequently, written in the first person in your own words.  It happened to you so no one on here can write it for you.  Reduce the impact of anything negative and emphasise the impact of anything positive. It is also your chance to attach any evidence that you wrote about in your defence.  Read other witness statements to see what those posters wrote - particularly successful ones.

For witness statements, the statement of truth’s wording will be as follows:

I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

orange_bag

Coupon-mad said:

It won't be shorter and the example is old.

Have a look at those by:

@wobs2k
@aphex007
@Daiapolon2021

Been a while since I last posted.
Thanks for the help from all.
I'm getting close to court date 25th Jan, and will email my WS soon to BWL and local court.

I wanted to confirm that these were still good examples to use? Or has anything changed in the last 6 months?

Fruitcake

aphex007's WS is the one the regulars generally suggest victims use.