QDR Solicitors County Court Claim; should I pay?

User4815162342

Afternoon all. It's been a while since I've had to worry about this, and with a lot of life things happening, this has taken a big back seat. Your advice would be appreciated now though.

On 05/01/23, I received a letter from the County Court confirming a date for the claim to be heard in July 2023.

So now I reach out for what I do next & please, the advice and support to get through this claim successfully.

As part of that letter, I have also got a separate piece of paper referring to 'Notice to parties in Small Claims Cases who are not represented by solicitors' and it mentions about witness statements being being ordered? I don't believe I have done this/this has been ordered & I'm a bit unsure what I have to do?

B789

It's all in the Newbies/FAQ thread. You should keep going back to that thread every time you have a question.

You need to prepare a WS to back up your defence. Just tell the story in the first person, expanding on your defence points. There are many WS available to look at and adapt to your circumstances. Just search for them.

When you have put something together, show us here and you'll get a critique and advice.

Check your documents for any deadlines for submitting your WS. You should also receive a copy of the claimants WS too.

KeithP

User4815162342 said:

On 05/01/23, I received a letter from the County Court confirming a date for the claim to be heard in July 2023.

So now I reach out for what I do next & please, the advice and support to get through this claim successfully.

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those 'documents on which you intend to rely' are your Witness Statement and evidence.

Mouse007

Look at that sign, what is the most prominent statement on it?

NO UNAUTHORISED PARKING

If you thought you were authorised to park there why would you read on?

It is also a forbidding sign, it offers nothing. The Claimant’s Particulars of Claim state the terms form part of a contract. You have an immediate legal clash here, a contract can only exist if something is given in return for something. This is known as consideration and consideration must flow both ways.

When you go shopping, the contact is cash in exchange for the goods. You give me something, I give you something, we agree = a contract.

That sign does not offer you anything, it positively refuses to offer you anything. It can not then form a contract. Yet the Claimant’s entire claim is based upon a contract existing.

This is a simple case of contract law. No contract = no payment due.

The great problem is so few fully understand this and fall for the scam.

Your Witness Statement - tell the story, say it as you see it and argue - nothing was offered, nothing was agreed, no contract exists.

Umkomaas

This is a simple case of contract law. No contract = no payment due .....

= Penalty. A private company cannot issue a Penalty!  Beavis was clear on this.