UKPC sent County Court Business Centre letter - what do I do?

nickkinix

Yes sorry its witness statement I meant! So I don't send this again, I write aa more detailed explanation of what happened along with the evidence? 

nickkinix

Yes the hearing date is scheduled for May 2nd, however they have said it would be on papers, so I have emailed them today along with my DQ (again) to ask why they have allocated the case to be heard on papers when I asked for face to face. It may be they will just change it over but assume they may also change the date so I'm hoping to hear back. The automated response said if I'd not heard back within 10 days to chase it but not before. 

Boat_to_Bolivia

Going by what I've learnt over the last few months, yes you now need to write a Witness Statement to back up the defence you have already submitted. Your WS is in the first person and where you attach your exhibits. Again, I'm new, but the WS example I've seen quoted is the one by @aphex007.

(Apologies in advance to the experts here if I've got it wrong. Feel free to tell me to !!!!!!)

nickkinix

Boat_to_Bolivia said:

Going by what I've learnt over the last few months, yes you now need to write a Witness Statement to back up the defence you have already submitted. Your WS is in the first person and where you attach your exhibits. Again, I'm new, but the WS example I've seen quoted is the one by @aphex007.

(Apologies in advance to the experts here if I've got it wrong. Feel free to tell me to !!!!!!)

Thanks for your help, I've had a good read through aphex007's WS, it will help me to put mine together, especially with laying it out correctly. Tomorrow's job now, bit late for me to manage much more tonight!
Appreciate the help given by everyone on this forum ❤️

Coupon-mad

Another good one is the latest WS version posted today by @SJRRJS

nickkinix

Just had this email back from Cardiff County Court! Is there any point in writing, surely that's what I did in an email?! 

Le_Kirk

What a load of nonsense, it does not make any sense in any logical or grammatical way!  It looks like there is a word missing or a word added from the first part of the first sentence.
"... if it considers it an appropriate and proportionate to do so......"
"... if it considers it an appropriate and proportionate to do so......"
"... if it considers it an appropriate and proportionate way/method to do so......"
The second part of the first sentence also makes a nonsense of the words on the Notice of Allocation which usually state if either party objects to the determination on papers they should contact the court, which you've done, only to be told the court has taken an arbitrary decision!
The second sentence wants you to send a(nother) complaint or objection which the judge will then consider at the hearing - I would say it would be a bit late at that time.  I would be objecting in the way they suggest and point to the words on the NoA that say you CAN object and you have and you want a F2F or at least a remote hearing but you want to be able to put across your point of view and question the claimant!

Coupon-mad

Thing is, the court can do this; the Judge calls the shots so don't get argumentative!

Politely comply and do exactly what is suggested, reiterating that there are likely to be issues with the generic witness statement and template evidence mock up site map and undated photos that this Claimant trots out, and not allowing a Defendant to point out (as the only true witness) that signs are not where the C says they are - and any other matters the witness statement reveals, otherwise too late to challenge - will only advantage the serial Claimant.

And separately send your WS & evidence in good time. Let us know when you get theirs or has it arrived already?

Le_Kirk

Hmmm, well if the OP has received  N159 on there it states: -

The judge proposes to deal with the claim without a hearing, that is, on the papers alone but can only do this if all parties agree. Please tell the court whether or not you agree to your case being dealt with in this way by completing the lower half of this form and returning a copy to the court on or before. You must at the same time send a copy of it to all other parties. 

I accept that you say that judges can do what they like (can they really; you have more experience than I will ever have) but what is the point of official forms whereby it states the judge can only do this if all parties agree and then goes and does his/her own thing anyway? Notwithstanding that, the OP should follow your advice.

Coupon-mad

Good point about the N159.

Are Cardiff on the list for the pilot of hearings on the papers...I think they might be?  Maybe the Judges there are throwing their weight around to take advantage of the pilot to close down defendants from being heard - sadly it has never been a good court in our experience.