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Can anyone look over this WS? Was: Taken some bad advice... too late to win?

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Comments

  • KeithP
    KeithP Posts: 37,503 Forumite
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    edited 5 February at 8:56PM
    ...and as well as @Fruitcake's sage advice, you will of course have realised that their email auto-response saying they don't accept docs via email, does in fact confirm that they did receive your Witness Statement.
    That alone makes it impossible for them to deny receipt of the WS.

    And of course it follows from that, it is nobody's fault but their own if they find themselves without a copy of your Witness Statement because they have discarded the copy that you sent them.
  • stek2008
    stek2008 Posts: 95 Forumite
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    Thanks @KeithP and @Fruitcake for the advice.
    I ended up having to print a copy of the witness statement for the court - they are only allowed to print up to 32 pages apparently if emailed in.

    I have, despite being two days from hospital admission with severe flu at the point of writing the WS, managed to send it on the last day both by email and post to all parties. But have kept screenshots of the website and auto-response just in case. 

    Court date is next Thursday. It will be interesting to see if the solicitor hired by Excel is any good/is prepared. 
    To be fair it'll be interesting to see if I am prepared!
  • stek2008
    stek2008 Posts: 95 Forumite
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    edited 5 March at 11:58PM
    I'm useless with the forum search - I tried searching "Another One Bites The Dust" as mentioned in the Newbies thread - but found lots of results and not overly clear which ones to take heed of when preparing for what will happen next week. 

    Is there an authoritative / best thread to read anyone can link me to?

    How formal is best to dress - should I be suit and tie or smart but less formal?

    I haven't had a day in court since being deemed too biased for jury duty when I was 20 so any tips very welcome. 
  • KeithP
    KeithP Posts: 37,503 Forumite
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    Have you seen this video?...

    www.youtube.com/watch?v=n93eoaxhzpU

    Just three or four people sitting round a table having a discussion.
  • Le_Kirk
    Le_Kirk Posts: 22,236 Forumite
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    edited 6 March at 12:15PM
    Assuming it is a F2F hearing, try this: -
    Read and know your defence, witness statement and evidence inside out, make yourself a crib sheet so that, if you are given a chance by the judge to talk, you can make sure you get across ALL your points.  Make sure your crib sheet contains pointers from your WS to the evidence page and paragraph. Be there early in case the cases in front of you move up the queue and also to allow time for security checks etc.  Do not allow yourself to be sidetracked into a room so that a well-dressed lawyerly type can "have a few words".  Do not accept any bits of paper.  Have a spare copy of your witness statement in case the claimant tries the "we did not receive the defendant's WS" trick!  Dress smartly but you do not need formal wear unless you normally dress like that for work.  Be polite and do not talk over the judge, address the judge as "Judge" even if a lady judge and finally - good luck.  Don't forget, when you win, to ask for your costs.


  • stek2008
    stek2008 Posts: 95 Forumite
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    KeithP said:
    Have you seen this video?...

    www.youtube.com/watch?v=n93eoaxhzpU

    Just three or four people sitting round a table having a discussion.
    I hadn't - thanks that is helpful :) 
  • stek2008
    stek2008 Posts: 95 Forumite
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    Heading to court now - regardless of how it goes, thank you for the help and guidance from the forum. 

    I'll update the thread as to how it goes when I know. 
  • Le_Kirk
    Le_Kirk Posts: 22,236 Forumite
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    Good luck! - hope it goes (went) well.
  • stek2008
    stek2008 Posts: 95 Forumite
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    Le_Kirk said:
    Good luck! - hope it goes (went) well.
    So I got to Merthyr Tydfil combined court 30 mins early for our 2pm hearing. 
    My name was very much not on the list -for either of the two claims Excel had brought against me...

    The security guard called one of the clerks who took the case details away. She returned about ten minutes later with copies of a letter sent by Excel advising they were dropping the two claims dated 14th February. This letter claimed that copies had been sent to all parties - yet I haven't had it. 

    I was simultaneously happy it's over but angry to have taken the afternoon off work, paid for fuel, parking etc. I asked if there was anything I can do - initially I was told not really as the two claims are closed now. But when I mentioned costs they suggested emailing in and they would 'put it in front of the judge'. 
    Is this worth the time does anyone know?

    Thanks once again to everyone who's offered support on this thread. 

  • Coupon-mad
    Coupon-mad Posts: 131,184 Forumite
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    Yes email it in, as shown in the Newbies thread.  This situation is already covered.

    WELL DONE:

    ANOTHER EXCEL TWO CLAIMS BITE THE DUST!
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