Showing results for tags 'witness'.
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My wife has just received some Court papers from Northampton County Court regarding a debt with a Marbles credit card. The account started in March 2004 and went into default in April 2009. The amount claimed excluding Court & Solicitors costs has increased by £251.73 since the date of default so I don't know where that comes from. When she stopped paying Marbles due to financial difficulty and they started getting heavy with their threats she sent off a CCA request. All she got in response was a copy of their T&C's so we put it to bed. Later Cabot get their grubby little hands on it, according to her credit file in June 2010. Their threats start and we send a CCA request and of course they can't supply one. The threats died off until a few months ago when she starts to get letters saying "pay up or we may take Court action". She ignored these and she now gets these Court papers this morning. Need to know how to go about defending this claim so any help gratefully received. We have been doing a lot of work on the house and have either mislaid or thrown out any of the old paperwork relating to this account. TIA for any assistance. -
I brought a car from honda in may 2004, it was a a ex show room car, and I was offered £1000 off the price of the car . How ever Honda finance increased their interest rate from 11.9% to 12.9% to get the cash back from the £1000 discount from the car. Also the copy of the consumer credit agreement I was given is unsigned by honda finance , so would i be correct in that its a unenforcable CCA cheekyone
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List of events Received claim from Northampton CC Acknowledged service Sent CCA request to Lowell and CPR 31/14 to BW Legal Reminder sent to both after 14 days Embarrassed defence submitted as could not reply to particulars without agreement, DN and NOA. Directions sent out for witness statements no later than 14 days before hearing I filed my witness statement to court with 15 days to go 2 days before the hearing I now get claimant witness statement with copy of agreement and NOA attached but no DN What can I do from here? I am surely prejudiced by this as I am unable to defend it now, plus also the directions stated if docs and statement were not filed outside of 14 days then they would be disregarded. Also the agreement looks very dodgy and looks reconstituted, it was taken out in May 2006 so it must be the original surely? Plus also some particulars are missing from it such as their signature and also a credit limit? How do I proceed from here as the hearing is this Wednesday. -
Good evening. In a two-year small claims case (yes - two years!) it looks like things are finally heading to trial*. I am the defendant/counter-claimant and litigant-in-person. Other party also representing themselves. I have just exchanged documents with the other side. On reading their witness statements, I find that one of the statements makes explicit reference to previous settlement offers from us that were clearly marked 'without prejudice'. The figures cited are figures that were presented, but are used to misrepresent the actual offers/counteroffers dialogue (to make me sound unreasonable), without copies of the actual letters included. Question: can I ask the judge to dismiss this witness statement as inadmissible? Alternatively, can I choose to agree to having the 'without prejudice' letters admitted - but ALL of them including the other side's (although none have been included in the exchange documents)? This latter option would make it quite easy to show that the other side is unreasonable. Also, given that the claimant has effectively disclosed in a witness statement that they have offered to settle by paying me, does this imply they have 'dropped their claim'? Can they still go to court on their original premise, namely that I should pay them the outstanding part of their bill? Two other questions: Two of the statements share about 60% of the wording - word for word. As witnesses are meant to write statements 'in their own words', is this grounds for dismissing the statements? Also the witness statements provided by the other side are unreferenced (i.e. allegations without referring directly to related documents, such as quotes, e-mails, product data sheets, etc - although these, with the exception of the 'without prejudice' letters, are included in the exchanged documents, connection to the witness statement is not shown). How would a judge treat a statement that isn't referencing the relevant information? I have looked everywhere online for information specific to the main query, but I can't find anything that explains what I need to know. Can anyone advise me, ideally with reference to relevant law info that I could cite if necessary? Thank you so much. Sue *Details, in case anyone wants to know: the case concerns withholding final 10% of a bill - for faulty windows/fitting. Then being sued by joinery company, and counterclaiming. JOINT Expert report, commissioned a year into the case after pressure on claimants by a judge, found that the company owes me money, not the other way around, due to the nature of the defects - 6-10 times the amount they sued for. Judge at the last hearing pointedly advised parties to find a way to settle out of court. Claimants refused any reasonable offers of settlement (under 50% of max total expert estimate) and made what I consider silly offers (roughly 10% of joint expert's estimate). So far no joinery company I asked has been willing to take on the mess I have been left with, so I think the windows will need replacing - which will cost more than small claims maximum. -
Hi Lowell have been chasing me for a debt for some time. The letters they have sent have always been vague and I have written to them asking for assignment notices / original credit agreement and other information but never received a thing. They are taking me to court and today I have received the court bundle they have submitted. They are saying this is a debt to Vanquis Visa for £807.95. They have a copy of my on-line application and statement. That's fine - I don't dispute a debt to Visa, it's just never been clear what Lowell are chasing for Lowell have included a copy of an assigment notice saying my account was sold to them on the 18th of December 2013. The letter is dated 26th of December 2013 (Boxing Day). They have included another letter, also dated 26th of December 2013 introducing Lowell. They then include a letter from Vanquis dated 12th of August 2014 to me saying they had made a request for a hard copy of my application which could not be provided as it was done on-line. I have never made this request to Vanquis. I have only requested a copy of the original credit agreement from Lowell. They have sent a default letter from Vanquis dated 21st Feb 2013. I have been resisting this case because I have never been clear what Lowell have been chasing. I didn't get the letter they sent on Boxing Day 2013 and I have sent letter after letter requesting the original credit agreement and had nothing back in reply - just generic threatening letters. The court date is the 19th of December. Do I have any sort of defence here? I don't mind paying Visa but I don't want a CCJ from Lowell who have not provided me with ANY information about this debt over the last year or so. Any help greatfully received. -
Hello All - Ist time post. In seeking further disclosures from the Respondent prior to ET, is the correspondence to and from them able to be discussed at the ET hearing?
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Hi, HSBC have made a claim against me which is in court next week. The district judge requested that by 19th August that we had to file at court and serve on our opponent a witness statement and by the 26th August the claimant (HSBC) had to pay the hearing fee. It says on the court order: I have complied with this order, however HSBC have not sent me a witness statement. I've just rang the court, who have informed me that HSBC has paid the hearing fee, however they haven't received the witness statement either (however there is a 10 dayish backlog - so it may not be on the system yet) The court clerk advised me to email the court to request the claim be struck out Do i need to fill in a N244 form too or will an email request be all i need to do? -
Dear all I took 3 court actions against hsbc based on BCOBS unfair treatment and breach of data protection act as well as breach of contract The deadline of the witness statements was on 17th July which I (claimant) provided them within the deadline I received a letter on 19th July dated on 17th asking me by CPR 3.8 extension of this deadline I gathered some information on the internet and this website and responded to them the following (as I did not want to be seen who is not co-operating but at the same time I don't want to allow them to get away with their mistake as thee is no valid reason given) "The claimant may wish to not oppose your request of extension however at the time that claimant received your request (19th July) the deadline had already expired. According to the claimant's interpretation of CPR; 3.8 (as you mentioned in your letter) might have not been effective in our current position unless the court were persuaded therefore any extension is a matter for the court at this stage" So they ignored this part of the letter and they provided their statements and last one I received yesterday, the court is on 31st July So far they have not filed any application to the court What do you recommend? Shall I provide these correspondence to the court? Regards
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I am a litigant in person and the Defendants Solicitors have served upon me three witness statements. Not a problem, but these were gained in a Criminal case brought against these individuals who were subsequently found guilty. I have several problems. Can a witness statement that was used in a Crimanal case (written on a "Statement of Witness form) be used against me in my civil claim ? All of them state 10 pages and the last page is missing. One of them has no signature at the end of the text ! ! ! (the note at the bottom of the form clearly states on every page that it "must be signed at the end of the written matter by the person making the statement")although they are signed at the top(but anybody can insert their own dialogue). Several of them have crossings out but are not initialled. Can anybody point me to a "Practice Direction" or a CPR Rule that I can look at. -
I have been asked to be a witness for FCA at the end of year or early 2015. Even though the prospect terrifies me, I still remember the distress I was caused. Has anyone else been a witness and can advise me please
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Please help me in preparing the witness statement for employment claim. I have hearing on next month and I have to submit witness statement on Tuesday. where to put facts and where to put opinions. what are the tricks and strategies. -
Hi Everyone, I am suspended awaiting a discipline hearing. My employer said that when I am given a hearing date I cannot resign, but that they would consider it. I asked them to explain and give me details of my contract or the relevant law that they are relying on, they didn't reply. Does anyone know the answer, my opinion is they are talking rubbish, if I hand in my notice, what are they going to do? say " sorry you can't resign, we won't accept it" can't believe they even think they can do it. In that case I could say, I don't accept you sacking me, but I might consider it. Surely resignation is not a two way thing. Look forward to your opinions.
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I am a litigant in person and a defendant in a civil claim in the high court. The judgment went against me based on a witness statement of Mrs X in support of the Claimant. Mrs X was not present at court and her witness statement was only made available to me 30 minutes before the hearing on February 3rd. During the hearing, the solicitor of the Claimant informed the court that he had made contact with the witness. Following enquiries at the address supplied and at the place of work stated in her witness statement, Mrs X is not known at either. A check on the voters register revealed no such person. I've written to the solicitors and questioned them about this new development and they've failed to respond. My obvious and only conclusion is that Mrs X does not exist and the witness statement of Mrs X was indeed made up. Should this matter be reported to the police or to the court? And if reported to the court what is the likely process involved? I Thank you
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Hi all, My tenant has made a claim against me for harassment a few weeks ago. As a defence to his claim, I made a counterclaim providing a witness statement but the tenant is now asking the court to consider my witness statement as invalid since my signature on this last is not the same than on the tenancy agreement signed. Many thanks, -
Hello fellow caggers, A rather simple question that I can't find any answer on and therefore asking here. Where do I address incorrect statements (aka lies) the respondent made on their ET3 and Further Particulars? And whom do I question/cross-examine regarding these statements? It is not really specified who said this and that, it's all very anonymous "Respondent". Do I address these incorrect statements in my witness statement? And if so, in what context? Do I incorporate the repondent response on ET3 into my witness statement? Or leave it for the submission? All help is appreciated. -
Just need a little bit of advice really, i have a disciplinary meeting soon for 'high sickness absence' My employer has a strange sickness policy, it is a rolling year sickness that has no set start date?!?! So they pick and choose presumably what date my sickness started for that year. I always thought it was january to december then i thought they changed it to april to april and now it seems its a random rolling year. So firstly, has anyone heard or had experience with this type of sickness? I have been employed for 5 years with this employer and probably taking 10 days sick per year roughly. (8 days allowed). Up until this year ie..2013 in total i have been off about 27 days and at any 1 time 2 weeks. Now, on 2 or 3 occasions i have doctors notes which 2 are physical injuries preventing me from coming to work and the other is work related stress with 4 days in between with other common sickness. So i have been unlucky this year. 1 of my colleagues was off with stress for 6 months but they did not give him any formal disciplinary. Also another colleague was off for around 1 or 2 months without any disciplinary. But i have 27 days and i have a disciplinary. So my question really is, can they take into account the days i have doctors notes? i have NOT had any written warning about it. Only a meeting with one of the managers who said i had taken 9 days in the last 2 months. He did not mention high levels of absence or anything before the last 2 months. The formal meeting i have, they are taking into account from dec12 to nov13 which is 27 days. I am very confused and stressed to the point i cannot even work anymore.
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Hi I'm just looking for some advice, I had a guy from Marston turn up this morning, guessed it might be debt collector as going through a bad time at the moment (unemployed) so did not answer. However he pushed a 'Removal Notice' through the door, on which stated that despite previous visits and notices the matter had not been settled. 1, I have had no early visits or note saying they had been to the house. 2, I am sure I have had no correspondents from them ( may have binned one ?) 3, I thought a warrant had to be issued. There is a Parking Fine to Andover Council from last year, however I do not own the car (my son) but is in my name. I've just a old letter from them.(son should have paid). ? can I pay the council £75 or Marston who want £339.04 and probably rising. any advice welcome -
I need help.... The other month I was driving around a roundabout in Essex and went past 2 police officers on motorbikes. I was followed by one officer and he pulled me over and the officer said I was on the mobile phone. I explained that the van has hands free kit fitted as standard by mecsedes (2012 Mercedes vito). the officer still charged me with the offence by the road side, I said I wanted to go to court to defend that I was not holding the phone. as a mobile engineer I spend a lot of time driving from site to site contacting customers and the office, and was chatting hands free at the time of being stopped. after a few week the police witness statement was sent to my address, and the statement says that both officers was about 15 meters from the road side. they said the both was able to view me drive by for about 2 seconds and had a clear view. but one officer says he saw me with my right arm holding the phone to my left ear!!!!. the other officer says he saw me hold the phone with my right arm to my right ear. I have been back to the site where the police officers was parked up and measured the distance from the road and if they was 15 meters from the road would have been set back behind a gate and a mud bank. their view would have been of a side view as passed them. they would not have seen a clear view up the road. I have checked the tracker on the van and shows that I travelled from stationery start and covered 200 meters and the average speed was 28mph . I would say that I must have passed the officers at over 30mph. I have to attend court at the end of this month and both officers are to attend and give evidence of what they both see. CAN the officer change his statement in court after he has signed his first statement saying he saw something different to his colleague. a minor note: when the officer at the side of the road said he sew me on the phone I said I wasn't and when I said the van had hands free the officer had a 2 second pause for thought before saying "your still getting done for it"
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I am due to start my hearing, in a few days. I was assaulted by my employers and have had months of intimidation and have found out my witnesses are being threatened too. The police are investigating. I think I now have definitive proof of ex employer's lies, plus proof of extreme criminal intimidation. My question is... do I tell the ET this now? Do I wait until I'm in Court next week? And also, what is likely to happen? What penalties can my ex employer face? Also, last night, I was phoned by their solicitor, saying, basically, if I continued, not only would I have to pay costs, but they'll get to see all my medical records. I actually felt like that was another threat. In what circumstances can they have complete access to medical records? (This is separate post from a previous question I asked months ago and would like it kept separate please.) -
The respondent in my Employment Tribunal claim has not called a key witness or submitted a statement from him because they are no longer employed by the company and are hostile. The witness could confirm a blatant lie and fabricated story from another witness statement in which he is mentioned and would prove perjury. When and how do I request a witness order from the Tribunal. Do I leave it until the hearing starts? Do I bring up the possibility of perjury with the Tribunal?
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In an upcoming ET hearing for dismissal for alleged GM, I have a witness who is now a former employee of the company but has relevant evidence regarding my case. He would effectively be an absent witness but is willing to give a statement to back up my claims. My question is, does his statement go into the bundle or is this left to another stage?
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Hi, there are plenty of threads on this (excellent) forum which highlight many of the ways that respondents will attempt to restrict evidence (against them) in the bundle being brought before the Tribunal panel. Can respondents also control/restrict what goes into the claimant's witness statement as well or is the content of the claimant's witness statement 'off-limits' to interference from the respondent?
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Should children witness childbirth? Due to a power outage, only one paramedic responded to the call. The house was very dark so the paramedic asked Kathleen, a 3-yr. old girl to hold a torch high over her mummy so he could see while he helped deliver the baby. Very diligently, Kathleen did as she was asked. Heidi pushed and pushed and after a little while, Connor was born. The paramedic lifted him by his little feet and spanked him on his bottom. Connor began to cry. The paramedic then thanked Kathleen for her help and asked the wide-eyed 3-yr. old what she thought about what she had just witnessed. Kathleen quickly responded, "He shouldn't have crawled in there in the first place.... smack his arse again!" If you don't laugh at this one there is no hope for you
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Good Morning, My court hearing is on the 22nd October, I have posted before re my situation, however i need to put a witness statement to the court by next Monday. Can anyone please help me.,
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Hi, I am (unfortunately) having to go to through an employment tribunal process against my present employer. I had an initial case management discussion meeting (CMD) a few months ago. At that meeting my employer's legal representative stated that my employer intended to call several witnesses. The names of these witnesses were not listed in the CMD agenda - even though I had openly listed the names and number of my potential witnesses - and I had expected the employer's side to do the same thing for the CMD meeting. My employer's legal representative stated at the CMD that they (the employer's legal rep) didn't know the names of witnesses, just the number to be called. I have since emailed my employer's internal Legal section several times requesting a list of witnesses names. My employer's Legal section has not even acknowledged receipt of my email requests let alone supply me with the list of names. This refusal to name their witnesses has the potential to weaken my case. Indeed one or two employees which I have sounded out as potential witnesses on my side have instead bailed out (which is unfortunately somewhat understandable in these days of job cuts) explaining that they were doing so because they might actually be called as witnesses on behalf of my employer (which is a lot less easier to forgive I must say!). I'm not interested in recriminations against any of my co-workers who may actually stand as a witness for the employer (I really don't have the enery left for it apart from anything else). However I do feel that I should be entitled to know who may have been 'bagged' for the other side! Does anyone know if I do have a right to know who these employer-side witnesses are and if so, can I make my employer disclose this list of witnesses asap? Any advice would be most welcome.
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