Claim Form received- AK on MBNA debt - Advice please

[AndyOrch]

Its suppose to be a Witness Statement not a defence.

[Ironroadman]

It says on the Notice of Allocation, "Each party shall deliver to every other party and to the court office, copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 28 days before the hearing". So I don't need all this then? or should I just alter it as a witness statement? Do I need to submit an amended defence?

IRM

[AndyOrch]

It does not read like a Witness Statement...that's my point it reads like a defence.You dont need to submit an amended defence....unless the court orders you to.

 

Within the Notice of Allocation does it request you prepare a Witness Statement ?

[Ironroadman]

No just says deliver copies of all documents to other party and court (including any expert's report)

[AndyOrch]

Okay well I would still prepare a WS irrespective as it sounds as though you wish to expand in detail to your initial defence.

Take a look around at examples of WS form/ content / and inclusions.

 

Regards

 

Andy

[Ironroadman]

OK thanks Andy. So should I send a witness statement in anyway as tomorrow is the deadline?

[AndyOrch]

If its pre 28 then yes... I would if your initial defence fails to plead in detail. Remeber with WS,s do not include case law..refer to them and attach ....try not to use legalese ...your own words.

 

Header Claimant v Defendant case number xxxxxxx court xxxxxxx and finish with a statement of truth and date it.

[Ironroadman]

OK many thanks

[Ironroadman]

I have sent in my witness statement. Do you think I should apply to submit an amended Defence, as obviiously now my original Defence does not cover the documents that are now the important issue?

IRM

[AndyOrch]

But your Witness Statement does (hopefully)...to amend a defence you need the permission of the court and the claimant and the fee for the application is £155.00.

 

Andy

[Ironroadman]

Just thought I'd let you know what happened at the hearing:

 

- The Judge was totally and utterly bias, and offered no help whatsoever.

 

The claimants sent a barrister who spoke to me before the hearing and obviously thought I had a case, and was hedging her bets.

 

However the Judge obviously had made his mind up before hand.

 

A hearing listed for 2 Hours lasted all of 10 minutes,

I don't think he had even read my witness statement,

 

his take was,

I hear these cases every day,

you had the money,

they have produced the agreement, thats it!

 

I said,"yes but the agreement is illegible, and does not contain the prescribed terms"

 

he just said, "I have made my decision" and find in favour of the Claimant.

 

I could tell their barrister was embarrassed at the Judges bias,

and he then proceeded to increase the costs that she applied for,

even though she had asked for less, and added costs that she hadn't even asked for.

 

He reminded me of Roland Freisler!

 

It was a complete farce to be honest,

and just confirms my thoughts that there is no justice for the poor average person.

 

It seems that to obtain any kind of justice these days costs a lot of money.

 

I would love to appeal his decision but I imagine the cost would again be prohibitive.

 

Thank you for all your help,

keep up the good work.

 

 

 

Ironroadman

[AndyOrch]

Sorry to hear this IRM a case of the DJ lottery.

 

He obviously wanted it in and out and dealt with....probably had a bridge game to get to.Never heard of a Judge increasing the claimants costs..on what grounds?

 

Regards

 

Andy

[DonkeyB]

If the judge has made an error of law, or has blatantly ignored important evidence, that is a solid ground for appeal, but you really would need to order a transcript of the case. Mind you, given the brevity, that won’t cost much...

[vjohn82]

Gotta keep fighting! The court system is a money making [problem] my friend. I helped someone else out a loooooong time ago with an illegible agreement. It can be won but you need to dig in.