estoppel

[The Mould]

In my witness statement I forget to mention something can I alter it ?

 

 

See below also as regardsalterations to WS

32PD.22 - Practice Direction 32

Alterations to Witness Statements

22.1 Any alteration to a witnessstatement must be initialled by the person making the statement or by theauthorised person where appropriate

22.2 A witness statement whichcontains an alteration that has not been initialled may be used in evidenceonly with the permission of the court.

Kind regards

The Mould

[raydetinu]

Not worth changing, just bring up during cross examination; will be asked by council if there is anything to add!

[tiger7861]

ok thnxs but the burden of proof lies with the defence i guess

[The Mould]

ok thnxs but the burden of proof lies with the defence i guess

 

Are you the Claimant or Defendant? During the course of trial, the burden of proof can change and fall upon either the Claimant or Defendant.

 

What did you want to alter in your WS?

 

Kind regards

 

The Mould

[raydetinu]

Just stop worrying and discuss any points with your council.

however if you can post up the their claim/statement we may be able to comment further? ( redact any personal stuff though )

[tiger7861]

There claim statement

Main points

1. I was of course grateful for the gift of the property in question however the interior of the property was not in the best condition, it was clear that we would have to carry out renovations and redecorate the property. To fund these renovations my ex husband and I used our savings and money we had both earned form our respective jobs I borrowed 5000 from my father.

The improvements

A. Master bedroom. Repainted new bedroom furniture carpets lights and soft furnishings.

B. back room .Repainted new bedroom furniture carpets lights and soft furnishings.

C.box room .Repainted new bedroom furniture carpets lights and soft furnishings.

D. Bathroom fully renovated inc flooring. Tiles. New bath. Sink and toilet

E.kitchen basic cupboard and kitchen fitted new cooker hob and boiler

F. Storage space in loft.

G. Porch in the front .

2. I wish to stress to the court these renovations where extensive and where conducted over 11 Years.

I was able to contribute financially to these works as shown in the evidence .

3. Given the fact i trusted my ex and his family relied on numerous assurances that the claimants gave me that the property was

My home I am saddened that the claimants wish to take back there property.

[tiger7861]

My stand is I let you live there under the condition you applied for council property and renew it every year which they did

Any work you carried out was under your own taking I did not suggest or encourage these works the house when given was liveable but they chose to up date for there own comfort as they new waiting list was for 7 yearss. She is saying the only reason we carried the works was because you promised us the house but she apart from claiming that her dad sent her 5000 my son paid for everything all In all over 11 years 10k was spent on renovations etcc

[honeybee13]

Hello there.

 

I'm not a forum expert and you would need others to comment, but my thought is that soft furnishings can be removed and reused, so I wonder if they are strictly an expense.

 

HB

[tiger7861]

in my witness statement i have written "i was unware of any improvements to the property by my son and he did not tell me"

when they moved in 2003 i was aware they had made some improvements what i wanted to day in my statement was i was not consulted about these improvements any ideas how i can explain this at court?

[The Mould]

There claim statement

Main points

1. I was of course grateful for the gift of the property in question however the interior of the property was not in the best condition, it was clear that we would have to carry out renovations and redecorate the property. To fund these renovations my ex husband and I used our savings and money we had both earned form our respective jobs I borrowed 5000 from my father.

The improvements

A. Master bedroom. Repainted new bedroom furniture carpets lights and soft furnishings.

B. back room .Repainted new bedroom furniture carpets lights and soft furnishings.

C.box room .Repainted new bedroom furniture carpets lights and soft furnishings.

D. Bathroom fully renovated inc flooring. Tiles. New bath. Sink and toilet

E.kitchen basic cupboard and kitchen fitted new cooker hob and boiler

F. Storage space in loft.

G. Porch in the front .

2. I wish to stress to the court these renovations where extensive and where conducted over 11 Years.

I was able to contribute financially to these works as shown in the evidence .

3. Given the fact i trusted my ex and his family relied on numerous assurances that the claimants gave me that the property was

My home I am saddened that the claimants wish to take back there property.

 

 

Property was their "home" until local housing authority provided them with suitable accommodation, it was not given as a gift as alleged or at all.

 

There has been no gift of the property and the improvements undertaken by the Claimant were of his own accord and no agreement was entered into by me with him in respect of the same. (answer to your post#184 above)

 

Kind regards

 

The Mould

Edited December 4, 2013 by The Mould
mis-spelling

[tiger7861]

Just had a call from the court the

Case has been set for another date jude is sick what abt my barrister he was booked for day and a half

[The Mould]

Just had a call from the court the

Case has been set for another date jude is sick what abt my barrister he was booked for day and a half

 

You cannot be held accountable for any wasted costs that your counsel may claim, because the matter being adjourned and set for another date is not your fault.

 

Kind regards

 

The Mould

[tiger7861]

You cannot be held accountable for any wasted costs that your counsel may claim, because the matter being adjourned and set for another date is not your fault.

 

Kind regards

 

The Mould

 

Ok thnxs wht abt if he tries

[mjt2013]

That may well depend on the terms of your agreement with your barrister. Did you get any terms and conditions when you instructed him?

 

You should definitely let the barrister know ASAP because even if you could be liable for the costs if he can pick up another case on the same day he may waive the fee, if one is even due at all.

[tiger7861]

The solic instructed him

[mjt2013]

Oh sorry, I thought he was direct access. My mistake.

[tiger7861]

The barrister has said that the opp caze is very weak

[raydetinu]

it sure is I am in no doubt you will win. BUT!!! judges can be fickle. Council should quote all the case references and there should be no problem.

[The Mould]

As advised, your instructed Sols must make Counsel aware of the adjournment/vacated hearing ASAP.

 

Kind regards

 

The Mould

[tiger7861]

They have

[tiger7861]

After reviews case can barristers tell what will happen?

In 2003 I with Drew 3000 cash to spend on my house which later they moved into she has claimed that she spent the money but she has not proved anything no bank statement

I paid cash for the kitchen and bedroom but I have no recipet she has the receipts but I paid for them? Any advise

[raydetinu]

If you have the bank statement showing the withdrawal that may be enough to back up your claim.

Is this in your court statement?

[tiger7861]

If you have the bank statement showing the withdrawal that may be enough to back up your claim.

Is this in your court statement?

No as I have said I had completed all works b4 they moved in but barrister says he can explain that at court but he says who ever paid for it after 10 years they have got full use of it

The kitchen was 1200, bedrooms combined 1600

[The Mould]

After reviews case can barristers tell what will happen?

In 2003 I with Drew 3000 cash to spend on my house which later they moved into she has claimed that she spent the money but she has not proved anything no bank statement

I paid cash for the kitchen and bedroom but I have no recipet she has the receipts but I paid for them? Any advise

 

Barristers cannot predict the future. The circumstances of this case, as accepted, will decide the outcome thereof.

 

 

Kind regards

 

The Mould

[Crapstone]

Forgive me if I'm wrong or if this has already been mentioned but how can the Daughter-in-Law claim that she has a right to the house but still has/had her name on a housing list in all that time? Would that not be a false application if she really believed the house had been gifted? AFAIK you have to declare any properties and it would be fraudulent in not doing so.

 

Tiger. You say they have been living there rent free so I assume you have had no gain at all? No allowances or benefits? Not acting as a Landlord?

 

All she can claim for is anything you agreed to and will have benefit from in regards to the house. If your son is prepared to support you then I can't see how she would have any claim to the house. I think there is more to this than is being said and courts have a way of discovering.

Edited December 11, 2013 by Crapstone