NFS Screeding Ltd, Company Registration No. 8945777 (Need for Screed) - **Judgment debt paid**

[Andyorch]

Get it transferred back to Hertford by informing the county court.

[MrPengu1n]

The registered business address of NFS is that of their accountant, which is about 4 miles from me.

 

The owner of NFS lives in Cheshire at weekends, but runs their business locally and resides in a town about 6 miles from me.

 

(obtained this detail from speaking with the owner of NFS prior to the job and also form speaking to local trades people subsequently).

 

I'm not sure if I'm bothered by the change or not, but it seemed odd as the company address and my address are both in Hertfordshire, where as the Luton County Court is in Bedfordshire.

[Andyorch]

Could be a court error worth a phone call to find out.

[MrPengu1n]

Update: I called the County Court Centre to ask for an confirmation regards the transfer and an approx time frame to when I may be hearing anything.  I spoke to a very friendly and helpful person who advised that it had been transferred due to my location and the jurisdiction of the court - in fact it turns out that the Luton court is nearer than the Hertford court and has jurisdiction for North Hertfordshire.  

The transfer and allocations were taking about 25 days I was advised, so I should be getting something from the court in the next 4 weeks to advise.  Hearings were taking about 10 weeks from there.  If I don't hear anything by end of June then I'll call back for another update.

They really were very helpful and friendly, I'm glad I called

[MrPengu1n]

Update:  Today I received the much awaited N157 Notice of Allocation to the Small Claims Track (hearing).

The location/date/time is all provided.

The information received advised that the court believes the the case is suitable for mediation.  I don't think it is.  I'm assuming there is no obligation to engage in mediation and it won't prejudice the claim in anyway?

I have the date by which I must now pay the court fee and also a date by which I must serve to the defendant and the court a copy of all papers I intend to reply on in court.

My intention is to complete my witness statement, including reference to and a copy of the report that I had commissioned, along with pictures taken of the before and after (which back up my claims).  Is there anything else I need to consider providing?

Can I share my witness statement here for review?

[Andyorch]

On 16/06/2023 at 12:20, MrPengu1n said:

Update:  Today I received the much awaited N157 Notice of Allocation to the Small Claims Track (hearing).

The location/date/time is all provided.

The information received advised that the court believes the the case is suitable for mediation.  I don't think it is.  I'm assuming there is no obligation to engage in mediation and it won't prejudice the claim in anyway? If you didn't opt for mediation on the DQ then no if you did then there is nothing lost participating you don't have to give an inch and stand firm but it may allow for the claim to be settled in full there and then without the need of the claim progressing to allocation (saving you on the hearing fee)

I have the date by which I must now pay the court fee and also a date by which I must serve to the defendant and the court a copy of all papers I intend to reply on in court.

My intention is to complete my witness statement, including reference to and a copy of the report that I had commissioned, along with pictures taken of the before and after (which back up my claims).  Is there anything else I need to consider providing? Lets wait until we see your draft

Can I share my witness statement here for review? Absolutely if you wish t to be checked  but upload it as a PDF not text to topic.

 

 

 

.

[MrPengu1n]

Thanks.

I didn't opt for mediation during the DQ but I've contacted the mediation team and advised I am willing to participate in mediation.  Like you say, there is nothing lost and it could mean an early settlement (my feeling is it would be unlikely but if there is a chance its worth the effort).

The mediation service is carried out by telephone which makes it even more convenient.  I've tried to look up how the session would run.

I'm conscious that to date,

NFS has made at least one untrue assertion/statement and I am expecting additional untrue comments from their 'witness'.  To that end I believe my witness statement should go towards proving any untrue statements (although on balance it would be my word against theirs to a point)

- to guard against disclosing anything in advance of NFS receiving a copy of my statement and evidence, would it be best not to divulge too much during any mediation (that is assuming that NFS also opt to take part). 

What I mean is, I don't want to give them a chance to think of a way to try and lie around other facts and include in their statements.

[Andyorch]

Play your cards close to your chest...like a game of poker.

[MrPengu1n]

I had a confirmation from the court about my acknowledgement to participate in arbitration but nothing after that and so I'm assuming NFS aren't interested.

I've tried to leave posting my draft statement as late as I dare due to the fact I am working on the basis this being a public forum NFS will be viewing it and I don't to give them too much of a heads up on my statement   That said I have nothing to hide!

The statement is due to be delivered to NFS and the court by Wednesday 12th July.  I'll be sending it registered post on the Tuesday to both and also emailing a copy to NFS on 12th.  

Would greatly appreciate any feedback and suggestions for changes/edits/corrections/inclusions etc by end of day Monday 10th so I can apply  

I'll post the appendix files (A-L) in a separate post also

Draft Witness Sttement.pdf

[MrPengu1n]

In case anyone has any comments, feedback and suggestions for changes/edits/corrections/inclusions etc, I would greatly appreciate them today so I can apply.

I think I've covered all the bases though.

 

Can I use the statement '... making NFS Screeding an unreliable witness' - in my statement, in summary of contradictory statements made by NFS?

Edited July 10, 2023 by MrPengu1n

[BankFodder]

Yes it seems fine which is why I gave it a like on Friday

[Andyorch]

Updated Statement of truth required.

 

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

[MrPengu1n]

So I replace 45 with this statement above instead?

[Andyorch]

Yes

[MrPengu1n]

Thank you, done  

[Andyorch]

Don't forget to attach any exhibits that you have referred to or wish to rely on.

[MrPengu1n]

 15 appendix pdf's removed - dx

 

 

 

 

[Andyorch]

To your witness statement 

[MrPengu1n]

All Appx A - M posted above.  Redacted where necessary.

Draft Statement v2 attached hereDraft Witness Statementv2 RDT.pdf

[Andyorch]

[dx100uk]

cor dear be here allday downloading that lot....single page by single page files...

[MrPengu1n]

WS+Exhibits

Claimants WS+Exhibits .pdf

[dx100uk]

thread tidied full pdf above

[MrPengu1n]

Statement plus exhibit packs sent of today for the court and NFS (guaranteed delivery next day).

Plan is to email a copy to NFS tomorrow also.

[MrPengu1n]

Just about to email the statement and exhibit pack to NFS and then a thought crossed, my mind regards the expected statement from NFS:

1) what if they don't send it to me (I've not idea if they may still however send it to the court)?

2) they do send it to me but its received after today (i.e. less than 2 weeks before the court date)?

What kind of impact does this have to the case and hearing?

Also, if I know that the copy is delivered to their registered business address, is it ok not to send them a copy via email?