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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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hi,i am the defendant in a civil litigation case over the sale

Resolved Question:

hi,i am the defendant in a civil litigation case over the sale of a motor car,i am representing myself but have no legal training,the other party,the claimant is asking for an exchange of witness statement by 4.30 today,what is this witness statement?,is it just my side of the story?,i am not relying on any other witness,s only our joint expert.should this statement be breif as possible or long and factual?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

i am a car dealer,i sold a car that was clear on hpi of finance or previous accident damage,the customer instructed the aa to inspect the car on his behalf before his purchase,after 8 months use by the claimant he took it to bmw where he spent £5000 on it,i was not made aware of any problems nor had i heard from the customer in that 8 months.


6 months after he had paid the bill i had a solicitors letter to reject the car,this in total is 14 months after the sale date and was my first contact from the customer or his solicitor demanding the refund of the purchase price and the money for the work done by the bmw garage,which was done without my knowledge or consent.


the car has since turned out to have been damaged in the past and has been placed on the hpi register as a write off backdated for six years.


i have offered a refund for the car subject to the use he has had out of it,but not to pay his bmw bill as the car should have been brouht back to me.


the car has since caught fire and he is unable to return it


he has full insurance but has not claimed for it.


today i am required to exhange witness statements but i am unfamiliar with what this entails,and i shall not be bringing any witness to court.


i am representing myself due to a shortage of funds


the other partys legal fees are in excess of £20,000 so far


the car was sold for 14,600


 

Expert:  Jo C. replied 3 years ago.
Thanks.

Yes, that is just your side of the story from beginning to end.

Put the court and case number ***** the top right hand side. In the centre of the page, as a heading, put the names of the parties.

Double space the whole document and number each paragraph. Each paragraph should have no more than two sentences.

At the end it should have a statement of truth headed "”Statement of Truth”, which should say "the Defendant believes that the contents of this witness statement are true."

It should be signed and dated.

Make sure that the story in the witness statement follows in a coherent manner from beginning to end.

Can I clarify anything for you?
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

thanks,the other partys solicitor is asking for bank statements showing my purchase of the vehicle


i paid in cash and it is not shown on my bank statement


i have informed them of this


they are now demanding that i provide a copy of my bank statement where i lodged their clients funds and a further to statement after that,they say these are disclosable documents that i must provide?


there is no question over my ownership of the goods sold or whether i was paid for them


do i have to give them my bank statements?

Customer: replied 3 years ago.

hanks,the other partys solicitor is asking for bank statements showing my purchase of the vehicle


i paid in cash and it is not shown on my bank statement


 


i have informed them of this


 


they are now demanding that i provide a copy of my bank statement where i lodged their clients funds and a further to statement after that,they say these are disclosable documents that i must provide?


 


there is no question over my ownership of the goods sold or whether i was paid for them


 


do i have to give them my bank statements?

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