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Hello Grace my name is ***** ***** I will help you with this.
Who is named as the Claimant please?
The claimants are Grace Nicol and Daniel Eason. Daniel's mother helped collate the case for us and we gave her permission to sign as a litigation friend, we understand now as we are not minors and are sound of body and mind she shouldn't have done that for us. The judge has ordered we make a written submission to the court. What exactly is a written submission? In what form do we write it and does it have to be witnessed as in an affidavit?
Indeed. A written submission is in effect a number of points you want to make to a Judge.
It can be in the form of a witness statement
In short though you should ask the Judge that you are allowed to resubmit the particulars signed by you.
Indeed if there is going to be a hearing take a copy of signed particulars with ylu
That would be best.
The Judge can then accept these signed particulars.
Can I clarify anything for you about this today please?
Can a witness statement be written as a letter? Does or Daniels signature at the bottom have to be witnessed by a third party?
Well whoever is making the claim needs to sign the statement
And no, that signature does not need to be witnessed
We do not have a date for court yet. The case is going through the ccmcc centre in Salford. Local courts don't deal with it until a court date is issued by ccmcc.
Shall I send a copy to the defendant as well.
Yes I am aware.
In that case don't worry until there is a CMC
But I would send a copy of the properly signed claim forms to the other side.
When I return the amended N1 form with our signatures on it, do I have to send all our evidence again, or just the summary of the case written on the N1 form. Our evidence is over 100 A4 pages.
No, just the correctly signed claim form.
That is it
Does that help?
The letter says please submit all documents with the fee. I have to pay £50 to ccmcc. When they say all forms do they mean the amended in red N1 form and the N244 form with an explanation of the changes we have made?
If you have already sent the evidence you dont need to do that again
That is it.
All you need to do is send in your correctly signed claim
You do not need to duplicate the evidence.
Does that clarify?
May I ask you. Shall I send a copy of amended N1 form to the defendants as well? There are 2 defendants. 1 and 2. The other is the landlord. def. 1. She has already got her solicitor to file their defence papers which we have now got. On that note, I am concerned as my mother-in-law signed for us as I said before. Their solicitor has not bought that fact up with the court or us. Do you think they are saving it till we get to court to get it thrown out on a technicality? The 2 defendants will appear at the same hearing, same case. We have bought them jointly to court. I could send an amended N1 signed by us to replace the original one. What do you think?
Yes make sure you send a copy of the amended N1
The pleadings are just defective that is all. The Court can allow you to rely on the newly signed one.
But send this to all parties including the Court now, so there is no confusion or delay
The defendants only need a N1 form each, is that right? and the ccmcc need the cheque N1 and N244 form. Is that correct? I am in a panic as you may have gathered
So one N1 for each Defendant and a copy to the Court.
Does that help you?
Plus the written submission to the court requested by them on a N24 form?
Correct on form N244
Sorry Alex. The ''written submission'' request or order by District Judge Haddleton to send as an explanation as why my mother in law signed the original N1 form. Can that be done on the N244 form or do I have to send a separate letter as well?
What is the legal way of putting the N1 form enclosed cancels out, takes over from the others, or supercedes it. What is the correct terminology
You have been very helpful. I will keep you open until I have completed the forms in case I get stuck.