As for the sar have you moved since you took this out?

You dont await your own n180 from the court

Sorry I'm not sure what this means. Can you explain please?

No, I haven't moved. I'm living at the same address. They asked for a driving license, passport or utility bill.

Well if you wish send them

But use gdpr now yes

You have an n180 from lowells

You await your own one to fill in that the court should be se nding youn

And read like threads please get upto speed...

Hi there so an update on the case

. I'm getting pretty anxious about this now.

Looks like they're going to proceed.

I'm not sure of what I need to do to submit documents as evidence.

I investigated on vodafone's files.

They failed the SAR and didn't give me any information during the time frame.

I phoned up and asked them what the bills were for and they couldn't find the details on the system. They know that there is a balance outstanding that has been passed onto to Lowell but most of that is a culmination of unpaid months where I didn't use the service at all since it should have been properly cancelled by them.I

But before that there is a hefty bill of £90 odd pounds from August.

I asked them what that was and they couldn't find out.

Looking at my bank statements,

I'm all paid up for July and the money went out successfully.

But somehow that bill was £90 something pounds.

The man on the phone also told me that there was a credit to my account of £60 and the bill was made £30 for the month but the following month it went up to £130 for some reason.

He couldn't explain why but he told me I could go in the shop and I could print out the statements so I did.

When I went to the Vodafone shop they looked on the system and I could see I made a phone call to vodafone lasting 40 minutes at the end of August. Obviously me being incredulous at the cost of bill and cancelling. After that my account remains unused.

The most interesting thing is that looking at the system you can see all the statements up to July and after August starting in September. The month of August has been totally removed from the system. There literally is no record of it, I saw it on the screen myself and even the staff there had no clue why that was the case.

With this information how can I proceed

. I am happy to pay for what I used but I absolutely do not want to pay for some stupid admin error on their part.

Help?

Can you tell us what has gone on please since MAY when you were asking about your N180???

Doesnt matter what you/voda know..the claimant must prove their claim..stop doing their job for them!!!

The case has been assigned to the Court I chose and they have sent me and the court their evidence and witness statement.

I read false information online I took for regulation as the deadline for evidence to be submitted 14 days before the hearing.

I overlooked there was a deadline for 19th of september.

My critical error.

I've been extremely busy for personal reasons around this time and they sent me their statement 5 days before the deadline.

I rang up the Court and they suggested it will be up to the Judge whether he will consider my evidence but it may carry less weight.

I'm in the middle of frantically drawing it all up now.

Well we cant possibly help you nor remind you of dates if you keep leaving us out the loop...

Bet youve texted someone in that time..so a quick post here is no diff..

Scan up their ws please to one multipage pdf

You are LiP so are given certain leeway

I don't the capacity to make a PDF document right now but here are the pages as JPEG.

claimant_ws_.pdf

What is the required structure I need to make of my witness statement? I assume it differs somehow from the Claimant side.

https://www.consumeractiongroup.co.uk/forum/showthread.php?472113-Lowell-lowell-Solicitors-claim-form-old-Vodafone-mobile-debt

https://www.consumeractiongroup.co.uk/forum/showthread.php?473209-Lowell-BW-legal-claimform-old-o2-mobile-debt/page2

https://www.consumeractiongroup.co.uk/forum/showthread.php?471912-Lowell-claim-form-old-o2-debt-***Claim-Discontinued***/page2

Okay I've drafted up a witness statement now let me know what you think. I'm sending it off now anyway but it would be important to get any feedback for the hearing.

Just noticed a critical typo after submitting to this forum, at the order sought part at the bottom I've mistakenly put claimant when I meant to type defence. It's amended now.

Witness statement.doc

Order Sought

28. The Defence avers that the Claimant’s claim is in contravention of Civil Procedure Rule 16.5(4) and 31.14 and the Law of Property Act 1925 Section 136 and 196(4) and requests that the Claim be stuck out pursuant to CPR 3.4(2)c and respectfully invites the court to award Judgement in favour of the Claimant.

Are you sure ?

Yes I saw that mistake immediately upon the first read back. It is of course fixed now. How is everything aside from that?

There is no set content...its your words in response the claimants statement and in support of your defence. As long as you have responded to their points and stated your points of defence then that is all there is to advise.

Update on the claim.

Today was the day for the hearing, it was scheduled for 12pm.

I went into the court and approached the usher to sign in, but he couldn't find my name on his papers and told me to go to the office downstairs.

I spoke to a clerk downstairs who looked at my papers and claim number, she looked it up on the system and turns out they cancelled the claim yesterday.

So I guess I kind of won. I really wish it went to court though. Do they lose out on court fees since it was so close cancelling?

So very late to discontinue.......not kind of won you have won...well done infused. You should receive a Notice of Discontinuance...if they dont send you one ask the court for a copy.

Thread title updated to reflect the outcome.

Regards

Andy

Thanks for the support. The forums gave me much needed reassurance and guidance. I will make a donation today.