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Fraser Diggory

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About Fraser Diggory

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  1. She has still had nothing from the court in the way of Notice of Judgement. She's got this letter from Lowell Solicitors giving her a month to reply from the 13th of Feb. What should we do, contact Lowell or wait for the court notice? What happens if we don't hear from the court before 13th of March?
  2. Ok will do. the court said they have a backlog to send out, we'll wait and see what arrives.
  3. Right we got a letter from Lowell Solicitors this morning telling us that they won the case and got a judgement of £683.27 against my partner. We haven't heard from the court but I got her to ring them today and they confirmed that a CCJ was entered against her for that figure. I am amazed the just didn't take the termination fees into account at all it seems and just awarded the whole lot to Lowell Portfolio 1 Ltd. I suppose it would have been better if she attended but she is disabled and hasn't left the house for more than 7 years. Oh well. What do we do now? Any suggestions would be welcome.
  4. Thanks for that, I will send it out a bit nearer the time. In the meantime, I am sending out the Defendant's Witness Statement today. I have scanned and made two copies of all the documents mentioned in the Witness Statement one for the court and one for the Claimant. I am just wondering if I need to send originals to the Court rather than scans?
  5. Ok I'll send that off. Can you draft me the note to accompany it regarding her not attending?
  6. Do I need to alter the above Witness Statement or is it ok to send as it is? Thanks for your help.
  7. The document that Lowells has provided of the notice of allocation from T-Mobile is not on headed paper and seem to be printouts. Do they count as copies of the original?
  8. In The ######### county court Claim Number########### BETWEEN Lowells Portfolio 1 Ltd Claimant AND ############## Defendant ############# WITNESS STATEMENT OF ############# I ####### begin the Defendant in the case as follows. I make this Witness Statement in support of my defence in the claim \numbered above 1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debts at a much-reduced cost to the amount claimed and which original creditors have already wrote off as a capital loss and claimed against taxable income. 2. As an Assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts or otherwise acquires rights under credit agreements)it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information).The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 3. On or around the 11th of September 2017. I received a claim Number xxxxxxxxx from the County Court Business Centre Northampton, for the amount of £418.27 the claimant claim is for sum of £308.58 in respect of monies owing under an alleged agreement with T-Mobile UK Ltd the account reference number ############# . 4.Contained within the claimants particulars, the claimants pleads that the defendant has failed to make the required payments and the service was terminated. Exhibit GN 1 of the claimant’s Witness Statement contains two statements from T-Mobile. The first is dated 2nd December 2012 and contains a charge for “New charges this month outside plan” to the amount of £249.64. The second statement also dated 2nd December 2012 goes into more detail and includes the amount of £247.14 detailed as “Early Termination Penalty (VAT Exempt)” The sum claimed by the Claimant contains an early termination fee detailed in their own exhibit. OFCOM guidance states that any early termination is made up of the balance if the remaining contract is unlikely to be fair as it fails to take into account the fact the provider did no longer has to provide and pay for their service. 5.The particulars of the claim state that the agreement was assigned to the claimant Lowell Portfolio Ltd Ellington House,9 Savannah Way,Leeds,West Yorkshire,LS10 1AB.and that notice given to Defendant. The Claimant is put to strict proof to evidence the details of assignment. 6.On the 21st of September 2017 I sent a written request for documents listed under particulars of claim under CPR.31.14 Exhibit 1 7. On or after 4th of October 2017 I received from Lowell reply to my CPR.31.14 Copy of Assignment and 1 copy of documentation regarding the balance. Exhibit 3 8 The claimant plead it’s case as the Defendant entered into an agreement with T-Mobile under account reference ####### I am uncertain as which this account refers to. It is accepted that I have had dealings with T-Mobile in the past however I have no recollection the account number ###### the Claimant refers to. Therefore the claimant is put to strict proof to disclose this agreement/contract on which its claim relies upon and it is requested that the court compels the Claimant to disclosure pursuant to CPR 31.14 9.Until such time the Claimant can comply and disclose the agreement/contract or provide any evidence they refer to within the particulars of the claim,pursuant to CPR 31.14 it is respectfully request that the court dismiss the claim and any relief be denied. 10. In the event that the claimant can provide evidence in support of their claim their own Witness Statement provides evidence that the bulk of the original amount claimed is made up of Early Termination Fees which OFCOM have stated are unlikely to be fair and I would respectfully request they be removed from being included in this case. Statement of truth I ########## The Defendant believe the facts stated within this Witness Statement to be true.
  9. Right I will add some in about that and post it again. Also I've just noticed a couple of references to "Orange" got through from the original post instead of T- Mobile, which I will adjust accordingly. I'll post another one up tomorrow.
  10. Sorry for the delay, I've been in bed with flu since last week and only just back feeling human again. I've got a proposed witness statement for review if someone can look at it for me I would be very grateful. In The ######### county court Claim Number########### BETWEEN Lowells Portfolio 1 Ltd Claimant AND ############## Defendant ############# WITNESS STATEMENT OF ############# I ####### begin the Defendant in the case as follows. I make this Witness Statement in support of my defence in the claim \numbered above 1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debts at a much-reduced cost to the amount claimed and which original creditors have already wrote off as a capital loss and claimed against taxable income. 2. As an Assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts or otherwise acquires rights under credit agreements)it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information).The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 3. On or around the 11th of September 2017. I received a claim Number xxxxxxxxx from the County Court Business Centre Northampton, for the amount of £418.27 the claimant claim is for sum of £308.58 in respect of monies owing under an alleged agreement with T-Mobile UK Ltd the account reference number ############# . 4.Contained within the claimants particulars, the claimants pleads that the defendant has failed to make the required payments and the service was terminated .There is no details contained within the particulars of the claim how the sum was claimed and has accrued. The claimant is put to strict proof how the sum has accrued. If the sum includes a early termination fee then OFCOM guidance states that any early termination is made up of the balance if the remaining contract is unlikely to be fair as it fails to take into account the fact the provider did no longer has to provide and pay for their service. 5.The particulars of the claim state that the agreement was assigned to the claimant Lowell Portfolio Ltd Ellington House,9 Savannah Way,Leeds,West Yorkshire,LS10 1AB.and that notice given to Defendant. The Claimant is put to strict proof to evidence the details of assignment. 6.On the 21st of September 2017 I sent a written request for documents listed under particulars of claim under CPR.31.14 Exhibit 1 7. On or after 4th of October 2017 I received from Lowell reply to my CPR.31.4 ! Copy of Assignment and 1 copy of documentation regarding the balance. Exhibit 3 8 The claimant plead it’s case as the Defendant entered into an agreement with orange under account reference ####### I am uncertain as which this account refers to. It is accepted that I have had dealings with Orange in the past however I have no recollection the account number ###### the Claimant refers to. Therefore the claimant is put to strict proof to disclose this agreement/contract on which its claim relies upon and it is requested that the court compels the Claimant to disclosure pursuant to CPR 31.5. 9.Until such time the Claimant can comply and disclose the agreement/contract or provide any evidence they refer to within the particulars of the claim,pursuant to CPR 31.5 it is respectfully request that the court dismiss the claim and any relief be denied. Statement of truth I ########## The Defendant believe the facts stated within this Witness Statement to be true. I took most of it from a WS in another posting. One thing I am not clear about is if I can refer to information they have sent in their Witness Statement as the documents they have submitted copies of from T-Mobile refer to "Early Termination Penalty" amounting to £247.14 which is clearly outwith OFCOM's guidance. Do I refer to that in the witness statement?
  11. I've redacted everything I think and now put it all into a multipage pdf. I apologise for not realising how to go about it. let me know what you think? I do notice that it includes a lot of early termination penalty £247.14 out of a total before anything was added by Lowell in the claim of £308.58 Claimant WS .pdf
  12. Ok I have found an ap to make a multipage pdf, I'll redact further and re-upload
  13. Here are copies of Lowell's exhibits. I notice on looking again that the original documents from T Mobile include £247.14 early termination penalty which we mentioned in the defence. 2018-01-03.zip
  14. We've been in Scotland since before Xmas staying with family and got back today, I'm looking at doing this WS for my gf this week. I am floundering a bit as to what form it takes and what she needs to rely on. Also I've just seen that I need to post copies of their exhibits for you all to see, I will get them scanned and posted by tomorrow.
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