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night_and_day

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About night_and_day

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  1. It is outrageous that they do that and think they can get away with it. People who don't really know will end up caving and paying up! I have some good news though, after my post today I came home and found a letter saying that they will discontinue!! There's a letter saying that their client has instructed them to discontinue the claim and there's a notice of discontinuance included. Is there anything else I need to do to make sure it's finally gone? I did send them a signed copy of something once, I hope they don't come back with another claim for another debt.
  2. Sure thing fkofilee, I’ll keep this thread updated. I’ve not received anything else from Lowell or the court, so I’m just prepping for the hearing on Friday. Should I just be making notes on my witness statement to talk to the judge about? Maybe elaborate on ofcom and unfair charges. Is there anything else I should know or think about? I’ve not been to court before, it’s all new and intimidating...
  3. Okay so I didn't imagine it , I'll put it back in. Extensions paragraphs make sense. Paragraph 5 is a good point, it's a bit silly that a claim like this can be made without any written agreement especially when companies like Lowell don't bother with them and hope the general person's ignorance will get them the win.
  4. Thanks very much Andy for putting your time in it's really appreciated. I've removed the bit about ID because I couldn't find where I read it, maybe I imagined it. I do quite like the bit about CPR 3.4 (2 a/c) - practice direction. Out of curiosity more than anything, paragraph 6 has 2 more paragraphs underneath it. Is it fine to have these like this in a witness statement, they don't need to be 7 and 8? Now let's send this and see what happens next..
  5. I might just remove 14 in that case. If you get a chance would you be able to help me structure 12 and 13? I’ll hopefully get it sent off tonight past the RM cut off but will be there by Friday before the deadline.
  6. Thanks again Andy. I tried being a bit more shocked and horrified with my point about the screenshot. I added a concluding type point in 13 that is a bit more forceful, but I don't know if the language is a bit too accusatory and not appropriate. I've only changed 11 onwards, the bits I've highlighted, if it's okay? Side note, I was mistaken about the ID I think, I can't see it now, but they did write that I took it out in store which I've responded to. INTRODUCTION I, John Doe of London, the Defendant in this case, make this statement in support of my defence aga
  7. Hi Andy, Thanks very much for your response. I've added those paragraphs in and have wrote something around their Para 24 involving GDPR and legitimate interest. I couldn't find anything UK based around the Fair Credit Reporting Act. Do you mind checking my paragraph 11 over to see if it looks ok? Another thing they've wrote wrongly is that I took out this contract in store with ID, which is false, I bought it online with no ID. Should I contest that point? Lastly should I sign the copy I send Lowell? Thanks for all your help so far!!
  8. Hi dx and Andy, have either of you had a chance to look over my witness statement just to make sure it's not all waffle. The deadline is 19th of July, so that means I need to make sure it gets there before 4pm? Thanks for all your help so far.
  9. Very reassuring dx thanks! I've put together a witness statement based on the link provided earlier, reading around a bit and clueing myself up on the Consumer Contracts Regulations and Ofcom/OFT guidance. I've added some other bits that I think are relevant, but please let me know if I got a bit too carried away.
  10. Okay I've finally managed to scan and redact all the pages. 41 pages long There's a 5mb upload limit, this pdf is 110mb. Is there some other way I can upload it? Lowell WS Redacted 1.pdf
  11. So I started reading around more and looking other other cases while putting together a WS. Today I received their copy of their WS. They've put on the covering letter: They're very aggressive... I'll upload a redacted copy of their WS, it's quite lengthy with all the exhibits they've attached. One of them is Three's terms and conditions. Shall I upload everything including the terms?
  12. Thanks dx. The defendant in that thread has received a ws from Lowell and based their own from that, should I wait to receive theirs or draft mine assuming that they haven't provided anything at all? Can I see if they even bother to pay the court fee through MCOL?
  13. Thanks dx100uk. I am guessing ws is witness statement? I'm trying to find similar threads where people have put a witness statement together but am failing miserably. Would anyone have any examples I can use as a starting point?
  14. Hi everyone, so I've got an update since I submitted my defence to the claim form. I was asked for mediation which I agreed to. I never managed to have a call scheduled, I waited for them to call me like it said on the letter, but after reading other threads I think I should have called them to book in a time slot. Hindsight 20/20.. So I've received a Notice of Allocation to the Small Claims Track dated 21/06/2019. It's set a court date of the 16/08 if the claimant pays by 16/07. Documents need to be sent to the court by the 19/07. I've also received a lette
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