Lowell/lowells sols claimform - old Vodafone mobile 'debt'***Claim Discontinued***

[cheddar]

if they had paid, and it was backlogged, then fair enough.

otherwise, it seems it shld have been struck accordingly. but, am not too familiar with whole thread. maybe the dj giving them a final chance.

anyway, lets see what the order is.

 

Allocated to small claims, claimant to pay hearing fee by 26th May.

23rd June, court confirmed HF not been paid, case with DJ.

30th June an "order" has been sent out, wouldn't tell me a thing more.

 

I wonder if they give individuals this kind of leeway.

[martin2006]

One of the key things with SCT and litigants in person is that rules are often bent and a more relaxed approach is taken, probably why it hasnt been struck out already but i agree that it should have been

[cheddar]

The order came today:

 

Order dated 24/6/16 - Claimant to pay by 6/7/16 or claim will be struck out and hearing vacated.

Letter dated 27/6/16

Arrived: 4/7/16.

 

Will ring on 7/7/16 to see if they've paid.

[AndyOrch]

The order came today:

 

Order dated 24/6/16 - Claimant to pay by 6/7/16 or claim will be struck out and hearing vacated.

Letter dated 27/6/16

Arrived: 4/7/16.

 

Will ring on 7/7/16 to see if they've paid.

 

[cheddar]

Been busy with so much just lately

 

 

as we hadn't heard anything I thought I'd give the court a ring.

They have paid the hearing fee.

 

 

I'll have to get our (very few) documents together and work out how on earth this is going to work.

My partner will shut down in this situation and be unable to speak up.

I believe I can't speak for him so maybe we'll just lose out and end up paying,

I don't know. I'm dreading telling him.

 

I wish so much it was in my name, I would just about be able to deal with it.

 

 

We're going to have to come up with some kind of plan.

I tried asking for advice but, as usual, my local court is extremely unhelpful

and just kept telling me as it's not my case they can't say anything more other than the hearing fee has been paid.

 

 

I've asked them previously in an email about how someone with a neurological disability

can be helped in a hearing and they ignored my question.

 

So gutted they are pushing this all the way,

seems ridiculous for the amount and the fact they don't have an agreement or any other info.

[AndyOrch]

You can request permission from your local Court to attend and speak on his behalf cheddar.

 

Andy

[cheddar]

Thanks Andy, I'll work out how to request that today. I did think it was possible but the 2 times I've mentioned it to our local court they either ignore or make out it's not possible. They're SO unhelpful!!

 

Well, I guess we get to have a day out. Even if it is spent sitting waiting for minutes/hours at the court lol

 

I guess the best way to look at it is we try our best and if it fails we end up paying. Fortunately, it won't cripple us to pay it as it may do for others but I'll be using disability benefits/savings to fund it which is annoying.

[AndyOrch]

Have a quick read of the following....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?466141-District-Enforcement-Court-Claim-received/page2&highlight=shelley

[cheddar]

Have a quick read of the following....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?466141-District-Enforcement-Court-Claim-received/page2&highlight=shelley

 

Bit confused on that one, it mentions being a Litigant Friend, I thought that was only needed when the person cannot attend the hearing. Surely I'd be asking if I can be a Lay Representative so I can speak for him whilst he's there? From what I've read I see I can write a letter to the court asking this or can even mention it on the day and the judge can decide at their discretion if it's ok or not.

 

I'd rather send off a letter today and get it over and done with. I'll look for any examples and if I can't find one, I'll just do my own.

 

Will also read up on how to write out the witness statement and what documents are required.

 

Phew.

[AndyOrch]

Take a read of the following relevant CPR PD27

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27

 

3.1 and 3.2.

 

Andy

[cheddar]

Take a read of the following relevant CPR PD27

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27

 

3.1 and 3.2.

 

Andy

 

Ok so that confirms I'll be a Lay Rep not a LF and I will quote the relevant CPR and sections in my letter to court just letting them know I'll be representing him.

 

Working on WS and how to present documents now.

[cheddar]

Urgh, 2 hours of looking and I'm not coming up with much, I search on here but most of the time things are settled before a WS is needed or they are from 10 years ago when they seemed to be worded differently.

 

The documents I have and think I may need to include are:

 

1) Original claim form?

2) My CPR 31.14 request

3) Lowells reply to above request

4) My AoS showing my defense?

 

I know 2 and 3 are required, but I'm not sure about the others.

 

I believe I have to have a covering letter for these documents, stating what they are and adding a reference number for them? Or is an N265 required for this?

 

From what I can gather, the WS is just going to be a reiteration of the original defence including reference to the CPR request and non-compliance.

 

IN THE COUNTY COURT IN ********* CLAIM NO: ******

 

BETWEEN:

LOWELL SOLICITORS LTD Claimant

 

-and-

 

MR ***** ****** Defendant

 

WITNESS STATEMENT OF MR ***** ******** of ****FULL ADDRESS****

 

I, Mr ********* the defendant in this claim make the following statement believing it to be true will state as follows:-

 

1. It is admitted that I have entered into a contract with Vodafone in the past. I do not recall the exact details of this contract or know of any outstanding balance.

 

2. I requested that the Claimant prove the exact details of this contract by way of a CPR 31.14 request (see document RQ1). The only reply I received advised me that they have forwarded the request to their client (see document RQ2). No other documentation in reply to this request has been provided by the claimant.

 

?????????????????

 

I believe that the facts stated in this Witness Statement are true.

 

Signed ……………….

 

Dated on the day ………………..2016

 

 

The ???????????????? part is where I get stuck, I feel like all that is left to say is exactly what I've said in the defence already. If this is ok, then I'll add it in.

 

I'll keep looking in the success forums and see where I can find a case where a WS was used recently. Just thought I'd put this up for now as my head is hurting already.

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=Mobile+witness+statement&sa=Search+CAG#gsc.tab=0&gsc.q=Mobile%20witness%20statement&gsc.page=1

[cheddar]

Letter regarding being a Lay Rep:

 

Dear Sir/Madam,

Re: Case ********

I am writing to inform you that I will be acting as a Lay Representative for Mr ********* as he will be unable to speak for himself during the hearing. This is due to neurological illness and anxiety issues.

 

I make this request as per CPR PD27 regarding representation at a hearing. If you have any further questions regarding this, please don’t hesitate to contact me.

 

Regards,

 

cheddar

[cheddar]

Thanks DX, I feel really stupid for not putting "mobile" in the search. Will look over now.

[AndyOrch]

1) Original claim form? No

2) My CPR 31.14 request

3) Lowells reply to above request

4) My AoS showing my defense? No

 

N265 is used in Fast Track claims...just draft a cover letter stating this is your disclosure and you look forward to them reciprocating

 

Andy

[cheddar]

Thanks Andy!!

 

Okay guys, this is what I've come up with.

 

LETTER REGARDING BEING A LAY REPRESENTATIVE:

 

Dear Sir/Madam,

 

Re: Case ********

 

I am writing to inform you that I will be acting as a Lay Representative for Mr ********* as he will be unable to speak for himself during the hearing. This is due to neurological illness and anxiety issues.

 

I make this request as per CPR PD27 (3.2) regarding representation at a hearing. If you have any further questions regarding this, please don’t hesitate to contact me.

 

Regards,

 

cheddar

 

COVERING LETTER:

 

Dear Sir/Madam,

 

Re: Claim No, **********

 

Please find enclosed my witness statement regarding the above claim. Also included are documents referred to in my witness statement and a list detailing said documents.(Standard Disclosure)I look forward to receiving your by return

 

Kind Regards,

 

Mr ************

 

DOCUMENT LIST:

 

DOCUMENTS RELATING TO WITNESS STATEMENT FOR CLAIM ********

 

RQ1 - Letter dated 14/01/2016 from the defendant to the claimant asking for the exact details of the contract mentioned in their claim under CPR 31.14.

 

RQ2 - Letter dated 27/01/2016 from the claimant to the defendant explaining that the RQ1 request has been passed to their client.

 

WITNESS STATEMENT:

 

IN THE COUNTY COURT IN ***** CLAIM NO: *****

 

BETWEEN:

LOWELL SOLICITORS LTD Claimant

 

-and-

 

MR ***** Defendant

 

WITNESS STATEMENT OF MR ********* of *********ADDRESS

 

I. Mr ********* the defendant in this claim make the following statement believing it to be true will state as follows:-

 

1. It is admitted that I have entered into a contract with Vodafone in the past. I do not recall the exact details of this contract or know of any outstanding balance.

 

2. I requested that the Claimant prove the exact details of this contract by way of a CPR 31.14 request sent on the 14/01/2016 (Exhibit RQ1). The only reply I received advised me that they have forwarded the request to their client dated 27/01/2016 (Exhibit RQ2). No other documentation in reply to this request has been provided by the claimant.

 

3. The claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31.14 and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into a Contract; and

(b) show how the Claimant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per CPR 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as the Claimant alleges to be an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act.

 

6. If the alleged amount claimed includes an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

I believe that the facts stated in this Witness Statement are true.

 

Signed ……………….

 

Dated on the day ………………..2016

[AndyOrch]

Very good...just a few tweaks in red

[cheddar]

Thanks Andy it's really appreciated. I'll get these sent off tomorrow or maybe I should leave it til Thursday? I think that's probably the latest I can send it to Lowells for it to be in the timeframe. Has to be in by the 1st August as hearing is on the 15th.

 

Also to add, as no surprise. I have not had a WS or anything else from Lowlifes. All I have ever got from them is the letter referred to above and a copy of their DQ.

[dx100uk]

Thanks DX, I feel really stupid for not putting "mobile" in the search. Will look over now.

 

 

good job done glad to help

 

 

dx

[cheddar]

WS and documents sent to Lowells 1st class today, copy handed in to court with lay rep letter in person. Lets see if Lolwells bother with a WS. I assume the court will be fine with them handing it in extremely late seeing as they let them pay the hearing fee 2 months late.....

[AndyOrch]

What date should they serve theirs on you cheddar ?

[cheddar]

What date should they serve theirs on you cheddar ?

 

Monday.

[AndyOrch]

Monday.

 

Gone or coming?

[cheddar]

Coming, 1st August. As long as they have to serve on the same date as me (14 days before hearing). I don't have the paperwork to hand right now.