Lowell claimform - old T-Mobile Debt

[Mr Standfast]

Ok, thanks.

[AndyOrch]

Post your WS up in response when your ready and I will draft you a covering note to explain your absence and that you wont be in attendance for the hearing.

[Mr Standfast]

Just out of interest, why is it that she can't have someone represent her at the hearing if she can't attend herself?

[dx100uk]

because the claim is against her

[dx100uk]

we will need to see their exhibits too please

[Mr Standfast]

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.

[dx100uk]

well you've almost got a month

but don't leave it too late for us to check

 

if you use the search CAG box of the top red toolbar

 

witness statement mobile

 

there are examples to base yours on here already

[Mr Standfast]

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

[dx100uk]

why a zip file

please use a multipage PDF document

read UPLOAD

 

ive hidden that as LOTS of pages have various ref and account numbers showing

please redact properly

[Mr Standfast]

Ok I have found an ap to make a multipage pdf, I'll redact further and re-upload

[dx100uk]

Read upload

Its all there already

[fkofilee]

014 - Arh the infamous council tax and water rates letter - Still makes me laugh to this day.

I am watching this. Please do reupload it all

 

ETFs / ETCs can be challenged.

[Mr Standfast]

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

[Mr Standfast]

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?

[AndyOrch]

You can refer to anything in the claimants witness statement and refute it...thats the whole point if submitting your witness statement

[Mr Standfast]

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.

[Mr Standfast]

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.

Edited January 14, 2018 by Andyorch
edited CPR

[AndyOrch]

Rule 31.5. ?

 

Has the court not already ordered disclosure in its directions (Notice of Allocation) ?

[Mr Standfast]

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?

[AndyOrch]

Notice of Allocation comes from the court ...not the claimant.

[dx100uk]

you mean notice of assignment...??

[Mr Standfast]

Sorry yes, notice of assignment!

[Mr Standfast]

Do I need to alter the above Witness Statement or is it ok to send as it is? Thanks for your help.

[AndyOrch]

I have already made a few alterations above in your post.

[Mr Standfast]

Ok I'll send that off. Can you draft me the note to accompany it regarding her not attending?