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Lowell Claim form - Three mobile debt ***Claim DIscontinued***

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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?

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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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?

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both..

that is just an example

no harm in reading threads

use the custom google search box top left

 

mobile claimform witness statement

 

the more you read the stronger we become


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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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:

 

Quote

It is evident from the witness statement enclosed that your Defence is without merit and you remain liable to our client for the full amount claimed. For this reason, we intent to proceed to a hearing and request that you deference be struck out, should any settlement proposal not be forthcoming from you.

 

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?

 

 

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very aggressive.....my foot.

them doing this is to frighten you

usually means they know they don't have a leg to stand on but prey you'll need a nappy on soon

  • Haha 1

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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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

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so std WS we've seen exactly word for word before from a lowells paralegal [teaboy work placement student on 0hrs min wage contract], adding in the same credit file extracts tactic that's is it that another one we saw in the last 10 days on here from them.

 

oh we're big an tough

and gonna puff our chest out and go for extra extra costs an use a barrister at £210phrs if you don't wet yourself soon and roll over.

 

they'll discontinue once they see andy's ws and it gets to a day or two before the case and you haven't folded.

 

dx

 

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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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.

 

Quote

INTRODUCTION

  1. I, xxxxxxxxx the Defendant in this case, make this statement in support of my defence against the Claimant, Lowell Portfolio I Ltd. The matters set out below are within my own knowledge, except where I indicate to the contrary.

 

BACKGROUND

  1. Lowell are a company who specialise in buying debt from various companies, including mobile phone service providers. They use techniques of intimidation to receive payments from individuals with poor financial histories who aren't aware of their contractual rights that are dictated in various Acts of Parliament.

 

THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT

  1. The Claimant claims that legal assignment had taken place on 20 December 2016 and the Notice of Assignment was correctly served as required by the Law of Property Act. The Defendant denies having received any such documentation, with the first contact from them being this claim. A backdated computer generated copy has only been received as a response to the CPR 34.14 request and attached to the witness statement.
  2. The Claimant states that they have provided the Defendant with a “further 28 letters”, of which they have provided alleged evidence of these letters, under their exhibit "NA4", which they deem as meeting the requirements of Pre-Action Protocol. The Defendant again categorically states that no letters have ever been received from the Claimant, with the first contact from them being this claim. Therefore, the Claimant is to put strict proof to their claim by providing proof of delivery for these letters. If the Claimant cannot provide this, then the Defendant invites the Court to strike the claim out based upon a failure to adhere to Paragraph 6 of the Practice Direction – Pre-Action Practice and Protocols.
  3. The Claimant alleges in Paragraph 8 of their witness statement that an early termination charge (ETC) of £416.54 is due from the Defendant.  The Claimant in Paragraph 9 states that the terms and conditions of the contract dictates that such an ETC will be charged if there is a breach in contract. The Defendant denies the responsibility to pay such a charge as it is considered unfair under Ofcom guidance, Office of Fair Trading guidance, Guidance provided by the Department for Business Innovation and Skills and the Consumer Contracts Regulations 1999.
  4. The Claimant states in Paragraph 21 of their witness statement that the Defendant should "have to pay for services he has had the use and benefit of" however this is clearly contradicted in Paragraph 6 where the contract breach occurred much earlier than the 24 months of full service, outlined in Paragraph 4 of the Defendant's witness statement, that the Claimant claims the assignor has provided, therefore the Defendant states that no services were provided for the amount that the Claimant is looking to claim.
  5. Ofcom dictates under their Guidance on unfair terms in contracts communications that an ETC as alleged by the Claimant would mean that the provider of the service would receive a disproportionately high amount for not having to provide any services. Ofcom considers this unfair and believes that this falls under Schedule 2, Paragraph 1 (e) of the Consumer Contracts Regulations 1999 "requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation". The Defendant invites the Court to strike the claim out on the basis that such a charge is unlawful under Consumer Contract Regulations 1999.
  6. The Defendant vociferously disputes Paragraph 5 of the Claimant’s Witness Statement, in which the Claimant considers that they have no requirement to provide an agreement. The Defendant claims that his request of 31st December 2018 under the CPR 31.14, of which the Claimant has confirmed receipt, for the disclosure and production of a verified and legible copy of the Agreement has not been adhered to, by way of the fact that a Service Contract is entirely missing from the Claimant’s evidence.
  7. In light of the above, it is clear that 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
    (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;
  8. As per CPR 16.5(4), the Defendant alleges the Claimant has not proved their allegation that the money is owed.
  9. 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.

 

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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.

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Hi...okay having read the claimant's statement and your intended response.

 

Add to your point 1...

 

1. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.


On your point 2 replace with.....


2.It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 to which the original creditors have already wrote off as a capital loss and claimed against taxable income. The assignee then issues claims to circumvent and claim the full amount of debt to maximise profit.

 

With regards to their paragraph 24...again this is the second time we have seen this used by this claimant  were they are reproducing screen shots taken from your Credit Reference Files which displays confidential private data without your consent.Under the Fair Credit Reporting Act  limits who can view your credit files and for what reasons...obviously lenders can check your credit worthiness ....however lenders must have your permission to check your credit report. Assignees of debt can only update information already applied and as with regards to taking screen shots and using them as evidence I would surmise that this is a breach of the DPA.

 

The rest is fine but you  need to reword the above and insert it at a suitable point of your statement in response to their para 24.

 


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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!!

 

Quote

INTRODUCTION

  1. I, John Doe of London, the Defendant in this case, make this statement in support of my defence against the Claimant, Lowell Portfolio I Ltd. The matters set out below are within my own knowledge, except where I indicate to the contrary. The claimants witness statement confirms that it mostly relies on hearsay evidence as established by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.

BACKGROUND

  1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed, 10p to 15p in the £1 to which the original creditors have already wrote off as a capital loss and claimed against taxable income. The assignee then issues claims to circumvent and claim the full amount of debt to maximise profit.

THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT

  1. The Claimant claims that legal assignment had taken place on 20 December 2016 and the Notice of Assignment was correctly served as required by the Law of Property Act. The Defendant denies having received any such documentation, with the first contact from them being this claim. A backdated computer generated copy has only been received as a response to the CPR 34.14 request and attached to the witness statement.
  2. The Claimant states that they have provided the Defendant with a “further 28 letters”, of which they have provided alleged evidence of these letters, under their exhibit "NA4", which they deem as meeting the requirements of Pre-Action Protocol. The Defendant again categorically states that no letters have ever been received from the Claimant, with the first contact from them being this claim. Therefore, the Claimant is to put strict proof to their claim by providing proof of delivery for these letters. If the Claimant cannot provide this, then the Defendant invites the Court to strike the claim out based upon a failure to adhere to Paragraph 6 of the Practice Direction – Pre-Action Practice and Protocols.
  3. The Claimant alleges in Paragraph 8 of their witness statement that an early termination charge (ETC) of £416.54 is due from the Defendant.  The Claimant in Paragraph 9 states that the terms and conditions of the contract dictates that such an ETC will be charged if there is a breach in contract. The Defendant denies the responsibility to pay such a charge as it is considered unfair under Ofcom guidance, Office of Fair Trading guidance, Guidance provided by the Department for Business Innovation and Skills and the Consumer Contracts Regulations 1999.
  4. The Claimant states in Paragraph 21 of their witness statement that the Defendant should "have to pay for services he has had the use and benefit of" however this is clearly contradicted in Paragraph 6 where the contract breach occurred much earlier than the 24 months of full service, outlined in Paragraph 4 of the Defendant's witness statement, that the Claimant claims the assignor has provided, therefore the Defendant states that no services were provided for the amount that the Claimant is looking to claim.
  5. Ofcom dictates under their Guidance on unfair terms in contracts communications that an ETC as alleged by the Claimant would mean that the provider of the service would receive a disproportionately high amount for not having to provide any services. Ofcom considers this unfair and believes that this falls under Schedule 2, Paragraph 1 (e) of the Consumer Contracts Regulations 1999 "requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation". The Defendant invites the Court to strike the claim out on the basis that such a charge is unlawful under Consumer Contract Regulations 1999.
  6. The Defendant vociferously disputes Paragraph 5 of the Claimant’s Witness Statement, in which the Claimant considers that they have no requirement to provide an agreement. The Defendant claims that his request of 31st December 2018 under the CPR 31.14, of which the Claimant has confirmed receipt, for the disclosure and production of a verified and legible copy of the Agreement has not been adhered to, by way of the fact that a Service Contract is entirely missing from the Claimant’s evidence.
  7. In light of the above, it is clear that 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
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

  1. As per CPR 16.5(4), the Defendant alleges the Claimant has not proved their allegation that the money is owed.
  2. Paragraph 24 in the Claimant's witness statement shows items from the credit report of the Defendant which is unrelated to this case, for which the Claimant does not have permission to distribute. The holding and subsequent distribution of this data would fail the Balancing Test set out by the ICO for the purposes of GDPR. There is no legitimate interest in the viewing or distribution of the data in the Claimant's witness statement.
  3. 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.

 

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You need to beef it up a bit.... your 11 is tad tame and limp wristed ...you are appalled ...shocked and horrified ...get the word screen shot in and reproducing data without your consent.It has no connection to the claim or add any weight to their evidence in convincing the court  thats charging extortionate fees once a contract is terminated is fair or legitimate and the claimant is put to strict proof to disclose a breakdown of the fee and quantify its losses.

 

And yes thats a very important valid point you raise by way of you took out this contract in store with ID, which is false, I bought it online with no ID.Show the court that they talk nonsense and know absolutely nothing about the debt they bought for peanuts and that the contents of their statement contain numerous errors and false information......cast doubt.


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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

  1. I, John Doe of London, the Defendant in this case, make this statement in support of my defence against the Claimant, Lowell Portfolio I Ltd. The matters set out below are within my own knowledge, except where I indicate to the contrary. The claimants witness statement confirms that it mostly relies on hearsay evidence as established by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.

BACKGROUND

  1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed, 10p to 15p in the £1 to which the original creditors have already wrote off as a capital loss and claimed against taxable income. The assignee then issues claims to circumvent and claim the full amount of debt to maximise profit.

THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT

  1. The Claimant claims that legal assignment had taken place on 20 December 2016 and the Notice of Assignment was correctly served as required by the Law of Property Act. The Defendant denies having received any such documentation, with the first contact from them being this claim. A backdated computer generated copy has only been received as a response to the CPR 34.14 request and attached to the witness statement.
  2. The Claimant states that they have provided the Defendant with a “further 28 letters”, of which they have provided alleged evidence of these letters, under their exhibit "NA4", which they deem as meeting the requirements of Pre-Action Protocol. The Defendant again categorically states that no letters have ever been received from the Claimant, with the first contact from them being this claim. Therefore, the Claimant is to put strict proof to their claim by providing proof of delivery for these letters. If the Claimant cannot provide this, then the Defendant invites the Court to strike the claim out based upon a failure to adhere to Paragraph 6 of the Practice Direction – Pre-Action Practice and Protocols.
  3. The Claimant alleges in Paragraph 8 of their witness statement that an early termination charge (ETC) of £416.54 is due from the Defendant. The Claimant in Paragraph 9 states that the terms and conditions of the contract dictates that such an ETC will be charged if there is a breach in contract. The Defendant denies the responsibility to pay such a charge as it is considered unfair under Ofcom guidance, Office of Fair Trading guidance, Guidance provided by the Department for Business Innovation and Skills and the Consumer Contracts Regulations 1999.
  4. The Claimant states in Paragraph 21 of their witness statement that the Defendant should "have to pay for services he has had the use and benefit of" however this is clearly contradicted in Paragraph 6 where the contract breach occurred much earlier than the 24 months of full service, outlined in Paragraph 4 of the Defendant's witness statement, service that the Claimant claims the assignor has provided, therefore the Defendant states that no services were provided for the amount that the Claimant is looking to claim.
  5. Ofcom dictates under their Guidance on unfair terms in contracts communications that an ETC as alleged by the Claimant would mean that the provider of the service would receive a disproportionately high amount for not having to provide any services. Ofcom considers this unfair and believes that this falls under Schedule 2, Paragraph 1 (e) of the Consumer Contracts Regulations 1999 "requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation". The Defendant invites the Court to strike the claim out on the basis that such a charge is unlawful under Consumer Contract Regulations 1999.
  6. As the Claimant is looking to recover an extortionately high amount for a terminated contract where they had to provide no service that falls under unfair charges in accordance to the Consumer Contract Regulations, the Claimant is put to strict proof to disclose a breakdown of fees and quantify losses. If the Claimant is unable to do so without falling under Schedule 2, Paragraph 1 (e) of the Consumer Contract Regulations and cannot prove the legitimacy of the claim, the Defendant again asks the Court that the claim be stuck out.
  7. The Defendant vociferously disputes Paragraph 5 of the Claimant’s Witness Statement, in which the Claimant considers that they have no requirement to provide an agreement. The Defendant claims that his request of 31st December 2018 under the CPR 31.14, of which the Claimant has confirmed receipt, for the disclosure and production of a verified and legible copy of the Agreement has not been adhered to, by way of the fact that a Service Contract is entirely missing from the Claimant’s evidence.
  8. In light of the above, it is clear that 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
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

  1. As per CPR 16.5(4), the Defendant alleges the Claimant has not proved their allegation that the money is owed.
  2. The Claimant alleges that the Defendant entered into a contract in-store however this is not the case, this contract was entered into online through a mobile reseller website. The Claimant was requested to provide the Service Contract via CPR 31.14 however they failed to do so.
  3. Paragraph 24 in the Claimant's witness statement shows part of the credit report of the Defendant which is completely unrelated to this case and has absolutely no bearing on any aspect of the claim. The Claimant was not given permission to distribute this data and has directly breached rules set out in GDPR by including a screen shot as a medium for which to damage the reputation of the Defendant.
  4. The Claimant shows time and again that they do not act in good faith, they are not willing to comply to the requests for documentation on which the case relies. The Claimant declines to carry out due diligence on a case and rely on the Defendant or the Court to carry that burden for which they face no sanctions. The Claimant sends out claims with irrelevant evidence that breaches confidentiality intended to intimidate and provide erroneous statements in regards to the case. The Claimant intends to colour the case in a certain way regardless of the means used to achieve this whether they disregard their obligations or extend past their authority. The Claimant continues to be unable to show prove their allegation that the money is owed. The Defendant respectfully asks that the Court strike the claim out based on the Claimants conduct to this case and their total disregard to correct etiquette.
  5. 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.

 

 

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I will run through it again in the morning......

 

12 requires a careful  edit

13 still does not shock me or grab my attention

14  is waffling and not really adding anything and rather repetitive.


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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. 

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Introduction

 

  1. I, John Doe of London, the Defendant in this case, make this statement in support of my defence against the Claimant, Lowell Portfolio I Ltd. The matters set out below are within my own knowledge, except where I indicate to the contrary. The claimants witness statement confirms that it mostly relies on hearsay evidence as established by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.

 

       2. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much                  reduced cost to the  amount claimed, 10p to 15p in the £1 to which the original creditors have already wrote off as a capital loss and claimed                          against taxable income. The assignee then issues claims to the full amount of debt to maximise profit.

           

          I will respond to each paragraph of the same numbered as in the claimant’s statement.

 

 Background

 

       3. In response to paragraph 3.  As per my initial defence  the defendant has in the past held a contract with Three Mobile, however the exact details                   cannot be recalled. Therefore  a request was made pursuant to CPR 31.14  to verify the details of this claim by way of a copy of the contract and                     statements to quantify the alleged balance  that has been claimed. 

        

        4. In response to paragraph 4 the claimant states that the above contract was taken out in store on the 10th February  2014 with a duration of 24                         months were Identification  was checked and agreed ?.This is denied and averred as hear say. I have never entered into any Three Mobile Stores as                any applications to enter into a contract would  have been made on line.

 

        5. In response to paragraph 5. The claimant openly admits that they do not have access to the agreement nor was the Assignor required to retain a                     copy.Therefore their claim is unsubstantiated. Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a                           written agreement:

          (1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s)                 should be available at  the hearing.

        6. Paragraphs 6 -9 are noted and accepted but superfluous if a written contract cannot be disclosed on which the claimants claim relies upon.With                    regards to point 8 the  claimant confirms that the balance claimed is made up of Airtime debt to the sum of £157.43 and  £259.11  ( (ETC) of                          £416.54 )in relation to early termination fee in  respect of the remainder  of the minimum contract term.The claimant confirms in paragraph 7 that                  the service was terminated on the 26th August 2015 thus 6 months  short of the full obliged term. 

            Ofcom dictates under their Guidance on unfair terms in contracts communications that an ETC as alleged by the Claimant would mean that the                      provider of the service  would receive a disproportionately high amount for not having to provide any services. Ofcom considers this unfair and                        believes that this falls under Schedule 2,  Paragraph 1 (e) of the Consumer Contracts Regulations 1999 "requiring any consumer who fails to fulfil                  his obligation to pay a disproportionately high sum in  compensation". It is averred such a charge is unlawful under Consumer Contract Regulations              1999. 

             Therefore the claimant is invited and put to strict proof to disclose and quantify this charge and any monetary loss,  justify why they should charge                 this fee on a  terminated service.

         7. In response to Paragraphs 10. The Claimant claims that legal assignment had taken place on 20 December 2016 and the Notice of Assignment                     was  correctly served as  required by the Law of Property Act. The Defendant denies having received any such documentation in fact the                                   claimant confirms and relies on a reconstituted version  and not the original NOA.

        8.  In response to paragraph 12.The Claimant states that they have provided the Defendant with a “further 28 letters”, of which they have provided                        alleged evidence of these  letters, under their exhibit "NA4", which they deem as meeting the requirements of Pre-Action Protocol

             This is categorically denied.No letters have ever been received from the Claimant, with the first contact from them being this claim. Therefore, the                 claimant is to put strict  proof to their claim by providing proof of delivery for these letters. If the Claimant cannot provide this, then the Defendant                    invites the Court to strike the claim out based   upon a failure to adhere to Paragraph 6 of the Practice Direction – Pre-Action Practice and                                Protocols.

 

        9.  Paragraphs 16 -23 are noted but again regarded as superfluous unless a contract can be disclosed and Early Termination fees can quantified.

 

       10. In response to paragraph 24. I am somewhat shocked and concerned that the claimant has reproduced a screen shot  and processing data without               my consent.It has  no connection to the claim or adds any weight to their evidence in convincing the court  that charging extortionate fees once a                   contract is terminated is fair or legitimate.This is considered a Data breach of the Data Protection Act in processing data not connected to their                     claim.

 

       11. In light of the above, it is clear that 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
             (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

        12.  As per CPR 16.5(4), the Defendant alleges the Claimant has not proved their allegation that the money is owed.

 

Order Sought

 

        13. In response to paragraphs 27 -28.As the claimant by its own admission is unable to disclose any contract /agreement on which this claim relies                    and unable to comply  with  Practice Direction 16 (7.3) and substantiate any of its pleadings.The defendant respectfully invites the court to strike                    out the claimant's statement of claim  pursuant  to CPR 3.4  (2 a/c) o the basis of failure to comply with a rule, practice direction 


       

 

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

 

               Signed 

 

               Dated this day....

 


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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.. 🍿

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They refer to the ID in their statement (Para 19)....

 

Para 6 is all one statement....broken into extension paragraphs

 

Paragraph 5 is the killer...I have never tried it in mobile contracts before..lets see what the court thinks.


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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.

 

 

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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...

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Drive home point 5...see how they try to get around that.

 

Best of luck and enjoy...its not  intimidating at all ...you will be surprised how fast it passes....make it count.

 

Andy


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