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Lowell Claim form - Three mobile debt

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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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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

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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

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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

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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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