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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.
    • 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.. 🍿
    • Well you are in a position where if you issue the claim now and they fold, then you could lose your claim fee and also be left with the vehicle. If you return the vehicle to them for repair then there is a risk that if they folded you might have difficulty getting the vehicle back – but because it is in your name, I expect you eventually would. If you decide to issue the claim then frankly I think I would issue this evening. You have pretty well done the 14 days and in view of their letter suggesting that they might fold, I think you would be justified in acting quickly. I suppose that is possible that they will defend – if for no other reason to cause a delay before any judgement is given. If they did defend then eventually you would receive a directions questionnaire which would ask you various questions as to the management of the case and also if you had any orders to suggest. I don't know if you would succeed but I would propose to the judge that the court orders that the defendants may only continue to defend if they pay the sum claimed into court by way of a security. You would justify this by providing a copy of the letter which showed that they were thinking of dissolving the company. If you were able to get this order then if they did not pay the money in, then you could apply for an immediate judgement and then have it enforced by the High Court enforcement officers. However this is quite a way down the line. I would also follow the company https://beta.companieshouse.gov.uk/company/06840157 so that you would get early notice of any proposals to dissolve it and you might then be in a position to object. Once the claim was issued, I suppose that you could contact them and discuss the possibility of further repairs. I have to say that you say that you don't believe them, but on the other hand it would be very unusual for them to admit to their customers that they were thinking of ceasing to trade. That certainly sounds to me as if they are trying to be straight dealing with things. I think it's up to you whether or not you want to risk the claim fee – but I also think that you need to make a very quick decision on this and if you decide to go ahead, then you issue the claim this evening.
    • so just ignore the overdraft debts ?  
    • Thanks guys for your input,    Yes Andy, same court, my friends wife only checked her credit file when her friend got refused credit and checked hers. I will have a good read of your comments Andy, and update you on how I am going to advise her to proceed. Thanks Again
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agirllikeme

Lowell BT Claim Statute Barred or not?***Claim Discontinued***

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So I've got a small claims directions questionnaire, I checked the link as advised but was wondering whether I should agree to mediation? Would it not go against me if it went to court and I had rejected this? Would it not also give me a chance to explain or should I just leave that if they take it to court?

In terms of filling the form in is the following correct?
- Section C -Yes to small claims track
- Section D - my local county court (I'll name which one) What reason do I put as to why?
- Section D2 - Evidence of an expert No
- Section D3 - Witnesses 1 (myself)

 

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yes to small claims

no reason needed

1 wit you.

 

3 copies 

the one to their sols you can omit sig/phone/email

 

 


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15 hours ago, agirllikeme said:

So I've got a small claims directions questionnaire, I checked the link as advised but was wondering whether I should agree to mediation? Would it not go against me if it went to court and I had rejected this? Would it not also give me a chance to explain or should I just leave that if they take it to court?

 

Nothing to mediate over given the debt is statue barred

In terms of filling the form in is the following correct?
- Section C -Yes to small claims track
- Section D - my local county court (I'll name which one) What reason do I put as to why? Your the defendant and all claims are transferred to the litigant defendants home county court
- Section D2 - Evidence of an expert No
- Section D3 - Witnesses 1 (myself)

 

Andy

 

 

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Quick update, my case has been transferred to my local court. This happened on 25/04/19. How long does it usually take for them to get back to you regarding dates etc? 

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Varies by County court and work load.....but you should receive your N157 Notice of Allocation within 2/3/weeks.


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Quick update:
- I have a court date of 5th August 2019. 
- They have until 8th July 2019 to pay the fee or file for help with the fees. 

- I have to submit documents that I will use as defence at the latest 14 days before the trial date (I make this 21/07/19)

- Lowell have responded to my statute barred defence saying that a payment was made on 16/07/13. They've said they're satisfied there is a valid claimed and requested either payment in full or a Tomlin order. I can put a copy of the letter up if you need it - seems like a very standard response though.

 

So what do I need to prepare? 

 

I've submitted another SAR to BT for the change of name documents and any correspondence but "The information you have requested is in a different name. As this is not your own personal data we cannot provide this without the third parties consent." How do I get round this? I can't prove the name change without something showing that it was done. 

 

As always any help would be appreciated. 

 

 

 

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lowells always invent phantom payments.

 

but...even if they do exist,

they were not made by you

nor from a bank account in your name

nor with your express written permission.

 

you don't need that data really

 


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

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You need to prepare a witness statement from yourself which particularises your defence in your own words...along with any exhibits you wish to rely on in support of your defence.


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Is there any guidance on what I should include in my witness statement or how to lay it out?  In terms of exhibits I have an email chain showing I was moving into a different address but I can't get a copy of the actual contract due it being over 7 years ago and the record no longer being available. 

 

In Lowells letter suggesting a Tomlin order they have put "Due to the pending action, we should be grateful if you could contact our offices within 14 days from the date of the letter to confirm your intentions."

Is there any point in contacting them? Would it look bad if I didn't?

 

DX - the payment does exist but as you say it wasn't by me. Do I need to prove that?

 

Apologies for all the questions. 

 

 

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There are plenty of examples of witness statements in most court claim threads...which proceed that far.We normally advocate you wait until you receive the claimants statement/evidence before drafting a response.....in some instances they file very late not allowing you time or dont even file at all when they intend to discontinue the claim.

 

You only contact them is you wish to accept their offer of a tomlin order...otherwise no you dont.

 

Andy


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Thanks for the quick response. I'll have a look through some court claim threads for what to include. 

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Given that you submitted our Statute Barred defence......your  statement will be quite brief and in support of statute barred...so look for similar threads were the debt was statute barred.


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Final update!

 

I have just got off the phone with the local court to check whether the court fees have been paid (they had until 2pm on the 8th July) and they haven't. Lowell have sent them a letter advising that they have discontinued the claim! I've not received confirmation of this from Lowell yet but thought I would update here! 

 

Thank you all so much for your prompt responses, excellent advice and pointers to relevant examples! It really has been a massive help. 

 

 

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Excellent...thread title updated.

 

Please consider making a donation to help us to continue to help others like you.

 

Well done

 

Regards

 

Andy


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