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AfroAsh VS Lowell

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  • #16
    Re: AfroAsh VS Lowell

    [MENTION=55034]nemesis45[/MENTION] thanks

    I got a call from the mediation team and informed them that I do not have sufficient information to mediate. I have now received a notice of transfer of proceedings stating that the claim has been transferred to my chosen county court and they will contact me in due time. do i need to start prepping my witness statement?
    PS: Lowell have still not sent me the requested docs

    Comment


    • #17
      Re: AfroAsh VS Lowell

      Originally posted by AfroAsh View Post
      @nemesis45 thanks

      I got a call from the mediation team and informed them that I do not have sufficient information to mediate. I have now received a notice of transfer of proceedings stating that the claim has been transferred to my chosen county court and they will contact me in due time. do i need to start prepping my witness statement?
      PS: Lowell have still not sent me the requested docs
      Hello Ash,

      Yes a good idea to start composing the WS, remember this is not the place of " legal argument" it's the story of the debt/claim as you have experienced it.

      nem

      Comment


      • #18
        Re: AfroAsh VS Lowell

        Hi Guys could you be so kind to take a look at my WS below? [MENTION=55034]nemesis45[/MENTION]
        IN THE XXXXXXXXXXXXXXXXX COUNTY COURT


        Claim No. XXXXXXXX

        BETWEEN:
        XXXXXXXXXX
        Claimant
        - and –
        Defendant
        XXXXXXXXXX

        _________________________________

        WITNESS STATEMENT OF
        xxxxxxxxxxxxxxxxxxxxxx
        _________________________________



        I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

        1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

        2. This claim appears to be for a mobile Telecoms Agreement regulated under the Consumer Credit Act 1974. It is denied that I previously entered into an agreement with EE Limited for provision of credit.

        3. On XXXXXXXXXX I made a written request to the Claimant solicitors, xxxxxxxxxxxxxxxxx of xxxxxx address xxxxxxxxxxxx requesting that the Claimant provides copies of all documents mentioned in the statement of case under Civil Procedure Rule 31.14.[EXHIBIT A]

        4.On xxxxxxxxxxx I received a letter [EXHIBIT B] from the Claimants stating that they have received my request and have forwarded my request to their client and will send it to me once received. But they are under no obligations to provide me with the requested documents

        5. Consumer Credit Act s.78(1) states
        Duty to give information to debtor under running-account credit agreement.(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

        (a)the state of the account, and
        (b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

        (c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.


        6. The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents. The Claimant has not complied with my formal request for the Credit Agreement under s.78(1) and therefore is unable to enforce the debt at this time.

        Statement of Truth

        I,
        XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


        Signed: ________________________________

        Dated:

        Comment


        • #19
          Re: AfroAsh VS Lowell

          Hi AfroAsh

          You certainly seem determined to shoehorn the Consumer Credit Act into your defence of this claim.
          Unfortunately, as has been pointed out (by yourself as well; see post #10),
          my account is an telecommunication account and its not regulated by the consumer credit acts
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #20
            Re: AfroAsh VS Lowell

            Originally posted by charitynjw View Post
            Hi AfroAsh

            You certainly seem determined to shoehorn the Consumer Credit Act into your defence of this claim.
            Unfortunately, as has been pointed out (by yourself as well; see post #10),
            Oops was supposed to delete that part from my WS. I guess that's what happens when I decide to undergo a task with a empty stomach. Thanks for pointing it out

            Comment


            • #21
              Re: AfroAsh VS Lowell

              Hi Guys updated version below thanks in advance again

              IN THE
              XXXXXXXXXXXXXXXXX COUNTY COURT


              Claim No. XXXXXXXX

              BETWEEN:
              XXXXXXXXXX
              Claimant
              - and –
              Defendant
              XXXXXXXXXX

              _________________________________

              WITNESS STATEMENT OF
              xxxxxxxxxxxxxxxxxxxxxx
              _________________________________



              I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

              1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

              2. This claim appears to be for a mobile Telecoms Agreement. It is denied that I previously entered into an agreement with EE Limited for provision of credit.

              3. On XXXXXXXXXX I made a written request to the Claimant solicitors, xxxxxxxxxxxxxxxxx of xxxxxx address xxxxxxxxxxxx requesting that the Claimant provides copies of all documents mentioned in the statement of case under Civil Procedure Rule 31.14.[EXHIBIT A]

              4.On xxxxxxxxxxx I received a letter [EXHIBIT B] from the Claimants stating that they have received my request and have forwarded my request to their client and will send it to me once received. But they are under no obligations to provide me with the requested documents

              5. Civil Procedure Rule 31.15(c). states
              (c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

              6. The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents. The Claimant has not complied with my formal request for the Credit Agreement under the Civil Procedure Rule 31.14 and therefore is unable to enforce the debt at this time.

              Statement of Truth

              I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


              Signed: ________________________________

              Dated:

              Comment


              • #22
                Re: AfroAsh VS Lowell

                Originally posted by AfroAsh View Post
                Hi Guys updated version below thanks in advance again

                IN THE
                XXXXXXXXXXXXXXXXX COUNTY COURT


                Claim No. XXXXXXXX

                BETWEEN:
                XXXXXXXXXX
                Claimant
                - and –
                Defendant
                XXXXXXXXXX

                _________________________________

                WITNESS STATEMENT OF
                xxxxxxxxxxxxxxxxxxxxxx
                _________________________________



                I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

                1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

                2. This claim appears to be for a mobile Telecoms Agreement. It is denied that I previously entered into an agreement with EE Limited for provision of credit.

                3. On XXXXXXXXXX I made a written request to the Claimant solicitors, xxxxxxxxxxxxxxxxx of xxxxxx address xxxxxxxxxxxx requesting that the Claimant provides copies of all documents mentioned in the statement of case under Civil Procedure Rule 31.14.[EXHIBIT A]

                4.On xxxxxxxxxxx I received a letter [EXHIBIT B] from the Claimants stating that they have received my request and have forwarded my request to their client and will send it to me once received. They state in the letter that they are under no obligations to provide me with the requested documents.

                5. Civil Procedure Rule 31.15(c). states
                (c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

                6 .CPR 31.14(1)(a) states
                31.14
                (1) A party may inspect a document mentioned in –
                (a) a statement of case;
                The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents. The Claimant has not complied with my formal request for disclosure of documents under the Civil Procedure Rule 31.14 (*and therefore is unable to enforce the debt at this time.)
                *Where did you get this info?

                Statement of Truth


                I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


                Signed: ________________________________

                Dated:
                ####
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #23
                  Re: AfroAsh VS Lowell

                  @nemesis45 @charitynjw

                  Thanks for all the help guys. I have made the above changes. lowell have now sent me their witness statement attached with a copy of my "last t-mobile bill". From what I can see and correct me if I am wrong it does not mention when the last payment was. In the witness statement they mention that I entered the agreement on the 16th of January 2012 but the bill date attached is from the 7th of December 2012. doesn't make sense that I received a bill before I entered the Agreement does it? they also mentioned in the witness statement that the original agreement is not exhibited a copy was apparently given to me at the outset and that there is no legislation obliging the assignor to keep a copy of the original.
                  Attached Files

                  Comment


                  • #24
                    Re: AfroAsh VS Lowell

                    Have you received notification of a hearing date?
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #25
                      Re: AfroAsh VS Lowell

                      Originally posted by charitynjw View Post
                      Have you received notification of a hearing date?
                      yes it is for the 22nd of march

                      Comment


                      • #26
                        Re: AfroAsh VS Lowell

                        At the very least the Claimant is usually required to send you any evidence they will rely on 14 days before the hearing.
                        It does seem that the bulk of their claim is for the contractual monthly fees, not for airtime.
                        I can't see a problem with
                        they mention that I entered the agreement on the 16th of January 2012 but the bill date attached is from the 7th of December 2012
                        Perhaps you could explain your query/concern.
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #27
                          Re: AfroAsh VS Lowell

                          Originally posted by charitynjw View Post
                          At the very least the Claimant is usually required to send you any evidence they will rely on 14 days before the hearing.
                          It does seem that the bulk of their claim is for the contractual monthly fees, not for airtime.
                          I can't see a problem with

                          Perhaps you could explain your query/concern.
                          My mistake for some reason I read the dates the other way round (Need to go easy on the coffee! lol). going forward Should i update my WS and acknowledge lowell's WS? Also I am thinking to push that they haven't provided the original agreement and thus have no proof that 1. I entered into the agreement and 1. even if I did they lack the proof as to when I entered into it. Please do correct me if am wrong. Thanks

                          Comment


                          • #28
                            Re: AfroAsh VS Lowell

                            Ok

                            When do you have to submit your WS/exchange docs?
                            Can you post up a copy of Lowells WS? (Personal details redacted).
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #29
                              Re: AfroAsh VS Lowell

                              Originally posted by charitynjw View Post
                              Ok

                              When do you have to submit your WS/exchange docs?
                              Can you post up a copy of Lowells WS? (Personal details redacted).
                              WS from Lowell attached as requested. My court date is the 22nd of March if am not mistaken I need to submit my witness statement 14 days before the court date which should be the 8th of march.
                              Attached Files

                              Comment


                              • #30
                                Re: AfroAsh VS Lowell

                                They also attached these as "proof of assignment". But to be fair the 1st letter which looks like its been typed up on word by themselves does not look like a official correspondence from T-mobile
                                Attached Files

                                Comment

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