Me V Lowell - Can someone help me with my witness statement!!!

[diabla]

Can anyone help me, please?

I am due to appear at the county court on the 1st of August 22, therefore I need to write my witness statement. I have read it needs to reach the court 2 weeks prior to the hearing, and I would really appreciate some advice.

The claim is regarding a Very catalogue account, the details Lowell has produced are generic.

I am sure I have never signed an agreement, however, if they say I signed via E-signature, can I insist on proof of the digital audit trail?

I hope someone can help me as I have never been to court, and I don't know the procedures

Thank you

[atticus]

https://legalbeagles.info/forums/for...ess-statement/

And yes, you may request that evidence.

[diabla]

Thank you for the template link!

Once I have completed my witness statement, would you possibly be able to proofread it for me?

[diabla]

Good Morning Atticus,

Thank you for your previous advice, for which I am very grateful.

I have read lots of your posts etc, and I can see you are very knowledgeable regarding consumer law, therefore may I please ask your advice on some points contained in the witness statement I have received from Overdales, which are as follows;

No Notice of assignment was included, it was alluded to (sent on this date) but no copy or even a screenshot, do they have to have sent this to comply?

They have mentioned in a large paragraph, that they refuse to send me a copy of the "Deed Of Assignment" which I have never requested?

Default Notice: Screenshot saying copy sent, however, to generate a letter, a copy would have had to be physically generated and if they don't, have a saved electronic copy on their system, it must have been deleted, why would they do that. Also, would possibly still be held on their drive/system (recoverable) if it was ever sent!! Does a screenshot suffice?

They have included, a "Without Prejudice" offer from me. I thought a without prejudice cannot be used in court as evidence?

Sorry, one more question Should mention the request for the digital audit trail?

If you can advise me, I would be extremely grateful!

Thank you

[atticus]

1. the default notice. All you can do is press them on this. Obviously it is for them to prove.

2. WP correspondence should not be included. Ask the judge to exclude it.

3. Request for audit trail. Yes, I can think of no reason why not.

[diabla]

1. the default notice. All you can do is press them on this. Obviously it is for them to prove.

2. WP correspondence should not be included. Ask the judge to exclude it.

3. Request for audit trail. Yes, I can think of no reason why not.

Thank you.

Should they have sent a "Notice of assignment" ? Can they proceed without it? I will mention it in my WS

Do you think a screenshot stating "Default Notice Sent" would be suffient for a judge?

Should I mention the audit trial in my WS or wait until the day?

Sorry, I'm so worried, I didn't know I had to do a WS, only got one day to complete it !!

[atticus]

1. press on this in statement and hearing.

2. They will need to persuade the judge.

3. both.

And read up now on the remaining procedure!

[diabla]

1. press on this in statement and hearing.

2. They will need to persuade the judge.

3. both.

And read up now on the remaining procedure!

Thank you, so much I will add the above to the statement when I finish work, and get the children's dinner and homework done, so stressed

I will read up on the procedures after I have completed the WS, there is so much to absorb, it's going to be a late one for me.

[diabla]

1. press on this in statement and hearing.

2. They will need to persuade the judge.

3. both.

And read up now on the remaining procedure!

Good Afternoon,

Just a quick update, Overdales have emailed the documents to be used in the case, I have noticed the reconstituted copy of the default notice, which has someone else's details, has been badly edited, and I can see their details, (GDPR Data Breach) can they really use this?

Overdales could have amended an existing letter, rather than Shop Direct sending a confirmed template.

Copy attached

[dslippy]

Stick to the essentials. Are they saying wrongly that this is your notice, or that it is an example showing what you would have received?

[diabla]

Stick to the essentials. Are they saying wrongly that this is your notice, or that it is an example showing what you would have received?

A copy of what I would have received I presume, as they say, it is a "reconstituted" copy