** DISCONTINUED ** BT + Lowell vs me Couty court buisness centre claim

[sarsons]

Is there an order for you to send in documents / exchange witness statements etc in that notice of transfer ?

The order you had

doesn't mention a hearing or any directions ? is there something else with it ? or you've received another order from the court after that one?


be useful to know what that order says.

Hi sorry for the late reply today has been crazy busy

I got a notice of allocation to small claims track (hearing)

Point number 6 each party must deliver to the other party and to the court office copies of all documents on which the party intends to rely

Well I have no documents as I don't recognise the account they claim I owe for and they haven't sent me any documents to prove I owe the money

Along with any witness statements

Thanks

[sarsons]

Here's a copy of the letter with the dates and personal information taken out

[Amethyst]

From your side then it'll be your witness statement which will go through your defence , that you sent reasonable requests for information and the only response has been that letter saying not cca regulated, a bit about this...

"Hello, looking at my Noddle account i cannot find this debt with the agreement number, i do remember having a BT account but after talking to them regarding losing my job they agreeed to cancel the account with just a small payment owed"( which you paid as you recall certainly nothing like £400 etc)

... no default or termination, nothing further from BT since paying last, require full breakdown of how the alleged debt has arisen and terms and contract on which it is based. Attach as exhibits the letters you have sent and received - any email/ letter from bt when you closed the account ?

What actually was the bt account for - line rental / phone / broadband / tv / mobile or a mix ? any devices ? It's likely multiple accounts have been held with by over the years and the claimants have given very little info to assist.

basically, as there is a big fat doubt over what this debt is, show the court that.

Whens it need to be in by ?

[sarsons]

Whens it need to be in by ?

Thanks for the reply

22nd, I never seem to get letters in time to do much, it's dated end of last month but only got it 3-4 days ago

[Amethyst]

Blimey okay, best get a chivvy on ... Examples for layout and content here - https://legalbeagles.info/forums/for...ness-statement - must contain the claim number and header, numbered pages, numbered paragraphs and full name and address in the first line, and end with the statement of truth ( just to ensure compliance with the order ) - a copy needs to go to the court and to the claimant and really, it'll need to be sent first class tomorrow latest.

Witness Statement is in the first person, so 'I' not ' the Defendant'.

eg:

3: On the 1st February 2019 I sent by recorded mail a request for a copy of the agreement on which the claimant intends to rely in bringing their claim (Exhibit A).

4: On 3rd February 2019 I received a response from the Claimant ( Exhibit B ) which stated " quote from letter "

Basic word template doc attached if it helps - happy to look over any draft etc.

Exhibits would be attached to the back and write EXHIBIT A etc in the top right hand corner of each.

[sarsons]

thanks for the template im gonna send the draft via pm

[pt2537]

You must ensure you file AND SERVE your evidence on time, even though its small claims the rules will leave you exposed if you dont, so make sure the statment with any exhibits is with the Court and Claimant on time

[Amethyst]

It's nigh on done so should be okay to get in the post by 4 if you can get it finished off, printed x2 and the exhibits attached on time.... If you can go to the post office and send special / recorded post to the court and to Lowell Solicitors that would be a good idea to ensure it arrives on time.

[Amethyst]

Claim discontinued

[jaguarsuk]

Claim discontinued

Excellent

[Amethyst]

Bit pished about the special delivery costs for the witness statements .... lol. Don't think it's quite worth a wasted costs application though.

[pt2537]

Take it and run i say, no point going for costs at this stage