** Discontinued ** Lowell solicitors ltd Vs ME!

[Amethyst]

Bump, received court date says I need to submit witness statement within a month, not sure what I. Need to do on that if anyone could give me a few pointers I'd be very grateful.

It looks like the court has ordered Lowell to produce all the stuff I asked for in my defence in the meantime, feeling positive about it at the moment I would have thought Lowell would have provided me with what I asked for long ago if they actually had it.... But who knows

Cool - any chance you can do a pic of the letter ? Just to check exactly what it's asking for from both you and from Lowell pls xxx

The main thing you want from them ( well, don't, but they should provide it to be able to get the case through) is the original contract and terms and a decent breakdown of the £499 eatly termination penalty and how it's been calculated.

These mean pretty much nothing - https://legalbeagles.info/forums/fil...tch?id=1398764 and https://legalbeagles.info/forums/fil...tch?id=1398762

Full Month was a 24 month plan. But we have no idea when it was entered into as they haven't told you. Or how you were paying £35 not £42, guessing it's a VAT issue but their bill makes no sense to me.

Have you ever sent a SAR to TMobile btw?

[Fey92]

Amethyst Hi amethyst, I never sent an SAR to T-Mobile, it's probably the only thing I didn't do.

I'm attaching the document I received from the court and then after, I will attach the documents I received from Lowell solicitors today funnily enough, still not really what I asked for as far as I can see.

I've uploaded the images to a hosting site with personal info removed, they may be in a weird order but basically one is what I received from the court last week, and the other was received from Lowell today


https://drive.google.com/folderview?...mhZX3kzQmFsRWM

[Amethyst]

Have you got the schedule from the Tomlin order?

( of course it is only relevant if you want to settle it - which I'd hazard a guess from my next post - you don't just yet)

[Amethyst]

This is nice- 7th March only gives them a month. All they have provided is the notice of assignment ? oh and those two bills, so still have to provide proper particulars of claim...( ha ! ) the date of notice of default or termination, agreement and terms, statement of account, and a copy of the default notice served. Love your Judge

2019-02-05 13_58_44-Start.png

[Amethyst]

Oh, and I wouldn't worry about your WS until after 7th March.

1) the defendant entered into an agreement with T-MOBILE (UK) limited under the account reference xxxxxxxxx ('the agreement') 2) the defendant failed to maintain the required payments and the service was terminated. 3) the agreement was later assigned to the claimant on XX/XX/2016 and notice given to the defendant. 4) despite repeated requests for payment the sum of £565.70 remains due and outstanding. And the claimant claims A) the said sum of £565.70 B) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.124, but limited to one year, being £45.26 c) costs

[Fey92]

Amethyst I have taken a liking to the judge as well! Am I right in thinking she has read my defence and basically ordered Lowell to provide all the documents I asked for? Which they have never once provided throughout the whole process and in their latest letter said they will endeavour to supply said documents shortly lol.

And in regards to the tomlin order it's just literally that one piece of paper they sent, and you say I don't need to worry about a WS until after 7th?

[Fey92]

With the lack of documents from Lowell at this point I'm happy for it to go all the way, as you saw the documents Lowell sent are literally copies of what they sent me ages ago which you already said don't mean diddly

[Amethyst]

Ughhh well the Tomlin Order is agreeing the terms of the Schedule, but there's no schedule so no one could ever sign it .... presumably they're including it to give an idea of what it could be ? who knows....

The order is positive and I really would like to see it be used more - the wording "Because the claim is in respect of an assigned debt..." kind of gives me hope more judges will give similar directions, but maybe we (inc Judges ) are just extra nice round here ( your court is my local court too )

Don't worry about anything until after 7th - you may, or may not, receive a big parcel of stuff from the claimant....and then you'll know a)whether to bother writing a WS and b)what you need to write in the WS to account for the documents they've provided.

Basically - if they don't serve all the ordered documents on you and file them with the court as per the order, by 4pm on 7th March, they SHOULD get struck out.... of course they can apply to avoid the sanction but I think there's nothing for you to be doing for now, just a case of wait and see.

I would quite like you to get the SAR off to TMobile though as a just in case / satsify my own irritation at how they've come up with the £499 termination fee thing.

So just let us know soon as you receive anything, or ring the court on the 8th March....

[Amethyst]

Actually, just have another look at that Tomlin - on your scan there's some paragraphs under it which seem like the schedule... so guessing that's their settlement offer... might be printed on the back or just the pages stuck together ? Looks like the amounts etc might be blank anyway so just a 'template'. Have they given a date to accept by ? ( I bet it's before March 7th if so )

2019-02-06 17_27_33-Start.png

[Fey92]

Hi Amethyst thanks for all your responses and taking time to help me out, yes indeed I'm very pleased with how the judge is approaching the case and it makes me feel quite positive about the outcome, depending on what Lowell can conjure up in the meantime.

I just looked at the Tomlin order there is indeed another part on the back with the amounts being blanked as you said, they have given me 7 days in receipt of the letter to say if I want to apply for a Tomlin order or not, and then a further 14 days to let them know of my intentions with the case, at this point I'm not remotely comfortable making any offers of payment let alone paying a £100 fee to take a Tomlin order when they haven't even supplied me with anything I've asked for, they can work for their money like the rest of us have to!

I'll see if I can upload a photo, scratch that it won't let me it says my photos are too big and I can't re size them

https://drive.google.com/file/d/1teL...w?usp=drivesdk

https://drive.google.com/file/d/1DSq...w?usp=drivesdk

[Fey92]

In the meantime I will SAR T-Mobile, I'm just wondering if its too late at this point though?

[jaguarsuk]

Hi Amethyst thanks for all your responses and taking time to help me out, yes indeed I'm very pleased with how the judge is approaching the case and it makes me feel quite positive about the outcome, depending on what Lowell can conjure up in the meantime.

I just looked at the Tomlin order there is indeed another part on the back with the amounts being blanked as you said, they have given me 7 days in receipt of the letter to say if I want to apply for a Tomlin order or not, and then a further 14 days to let them know of my intentions with the case, at this point I'm not remotely comfortable making any offers of payment let alone paying a £100 fee to take a Tomlin order when they haven't even supplied me with anything I've asked for, they can work for their money like the rest of us have to!

I'll see if I can upload a photo, scratch that it won't let me it says my photos are too big and I can't re size them

https://drive.google.com/file/d/1teL...w?usp=drivesdk

https://drive.google.com/file/d/1DSq...w?usp=drivesdk

To ensure compliance with CPR 27.14 (not that you have too much to worry about with their conduct thus far) I would simply reply within the 14 days stating:

It is my intention in this claim to await the claimants compliance with the order of the court.

Should this matter continue you should make your client aware I intend to ask the court to consider sanction against them pursuant to CPR 27.14 given their unreasonable conduct in this claim to date.

[jaguarsuk]

In the meantime I will SAR T-Mobile, I'm just wondering if its too late at this point though?

No it isn't, sooner you do it the quicker they'll complete it.

[Fey92]

Well after them persisting on for all this time, they have thrown in the towel... They have ceased the court proceedings and issued me a notice of discontinuance, saying their 'client' instructed them to bring the claim to an end.. which im very happy about.
They have zeroed the balance, this is after i sent them the email to let them know I was awaiting them to comply with the order of the court.

Thanks so much Amethyst and jaguarsuk

[MIKE770]

well done to all