** DISCONTINUED ** Urgent Assistance Needed

[Mr Bean]

Hello All,

Hope you are all well. I need some advise on my court claim. It is against Lowell Solicitors and they started the court proceeding back in January. I am defending and have reached the point where I will need to provide a case to the courts for final decision to be made by a judge.

[Amethyst]

That means the end of it They can't come back and try again without permission of the court, and unless there are distinct new facts and a different cause of action they won't get permission of the court.

Discontinuance and subsequent proceedings


38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

Guess they liked your Witness Statement.

CONGRATULATIONS xxxxx

If we have helped you we'd appreciate it if you can leave a review on our

Trust Pilot page xxxx

[Mr Bean]

I have received a letter from Lowells Solicitors serving me with a Notice of Discontinuance. Their letter also states that a copy has been sent to the courts.

In the letter they state the following: -

"Our client has instructed us to discontinue this claim and therefore we enclose a copy of the Notice of Discontinuance by way of service upon you.

We have filed the same at Court and have requested that any hearing that may have been listed is vacated.

We confirm that this brings the legal proceedings to an end."

Does this mean that this in the end of this debt, or is it possible that it will be started again at a later date?

[Mr Bean]

Duplicated the last line... my fault for typing it in para 21 so just sort that out then I do think that's all you can do for now, get it sent and then cross your fingers till after the paper hearing …. anything that happens can be dealt with xxxx

I cannot thank you enough for all the efforts you have put into helping me with this witness statement.

I will keep you posted as to the outcome and whatever next steps are required by the courts.

[Amethyst]

Duplicated the last line... my fault for typing it in para 21 so just sort that out then I do think that's all you can do for now, get it sent and then cross your fingers till after the paper hearing …. anything that happens can be dealt with xxxx

[Mr Bean]

Don't forget to post a copy to the Claimant as well as file it with the court.

WITNESS STATEMENT



I, ___________, of __________________________________________________ _ will state as follows;

1. I am the defendant in these proceedings. I make this witness statement in support of my defence in this case. I am a litigant in person.
2. I received the claim in this case in January 2018 from the County Court Business Centre.
3. I was uncertain what the claim related to and following requests for further information (EXHIBIT 1) made to the Claimant, and receiving the claimants response (EXHIBIT 2.1 & 2.2) I submitted my Defence in the case on 23rd February 2018. (EXHIBIT 3)
4. I received a copy of an Order from District Judge Humphrey dated 26th April 2018 (EXHIBIT 4)
5. The order obliged the Claimant to send to the court and to myself the Notice of Assignment, the Default Notice, Evidence that the Assignment and Default Notices had been served on myself, A statement of the Account from the date of its inception.
6. The order gave me, as Defendant opportunity to amend my defence, however I do not believe it was necessary for me to do so and my original defence applies.
7. On 22nd June 2018 I received a Notice of Allocation to the Small Claims Track from District Judge _________ dated 21st June 2018 (EXHIBIT 5)
8. I returned the accompanying form to the court on the 25th June 2018 agreeing to the case to be heard on papers.(EXHIBIT 6)
9. The Claimant’s case appears to be that they have no requirement to provide copies of documents as the account is for telecommunications and not regulated by the Consumer Credit Act 1974.
10. The Claimant states that the Original Creditor states a termination charge of £546.72 represents an early termination fee as incorporated within the Agreement and Terms and Conditions, however has failed to produce a copy of these terms and conditions or the Agreement. These documents are required to assess whether there was any liability to pay any early termination charge.
11. The Claimant has not stated any fixed contract period or term of the alleged Agreement. Without knowledge of the monthly instalment or contract payment due, nor the length of the original contract I am unable to calculate whether this termination charge is correct, or if I am liable for it at all.
12. Referring to the Statement of Account provided by the Claimant there appears to be an invoice for £103.70 dated the 5th October 2011.If, as alleged, the Agreement was for airtime and data, this appears to be an extremely high amount.
13. I have had various airtime/data packages over the years and these are normally in the region of £10-£30 per month with calls and data included. Occasionally calls are made outside of the package which are charged in addition, however for this to reach £103.70 within 5 days of the alleged opening of the account seems unlikely. There was a further invoice for £230 in November, which was also paid by credit card. The statement shows that payments of £1,132 were made by a personal credit card over a 7 month period. I do not have any record of these payments.
14. Therefore, although I have no further details about this alleged debt, I believe that there was likely a loan to purchase a handset included in the package, which would be a regulated credit agreement for the purposes of the Consumer Credit Act 1974.
15. I have sent a subject access request pursuant to the Data Protection Act 2018 to Orange, however I am yet to receive a response. I am hoping that this response may include copies of the alleged invoices, agreement, terms, termination/default and assignment notices which the Claimant seems to be unable to provide.
16. I have sent a request for a consumer credit agreement and CPR 31.14 request to the Claimant and await their response.
17. I dispute having received the letter of claim provided on 5th July by the Claimant - I received a letter of claim from claimant in another matter and replied requesting more information, and would have done the same had you received a letter of claim for the account in dispute (as evidenced by EXHIBIT 7).
18. The only communication I received from the claimant regarding the orange account was at the end of a response from the claimant to my letter (EXHIBIT 8) and I replied to that requesting further information (EXHIBIT 9) and despite offering to provide the said letter again in (Exhibit 10) nothing was actually enclosed. This was pointed out in my response and requested again (EXHIBIT 11). The first time that (EXHIBIT ) this letter was seen was when it was enclosed in the Claimants letter of 5th July 2018.
19. The Claim is denied. The Claimant has failed to evidence their claim. I have tried to obtain further information to be able to assess any liability I might have for the alleged debt however the Claimant has been extremely slow to provide anything, and has refused to provide documents which are necessary to evidence the claim. The documents that have been provided are vague. It appears the Claimant has rushed into litigation to attempt to avoid the alleged debt becoming statute barred which may be an abuse of process. I ask the Court finds in my favour and strikes out the Claimants claim.
20. Should the court find in the Claimants favour I would respectfully request that costs are not awarded against me considering the lack of pre-action communication and delay in providing documents. Had the claimant responded to my request for information with full documentation and details about the alleged debt, court action would not have been required.
21. I thank the court for it's time in dealing with this matter. I believe that the facts stated within this Witness Statement are true.

I believe that the facts stated in this witness statement are true.

Signed: - ___________________

Dated: - ____________________


It seems that when I paste the heading it is all being pasted in the left hand corner of the heading. I have sent it out in accordance the your post above.

[Amethyst]

Don't forget to post a copy to the Claimant as well as file it with the court.

[Amethyst]

(EXHIBIT 3,1-6) Paragraph 3 - not sure what that means - you don't have 6 pages of defence?



Paragraph 11

T

he Claimant has not stated any fixed contract period or term of the alleged Agreement. Without knowledge of the monthly instalment or contract payment due, nor the length of the original contract I am unable to calculate whether this termination charge is correct, or if I am liable for it at all.

Paragraph 19

The Claim is denied. The Claimant has failed to evidence their claim. I have tried to obtain further information to be able to assess any liability I might have for the alleged debt however the Claimant has been extremely slow to provide anything, and has refused to provide documents which are necessary to evidence the claim. The documents that have been provided are vague. It appears the Claimant has rushed into litigation to attempt to avoid the alleged debt becoming statute barred which may be an abuse of process. I ask the Court finds in my favour and strikes out the Claimants claim.

Paragraph 20

Should the court find in the Claimants favour I would respectfully request that costs are not awarded against me considering the lack of pre-action communication and delay in providing documents. Had the claimant responded to my request for information with full documentation and details about the alleged debt, court action would not have been required.

Paragraph 21

I thank the court for it's time in dealing with this matter. I believe that the facts stated within this Witness Statement are true.


Then put the statement of truth and headings as per

[Mr Bean]

Yes, it does need to go in as that was the primary focus of your defence and you failed to amend when instructed by the court so you can't add different legal argument in, hence not going in strongly with the CCA issues on the potential handset credit.

I would certainly make an effort to obtain your credit card statements to show whether or not those payments were made ( not would be better tbh )

Please can you critic this before I send it off.

1. I am the defendant in these proceedings. I make this witness statement in support of my defence in this case. I am a litigant in person.
2. I received the claim in this case in January 2018 from the County Court Business Centre.
3. I was uncertain what the claim related to and following requests for further information (EXHIBIT 1.1) made to the Claimant, and receiving the claimants response (EXHIBIT 2.1 & 2.2) I submitted my Defence in the case on 23rd February 2018. (EXHIBIT 3,1-6)
4. I received a copy of an Order from District Judge Xxxxxxx dated 26th April 2018 (EXHIBIT 4)
5. The order obliged the Claimant to send to the court and to myself the Notice of Assignment, the Default Notice, Evidence that the Assignment and Default Notices had been served on myself, A statement of the Account from the date of its inception.
6. The order gave me, as Defendant opportunity to amend my defence, however I do not believe it was necessary for me to do so and my original defence applies.
7. On 22nd June 2018 I received a Notice of Allocation to the Small Claims Track from District Judge Humphrey dated 21st June 2018 (EXHIBIT 5)
8. I returned the accompanying form to the court on the 25th June 2018 agreeing to the case to be heard on papers.(EXHIBIT 6)
9. The Claimant’s case appears to be that they have no requirement to provide copies of documents as the account is for telecommunications and not regulated by the Consumer Credit Act 1974.
10. The Claimant states that the Original Creditor states a termination charge of £546.72 represents an early termination fee as incorporated within the Agreement and Terms and Conditions, however has failed to produce a copy of these terms and conditions or the Agreement. These documents are required to assess whether there was any liability to pay any early termination charge.
11. The Claimant has not stated any fixed contract period or term of the alleged Agreement.
12. Referring to the Statement of Account provided by the Claimant there appears to be an invoice for £103.70 dated the 5th October 2011.If, as alleged, the Agreement was for airtime and data, this appears to be an extremely high amount.
13. I have had various airtime/data packages over the years and these are normally in the region of £10-£30 per month with calls and data included. Occasionally calls are made outside of the package which are charged in addition, however for this to reach £103.70 within 5 days of the alleged opening of the account seems unlikely. There was a further invoice for £230 in November, which was also paid by credit card. The statement shows that payments of £1,132 were made by a personal credit card over a 7 month period. I do not have any record of these payments.
14. Therefore, although I have no further details about this alleged debt, I believe that there was likely a loan to purchase a handset included in the package, which would be a regulated credit agreement for the purposes of the Consumer Credit Act 1974.
15. I have sent a subject access request pursuant to the Data Protection Act 2018 to Orange, however I am yet to receive a response. I am hoping that this response may include copies of the alleged invoices, agreement, terms, termination/default and assignment notices which the Claimant seems to be unable to provide.
16. I have sent a request for a consumer credit agreement and CPR 31.14 request to the Claimant and await their response.
17. I dispute having received the letter of claim provided on 5th July by the Claimant - I received a letter of claim from claimant in another matter and replied requesting more information, and would have done the same had you received a letter of claim for the account in dispute (as evidenced by EXHIBIT 7).
18. The only communication I received from the claimant regarding the orange account was at the end of a response from the claimant to my letter (EXHIBIT 8) and I replied to that requesting further information (EXHIBIT 9) and despite offering to provide the said letter again in (Exhibit 10) nothing was actually enclosed. This was pointed out in my response and requested again (EXHIBIT 11). The first time that (EXHIBIT ) this letter was seen was when it was enclosed in the Claimants letter of 5^th July 2018.

[Amethyst]

Yes, it does need to go in as that was the primary focus of your defence and you failed to amend when instructed by the court so you can't add different legal argument in, hence not going in strongly with the CCA issues on the potential handset credit.

I would certainly make an effort to obtain your credit card statements to show whether or not those payments were made ( not would be better tbh )

[Mr Bean]

Just say you dispute you received the letter of claim provided on xxxxx July by the Claimant - you received a letter of claim from claimant in another matter and replied requesting more information, and would have done the same had you received a letter of claim for the account in dispute ( as evidenced by exhibit x )

The only communication you received from the claimant regarding the orange account was at the end of a response from the claimant to your letter ( exhibit x) and replied to that requesting further information.

So all this can go at the end of the statement as points 16 and 17?

[Amethyst]

Just say you dispute you received the letter of claim provided on xxxxx July by the Claimant - you received a letter of claim from claimant in another matter and replied requesting more information, and would have done the same had you received a letter of claim for the account in dispute ( as evidenced by exhibit x )

The only communication you received from the claimant regarding the orange account was at the end of a response from the claimant to your letter ( exhibit x) and replied to that requesting further information.

[Mr Bean]

Have you been through and amended where necessary?

Need to make sure it tells the judge the whole case from your side , all the judge has seen so far is your defence so everything needs to go in the witness statement ... I haven't put about the pre action letter so you'll need to put that and also expand on the letters you have sent ( so cca cpr 31.14 sar prove it letter etc ) and replies you've received and why they don't evidence that you owe the debt to them or to Orange etc

I've amended where you have left notes to amend, but nothing else.

I was thinking of telling about the information I clarified to you in point number 2 and then moving everything down, but to be honest, I don't understand most of the other stuff in there.

Would I need to add further points to tell about the Pre-Action letter and how would I word that, or should I say it like it said it to you?

[Amethyst]

Have you been through and amended where necessary?

Need to make sure it tells the judge the whole case from your side , all the judge has seen so far is your defence so everything needs to go in the witness statement ... I haven't put about the pre action letter so you'll need to put that and also expand on the letters you have sent ( so cca cpr 31.14 sar prove it letter etc ) and replies you've received and why they don't evidence that you owe the debt to them or to Orange etc

[Mr Bean]

Ahhh ( you redacted the creditor name lol ) ok make sure you explain that and include unredacted copies of that.

Weird how how they've taken court action on the orange one and not the 02 one.

you can can email it to the court but post a copy to the other side

Is there more that needs to be put onto my Witness statement before I send it off?