* discontinued * Set- Aside Strike Out

[Tennessee]

I’m a no. Habitual resident tried to open uk bank account. That’s how all this started. Was advised to check my credit history. Up till now I’ve had good credit. That’s when I started doing my own investigation. I made the mistake of contacting Lowell’s advisors re their chase me letters. Lost my temper with the male advisor who said. I’ve stated it’s fraud. That’s when 21 days later I get notification that they had checked the account online.
The paralegal today said that there will be no record of contract. What then. What will Judge do

my parent lives in US I need to travel between both countries freely. That’s why I’m NHR. Plus I worked abroad since June 15 to November 17. Before that 2013/2014. And midway 2014 spent it in USA up 89 days

no I’m not bothered re the credit. Not on electoral register. So it no bother. I just didn’t want another court amount to pay back. Living of 1.84 ain’t no fun. Hence my coming here today.

I was doing so well too. Northampton helped. They explained that setting aside because I was out of country. Then Lowell’s started saying I can’t prove I was away that long. I actually proved it. When I said that those docs of my ID from UAE were proof of residency he conceded.

Im just angry that I’m having to defend something I’ve not had nor paid for

[Tennessee]

By law I’m not allowed to enter into any repayments knowing that I have no disposable income.

[Amethyst]

It hasn't been noted brilliantly as there was some discussion around it but the upshot is it does appear to be a Costs order against you. The court should send out a written order anyway.

A CCJ is civil not criminal so shouldn't affect you going to the US. What kind of visa is it ?

So have you been to Citizens Advice about your insanely low income and they've said there's nothing you can do ?

[Amethyst]

By law I’m not allowed to enter into any repayments knowing that I have no disposable income.

Indeed but you provide your income and expenditure and an instalment amount is set ( at zero or £1 etc )

[Tennessee]

Ok so when I get court notification I just state 0. And that’ll determine how much I’ll pay back

[Tennessee]

Trying to change it from visitor to F1. But I’ve needed to clear up issues working abroad created. Been a nightmare. I’m a non existent statistic in my own country

[Tennessee]

Citizens A were useless. Upshot of it is I get no benefits from nowhere. I get enough to pay a court order on CT of 3.90 per week leaving me 87p per week. I’m ready to throw in the towel. I thought I had sussed it when I got today’s court hearing. Appears a missed a fundamental bit of my N244. That’s even more maddening. I wasn’t happy that I was angry going into court after being hijacked... he said all along that it wouldn’t get set aside.

I told the the judge I had no money to pay he said I’m helping you. Get the statement of truth done. I am aware you have no income. So if he knew why award wasting time costs against me. Can I argue these in my statement

[Tennessee]

I’ve been out of UK non EU so therefore I fall foul of this residency proof issue.
Ive had enough now. Today’s debacle set me over the top

[Amethyst]

Can you just confirm pls if you took out the phone contract and then the handset was stolen, or if someone else took out the phone contract using your details ?

[Amethyst]

Attached an example/starting point for the Witness Statement so you can see how it should be formatted >>> tenessee witness statement.doc

You also need to do a draft defence ( which will be the stuff about why you didn't have a contract, that Lowell haven't provided any evidence of a contract, and about the ID fraud issues you had - basically its the defence as you would submit if you succeed in getting the judgment set aside )

Do you have a copy of the original particulars of claim ?

[pt2537]

Was a formal application made? And is there an order for directions? Im really having difficulties following this thread

[Amethyst]

Yes a formal application was made on n244 with fee remission.

Ill type up the directions from the notes ( no order from the court as yet as the hearing was only yesterday - judgment holder I think wanted application struck out due to no statement of truth but judge has ordered applicant to rectify )

[pt2537]

Yes a formal application was made on n244 with fee remission.

Ill type up the directions from the notes ( no order from the court as yet as the hearing was only yesterday - judgment holder I think wanted application struck out due to no statement of truth but judge has ordered applicant to rectify )

Oh, ok , so they have another bite of the cherry.

[Amethyst]

From the notes...


File & Service within 14 days by 23/7/19 - all matters want court to know about
- details of date spoke to police / fraud etc - who spoke to / what you heard / details of conversations / any documents with statement of truth signed and dated with name and address

Hearing adjourned part heard to 1st available date (45 mins )

Defendant by 4pm on 23/7 to file and serve.

Claimant have leave to file further statement in reply by 4pm on 6/8/19

And on the costs bit... '
Claimant rep: £120 wasted costs application for my time here today
Defendant: Object as no money.
Judge: adjourning as you producing new evid. today for first time. Not fault of claimant.
Satisfied making order - claimant pay - asks of £120 - 14 days for payment"

( which isn't great note taking so really have to wait for the order - could have considered adjourning costs then changed mind and made order - not sure - and think as it was an application the notetaker confused who was claimant)

[Tennessee]

Can you just confirm pls if you took out the phone contract and then the handset was stolen, or if someone else took out the phone contract using your details ? The latter. I wasn’t aware money was going out of my account until I queried it. And stopped the payment at bank.