* discontinued * Set- Aside Strike Out

[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.

[Tennessee]

Attached an example/starting point for the Witness Statement so you can see how it should be formatted >>> tenessee witness statement.doc. I cannot access this. Can you send it to my email I used to send the documents.

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 )

Ok is that separate document that goes with the statement of truth. DJC asked if I had any paperwork from the company mobile phone purchased from. I have nothing. That was what got me angry yesterday. Lowell’s Solicitor kept saying it was my Debt. It was in my name when I rang O2 to inform them it was a stolen phone. They said ring police. Hence all the people that got involved. O2 didn’t do anything. They didn’t even cancel the account. Hence I informed bank they said. Well stop the direct debit.


Do you have a copy of the original particulars of claim ? Explain. What your looking for.
I HAVE NEVER BEEB SERVED DOCzuMENTs. For court. I. Had to contact CCBC Northampton to get the judgement without documents. Is that what you need

[Tennessee]

1. I do not know where it was purchased
2. I have no original court documents
3. I’ve had to investigate this myself.
4. Accordingly. Judge stated that this was new information and that I should have had paperwork
5. I was told that being out of the country didn’t stop me sending documents back. My argument I was out for 2.7 yrs
6. I have email from May from CCBC Northampton.

[Tennessee]

Amethyst.

I have never received a contract for phone. I’ve never had used the handset. I dint know until Lowell sent the letter what phone it was. I didn’t know what tariff or how much. I do know I stopped the bank debit in December when I found out it was stolen. I also have no clue what phone number was. My phone number at the time was 07816971760. It’s no longer in use hence I’ve expressed it.

[Tennessee]

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

The formal application was submitted by me. I submitted it on the basis I wasn’t in UK when Documents was sent to me. I submitted the set aside on the letter I sent to you the N244 had the sections of CPR that I’d relied upon

i also sent 3 emails to Lowell’s Solicitors stating it was in dispute. They say they never received them but I sent them. Got dates n times to prove it. I also informed judge this isn’t the first firm of DCA to come for this money

Moorcroft was the second or third. They just stopped contacting. I argued with Lowell’s prior to hearing that it’s a debt that’s been sold on for pennies.

im going back six years. I have no other documents. I do know that 02 refused to contact police. The quote I got from police. It’s their contract their item they have to report it. So I took it to Action Fraud and Trading Standards. That’s when I looked at my bank statements till then I wasn’t aware. Why would I when I had my orange/EE account.

[Tennessee]

Judge stated yesterday it was a FUNDAMENTAL breach of law and he’d be derelict in his duty if he didn’t allow me to rectify it. I simply wanted it set aside. Hence the backtracking of investigation. I have no paperwork.

[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 ? The latter. I wasn’t aware money was going out of my account until I queried it. And stopped the payment at bank.

That's an easier argument. It doesn't come across very well in the statement you've written so we will make it clearer in your defence.

[Amethyst]

Judge stated yesterday it was a FUNDAMENTAL breach of law and he’d be derelict in his duty if he didn’t allow me to rectify it. I simply wanted it set aside. Hence the backtracking of investigation. I have no paperwork.

From the notes the judge seems to have been saying that Lowell needed to provide evidence that it was your debt (Because he believes you about the phone having been taken out fraudulently ) and that it wouldn't be in the interests of justice just to strike out your application because of your failure to put the statement of truth. Hence giving you another chance.

[Amethyst]

Anyway, can you see what I mean about the witness statement?

Really you need a witness statement as to why the judgement should be set aside and part of your argument for setting aside the judgement ( As well as that you were overseas at the time of the claim) is that you have a reasonable chance of success with your defence. So you also want to write a draft defence which Will be about the fraud & lack of documentation from the claimant.

[Tennessee]

That's an easier argument. It doesn't come across very well in the statement you've written so we will make it clearer in your defence.

DJC asked Lowell legal bod if he had contract, the assigned documents. Judge asked me the same. That’s when I told Judge that Lowell’s wasn’t the first DCA to come calling for money

I have Lowell’s papers too 12 pages. Do you want them also. I’ve nothing from to court. Only what I submitted

[Tennessee]

From the notes the judge seems to have been saying that Lowell needed to provide evidence that it was your debt (Because he believes you about the phone having been taken out fraudulently ) and that it wouldn't be in the interests of justice just to strike out your application because of your failure to put the statement of truth. Hence giving you another chance.

Yes I think so ..Judge wasn’t convinced he asked if I had any evidence. When I stated that it’s been with other DCA Judge said that it’s not for me to prove but for them to provide evidence against. I feel like I’m doing their job. They are not going to suddenly provide contract. It’s been 5/6 years

[Tennessee]

From the notes the judge seems to have been saying that Lowell needed to provide evidence that it was your debt (Because he believes you about the phone having been taken out fraudulently ) and that it wouldn't be in the interests of justice just to strike out your application because of your failure to put the statement of truth. Hence giving you another chance.

So I’m writing three. Any pointers. Can you provide examples. It was established that he doesn’t expect O2 to suddenly come up the contract I’ve requested it before. I’ve literally had nothing. Except for one letter per year.

There has has been no money paid to O2 since December. It was only because I had been away in the states 8 weeks that I noticed I’d missed an amount of money. My bank account has been fraudulently compromised before after a long break in US. Hence the shutting down of the access to my account

[Tennessee]

December 2014. I’ve recently been told that 02 used to hide a contract within a contract. Prior to the Law change

[Tennessee]

Hi Amethyst. Is it just the document you sent me I need to do. Can I send it to you for a look over

[Tennessee]

From the notes the judge seems to have been saying that Lowell needed to provide evidence that it was your debt (Because he believes you about the phone having been taken out fraudulently ) and that it wouldn't be in the interests of justice just to strike out your application because of your failure to put the statement of truth. Hence giving you another chance.

Amethyst. So am I just doing the statement of truth or providing other documents
can you please help. I’m not sure what I’m supposed to be doing