• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

* discontinued * Set- Aside Strike Out

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #61
    Have you received the order from the court yet ? Might be worth checking on Monday if they have typed it up / sent it out to you.

    You need to do a Witness Statement and a Draft Defence, both signed with a statement of truth. The Witness Statement is along the lines of the example I sent you - to this you would attach your evidences that you were out of the country, both at time of the contract being taken out and when the court claim was issued.

    The Draft Defence is basically the same but answers the claim - showing the court that you have a reasonable prospect of success. Layout wise the same as the example I sent you but changing Witness Statement to Draft Defence, and ensuring you have the statement of truth signed at the end.

    So the documents you submitted you want to separate the issues as they all got muddled up a little - one(the Witness Statement) saying you want the court to set aside the judgment because you were out of the country and were unable to defend, and had you been able to defend you would have had a good chance of success.... and the other is your defence to the claim ( so the contract wasn't taken out by you, O2 were informed and cancelled the contract, Action fraud / Police involved etc - that the claimant hasn't provided any evidence of the agreement etc ).

    Statement of Truth is NOT a document or anything it is simply signing off any documents you submit by saying you confirm it is true. It is literally that sentence at the end, just before the Signed / Dated bit, of the Witness Statement example I sent you over.

    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #62
      Originally posted by Amethyst View Post
      Have you received the order from the court yet ? Might be worth checking on Monday if they have typed it up / sent it out to you.

      You need to do a Witness Statement and a Draft Defence, both signed with a statement of truth. The Witness Statement is along the lines of the example I sent you - to this you would attach your evidences that you were out of the country, both at time of the contract being taken out and when the court claim was issued.

      The Draft Defence is basically the same but answers the claim - showing the court that you have a reasonable prospect of success. Layout wise the same as the example I sent you but changing Witness Statement to Draft Defence, and ensuring you have the statement of truth signed at the end.

      So the documents you submitted you want to separate the issues as they all got muddled up a little - one(the Witness Statement) saying you want the court to set aside the judgment because you were out of the country and were unable to defend, and had you been able to defend you would have had a good chance of success.... and the other is your defence to the claim ( so the contract wasn't taken out by you, O2 were informed and cancelled the contract, Action fraud / Police involved etc - that the claimant hasn't provided any evidence of the agreement etc ).

      Statement of Truth is NOT a document or anything it is simply signing off any documents you submit by saying you confirm it is true. It is literally that sentence at the end, just before the Signed / Dated bit, of the Witness Statement example I sent you over.
      Hi Amethyst. I’ve received NO court order. Was told that it was a waste of time order for 02.
      Was told get your documents in by Tuesday 25

      Im muddling this up. It’s 3 separate documents with different things. Can you help me pls.

      Comment


      • #63
        Just to follow up received the orders
        failed to pay £120 by 4pm today. No money. God knows where he thought I had money

        so what’s next

        Comment


        • #64
          Hi Amethyst. Have received nothing from Lowell’s Solicitors. They failed to provide the necessary contract by 23 July. I’m awaiting their response to my Witness Statement and Defence.

          Will Lowells respond or will they now drop the case

          spoke to a step2change advisor re another matter. He stated worked for a Lowells and said that if I openly stated that they’d bought the debt in court they’d back off. Is that true.

          Comment


          • #65
            Help please. I’ve received a supplementary witness statement from a paralegal at Lowells Solicitors

            they have no contract. Neither will they accept my witness statement and evidence re the contract fraud.

            No payment has has been made to this since 12 weeks of the fraudulent contract being taken out.

            help

            Comment


            • #66
              Tenessee has now been successful at obtaining a set aside and subsequently the claim was discontinued by Lowell. Well done Tenessee for persevering and getting through the hearing and masses of paperwork involved The right result in the end.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #67
                Amethyst. It’s proof that if you research, email people in the know. Listen to people, you too can get things done.
                I must Thankyou and the knowledgeable people.... it can be done.

                Comment

                View our Terms and Conditions

                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                Announcement

                Collapse
                1 of 2 < >

                SHORTCUTS


                First Steps
                Check dates
                Income/Expenditure
                Acknowledge Claim
                CCA Request
                CPR 31.14 Request
                Subject Access Request Letter
                Example Defence
                Set Aside Application
                Directions Questionnaire



                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                NOTE: If you receive a court claim note these dates in your calendar ...
                Acknowledge Claim - within 14 days from Service

                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
                2 of 2 < >

                Support LegalBeagles


                Donate with PayPal button

                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                See more
                See less

                Court Claim ?

                Guides and Letters
                Loading...



                Search and Compare fixed fee legal services and find a solicitor near you.

                Find a Law Firm


                Working...
                X