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* discontinued * Set- Aside Strike Out

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  • #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

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