**DISCONTINUED!** Claim Form Recieved, Questions!

[m150984]

Re: Claim Form Recieved, Questions!

Cheers buddy, i'll give them a call on friday at 4:01pm

[Amethyst]

Re: Claim Form Recieved, Questions!

Actually, I have found the letter in my bag. The hearing is due to take place at 10am on 8th December and the claimant has until 4pm on 10th November to pay the trial fee or file a properly completed application otherwise it will be struck out (is there anyway to check this has been paid?)

It then says i have to deliver the doucments to the other party that i intend to rely at the hear, no later than 14 days before the hearing.

Super. Yip check if it is paid ( personally I'd wait to check with them till the Monday or Tuesday before wasting an hour on hold to be told they have a backlog )

Some example witness statements are here http://legalbeagles.info/forums/show...ness-Statement if you fancy getting ahead of things ( but bear in mind you might need to amend if suddenly a pile of documents show up!)

[m150984]

Re: Claim Form Recieved, Questions!

Super. Yip check if it is paid ( personally I'd wait to check with them till the Monday or Tuesday before wasting an hour on hold to be told they have a backlog )

Some example witness statements are here http://legalbeagles.info/forums/show...ness-Statement if you fancy getting ahead of things ( but bear in mind you might need to amend if suddenly a pile of documents show up!)

Thanks for you help, i'll wait until monday, no doubt they will have paid it the SOB's

[m150984]

Re: Claim Form Recieved, Questions!

Looks like they have paid the court fee so I have to go to court.

I've found out a bit more information around the debt. My sister had a phone in my name in 2005, the last payment she made was in Feb 2012 just a month after upgrading, she then didn’t make any other payments. The address registered to the account it my mum’s address which I haven’t lived at since 2008 so I never received any letters or bills relating to her late payment. None of this is on my credit file and I haven’t seen any defaults as I’ve always checked my credit file for work purposes.

Lowells still haven’t provided me with their evidence or information about the debt. I only managed to obtain the above information on a phone call with EE, the advisor said she wasn’t supposed to give me this information as the account had been closed sold to another party, but these where the notes on their system. The 2nd SAR I sent will come back invalid again as I used my previous address where I lived from 2009 - 2013, which again isn’t the address on the account.

I'm pretty annoyed now as my sister always claimed to have closed the account down but after speaking to EE she hadn’t.

I don’t really have a leg to stand on now do I?

[warwick65]

Re: Claim Form Recieved, Questions!

So she had a phone in your name and upgraded, again in your name so starting a new contract. She then stopped paying

Have I git that right?

It does put you in an awkward position doesn't it

[m150984]

Re: Claim Form Recieved, Questions!

So she had a phone in your name and upgraded, again in your name so starting a new contract. She then stopped paying

Have I git that right?

It does put you in an awkward position doesn't it

Thats correct, she always paid it. I was under the impression she cancelled it years ago. There's no way i can trasfer the debt into her name if she came to court with me is there?

[Amethyst]

Re: Claim Form Recieved, Questions!

Can you check with your Sister whether she did actually upgrade the phone contract or cancelled it ? Also has your mum's address been receiving letters about this, or has your sister been getting them and sticking them down the back of the sofa ?

[m150984]

Re: Claim Form Recieved, Questions!

She said she didnt upgrade the account, but EE have confirmed she upgraded, paid one more months bill after via direct debit which was to her bank details and then that was the last payment they ever recieved.

My sister said no letters came but this was ages ago and I imagne that they did

[m150984]

Re: Claim Form Recieved, Questions!

Hi All,

I need to submit my witness statement and evidence at the back end of this week, so far i still havent had anything back from Lowell in terms of what they have, so im going with the "I still dont know what this debt is" option. Below is what i have come up with, if anyone has any advice of what else i should add I would be very grateful.

WITNESS STATEMENT OF MICHAEL *********
_________________________________



I Michael **********, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim.

1. On 20^th June 2017, I received a claims form from the County Court Business Centre, Northampton, for the amount of £470.60.

2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued giving me inadequate information to enable me to properly assess my position with regards the claim.

4. The particulars of claim fail to state any details of when the agreement was entered into

5. The Claimants states that the account was assigned from EE Limited (Formerly T-Mobile) to Lowell Portfolio I LTD on 30/09/2014. I do not recall receiving any notice of this assignment.

6. The particulars of claim state that this claim is for “an agreement between the original creditor (EE formerly T-Mobile) and myself to provide financial and/or services and/or goods”. I have no idea what this is.

5. On 21^st June 2017, I contacted the Claimants solicitors [EXHIBIT A] to request for copies of documents pursuant to CPR 31.14 in accordance with CPR 15.5.

7. On 28^th June 2017 the Claimants solicitors replied [EXHIBIT B] to my written request without the requested documents.

8. I have not received any of the documents mentioned in the claimants claim form.

9. The Claimant has mentioned the Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

10. On 16^th August 2017 I sent a Subject Access Request [EXHIBIT C] to EE Limited (formerly T-Mobile) under section 7 of the Data Protection Act to see if they could provide me with any further information around this debt
11. On 19^th September 2017 EE responded to the Subject Access Request [EXHIBIT D] stating they was unable to provide me with any information linked to the account in question due to the address not matching the address on the account.
12. On 1^st November 2017 I sent a second Subject Access Request [EXHIBIT E] to EE which includes my previous address where I lived during Dec 2009 – Dec 2012
1 I have not received any of the documents back from EE as of yet.
16. I would also like to provide a copy of my credit file for the past 10 years [EXHIBIT F] which shows all open and closed accounts I have had over this period, this report shows no accounts with either EE Limited or T-Mobile and no late payments or defaults on any credit agreement/contract I have taken out during this time.

Statement of Truth

I, Michael **********, the Defendant, believe the facts stated within this Witness Statement to be true.

[m150984]

Re: Claim Form Recieved, Questions!

Yes, usually it's about 14 days before the hearing date, but sometimes can be earlier, so best to check the letter. Witness Statement are exchanged, so both yours and claimants will be due to be filed ( sent to court) and served ( sent to other side) on same day.

I'm just about to send my witness statement, would you suggest i send it today or tomrorow via special delivery? Im yet to recieve anything from the other party still. It says on the letter EACH PARTY must deliver to the other party no later than 14 days before the court hearing, 14 days is on Friday. By sending today I worry I may remind them tomorrow send theirs to me. By me doing tomorrow mine will be with them in time, but to late for them to send to me before the 14 days, or doesnt it matter?

[warwick65]

Re: Claim Form Recieved, Questions!

Personally I would send tomorrow, just concentrate on what you have to do
[MENTION=6]Amethyst[/MENTION] [MENTION=5553]charitynjw[/MENTION] any thoughts

[m150984]

Re: Claim Form Recieved, Questions!

Personally I would send tomorrow, just concentrate on what you have to do
@Amethyst @charitynjw any thoughts

Okay perfect, I'll send tomorrow and personally hand my witness statement and evidence into the court as i live a couple of minutes away.

Do you think this is okay for my statement

I Michael ********, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim.

1. On 20^th June 2017, I received a claims form from the County Court Business Centre, Northampton, for the amount of £470.60.

2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued giving me inadequate information to enable me to properly assess my position with regards the claim.

4. The particulars of claim fail to state any details of when the agreement was entered into.

5. The Claimants states that the account was assigned from EE Limited (Formerly T-Mobile) to Lowell Portfolio I LTD on 30/09/2014. I do not recall receiving any notice of this assignment.

6. The particulars of claim state that this claim is for “an agreement between the original creditor (EE formerly T-Mobile) and myself to provide financial and/or services and/or goods”. I have no idea what this is.

5. On 21^st June 2017, I contacted the Claimants solicitors [EXHIBIT A] to request for copies of documents pursuant to CPR 31.14 in accordance with CPR 15.5.

7. On 28^th June 2017 the Claimants solicitors replied [EXHIBIT B] to my written request without the requested documents.

8. I have not received any of the documents mentioned in the claimants claim form.

9. The Claimant has mentioned the Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

10. On 16^th August 2017 I sent a Subject Access Request [EXHIBIT C] to EE Limited (formerly T-Mobile) under section 7 of the Data Protection Act to see if they could provide me with any further information around this debt.

11. On 19^th September 2017 EE responded to the Subject Access Request [EXHIBIT D] stating they was unable to provide me with any information linked to the account in question due to the address not matching the address on the account.

12. On 1^st November 2017 I sent a second Subject Access Request [EXHIBIT E] to EE which included the address I lived at from Dec 2009 to Dec 2012.

13. I have not received any of the documents back from EE Limited as of yet.

14. I would also like to provide a copy of my credit file for the past 10 years [EXHIBIT F] which shows all open and closed accounts I have had over this period. This report shows no accounts with either EE Limited or T-Mobile and no late payments or defaults on any credit agreement/contract I have taken out during this time.

15. In order to have a fair trial, I would like to take this opportunity to ask the Judge if the Claimant could provide me with the information requested in [EXHIBIT A]. As you can see in [EXHIBIT F] I take all my accounts seriously and have never missed any payments on my credit file over the past 10 years. I find it unfair that a third party has demanded money from me but have refused in [EXHIBIT B] to provide any background as to what this money is for. I work for an organisation where a clean credit file is a big factor in our employment, and therefore being threatened with a County Court Judgement by Lowells Solicitors in [EXHIBIT B] has left me feeling very anxious for my job security over the past few months, I feel as if I’m being bullied into making a payment to Lowells for something for which there is no evidence that I have ever had.

Statement of Truth

I, Michael ***********, the Defendant, believe the facts stated within this Witness Statement to be true.

[m150984]

Re: Claim Form Recieved, Questions!

GOOD NEWS.

I litterally just got home to a letter from Lowells Solictors and they have decided to discountue the legal proceedings issued against me, they have lodged a Notice of Discountuance at the Court and asked them to vacate the forthcoming hearing so no attendance will be required by either party.

Over the moon as the court date was the day after my work christmas party and i was planning on going steady so im not a hungover mess in court.

Thanks for all you help and input everyone on this thread

[charitynjw]

Re: Claim Form Recieved, Questions!

Well done! [MENTION=6]Amethyst[/MENTION] @Kati & @warwick65 for info.

[Amethyst]

Re: Claim Form Recieved, Questions!

Ahh that is good news, well done m150984