** discontinued ** Need Help to write a Witness Statement #Amethyst

[Lawangeen]

Thank you Amethyst for your quick response.
I do not recognise or remember all of the three numbers.
As we see that the package/Bundle amount changes hugely from Oct to Dec but I do not recall why that was.
Also the statements seem vague to me and as I said earlier that they did not provide me with the docs mentioned in my defence.

[Lawangeen]

#Amethyst

[Lawangeen]

In my defence as mentioned above, I admitted an agreement entered in April 2014 but it was only for one mobile hardware plus airtime.

I have received a court hearing papers and Lowell Solicitors witness statements. #Amethyst

[Amethyst]

Does Lowells witness statement include any documents or mention the three different numbers/devices?

Are you still certain that you only had one number?

What date is the first statement that has the reduced monthly amounts showing on? Dec 16 is 35 months after contract start if that was the first reduction.

These kinds of queries justify your request for copies of the agreement/s.


Your witness statement wants to go through how you see things, chronologically... so along these kind of lines just by way of example.

In April 2014 I visited a Vodafone shop and purchased a phone with a airtime.data contract. This had the number 07 xxxxxxxxx. The handset was on credit terms over 24 months and I paid £xxx by Direct Debit per month for xx months. I do not have a copy of the agreement (and do not recall being given a copy at the time).

In XXX 2018 I telephoned Vodafone to cancel the service because xxxxxxxxxxxxxxx. They told me the account was paid up to date and that the phone was mine to keep as the credit element of the agreement had been repaid in full.

In November 2018 I received a letter from the Claimant stating...

and so on...theres some examples in the below link

Witness Statements

[Lawangeen]

Thank you for your reply. I am gonna upload their witness statement when I get home.

[Lawangeen]

Hi Amethyst
Please have a look at attached LS Witness Statement including documents.
And the Exhibit IP1 is the statements already posted above from Post 6 to Post 14.
Except address on first P#2 ( Post # 6 ) bill date 17 Feb 2016, I have never resided at the address given on the bills from 17 march 2016 to 17 Jan 2017. They did not provide me full statements of account since agreement date April 2014.
On the bill date 17 Dec 2016 balance jumps from 859.20 to 2237.29 on P # 45 ( post # 13) and If you could please see their baseless reason in their Witness Statement.
Also, I was a victim of the fraud on my identity in july 2014 and I still have Action fraud ref number. In March 2016, I again identified another fraud on my identity and emailed again to Actionfraud.
I highly appreciate your help. Thank you
#MIKE770 #Amethyst

[Amethyst]

Ok all of that wants to go in your witness statement - just going to fire up laptop to open the pdf xx

[Amethyst]

I can't get the PDF to open unfortunately. Presumably the jump in £££ is where the accounts were terminated and the termination fees added ?

Does Lowells witness statement include any documents or mention the three different numbers/devices?

Are you still certain that you only had one number?

What date is the first statement that has the reduced monthly amounts showing on? Dec 16 is 35 months after contract start if that was the first reduction.

These kinds of queries justify your request for copies of the agreement/s.


Your witness statement wants to go through how you see things, chronologically... so along these kind of lines just by way of example.

In April 2014 I visited a Vodafone shop and purchased a phone with a airtime.data contract. This had the number 07 xxxxxxxxx. The handset was on credit terms over 24 months and I paid £xxx by Direct Debit per month for xx months. I do not have a copy of the agreement (and do not recall being given a copy at the time).

In XXX 2018 I telephoned Vodafone to cancel the service because xxxxxxxxxxxxxxx. They told me the account was paid up to date and that the phone was mine to keep as the credit element of the agreement had been repaid in full.

In November 2018 I received a letter from the Claimant stating...

and so on...theres some examples in the below link

Witness Statements

As per the above really. State that you have not seen those invoices before and do not know of those numbers. Point out the statements are addressed wrongly after Feb 16 despite your not having moved and that you simply paid your £25 a month contract for x months. Say that on xxxx date you discovered ID theft and reported it to action fraud ( say what/how you discovered the ID theft ) - give any reference number. Also say how you cancelled the contract after your 24 months. If you have any evidence of the £25 payments that might be helpful too.

It looks like after you set up your account, someone else managed to add two further contracts with devices to the account and change the address and never paid them.... that would make sense I think, but you will have to spell that out in your witness statement.

Did you SAR Vodafone ? Asking them how those other two numbers were set up might be an idea as well.

[Lawangeen]

Yes I have already sent SAR to Vodafone but did not get their response back. I am gonna email you their Witness statement along with their other documents.

[Lawangeen]

Could you check it now. Hope the pdf gonna open now. By the way I am gonna email it to you as well

[Amethyst]

Got it - those terms are dated 2011 and seem a tad vague to me. There's nothing specific to 'your' account at all and there's no justification of the termination charges when it isn't even stated how long the contract was over.

Most of it is what Lowell sent you ( wrong address?) so not hugely relevant to the original account. Plus the £800 odd is stated as airtime and by the looks of some of the bills it was airtime AND devices.

Put it in your WS that you have SAR'd Vodafone to no avail.

You have to draw into doubt that you had those other numbers at that address.

No default / termination notices are there ?

[Lawangeen]

Thank you. I am gonna draft WS in a while.

[Lawangeen]

In the county court at xxxxxx Claim no: xxxxxx
Between:
Lowell Portfolio I Ltd Claimant
And
xxxxxxxxxxxxxxx Defendant
Witness Statement of xxxxxxxxxx
I, xxxxxxxxxxxxxxxxxxx,xxxxxxxx, being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of my defence in this claim which is due to be heard on xxxxxxxxx County Court.
2. The matters set out below are within my own knowledge, except where I indicate to the contrary.
3. The particulars of the claim state that “The defendant entered into an agreement with Vodafone under account reference xxxxxxx” but it is not mentioned that there are three different numbers which cover airtime data and/or handset. Therefore, their alleged claim is vague.
4. I admitted that in April 2014, I entered into an agreement with Vodafone and that agreement was for a handset and airtime data for a period of 24 months. This had the number 07xxxxxxxxx. I made monthly payments on time towards the account for 24 months. . I do not have a copy of the agreement and do not recall being given a copy at the time.
5. On completion of the 24 months agreement, I called Vodafone to cancel the service as I was not interested to continue with them because of their poor network and hidden charges. They told me the account was paid up to date and that the phone was mine to keep as the credit element of the agreement had been repaid in full.

1. In November 2018 I received a letter from the Claimant stated the alleged debt without any proper supporting documents Exhibit “A”.

1. In December 2018 I replied and submitted request via recorded delivery along with a postal order in sum of the statutory fee of £1 pursuant to S. 77-79 of the consumer credit act 1974 for copies of the agreement, copies of all statements since inception of the account, in order to assess the breakdown of the alleged debt and to enable me to properly assess my position with regards the claim. Exhibit “B”.

1. The claimant’s Solicitor failed to provide me the requested documents and simply stated in their reply dated December 2018 that this is a former telecommunications matter it is not regulated by the Consumer Act 1974. Exhibit “C”

1. As I stated above on point 4 that the agreement provided both the handset and airtime data. Therefore, this agreement is regulated by the Consumer Credit Act 1974. “As the Hardware of mobile phone is covered by the CCA 1974 just wondering for Ref of LAW regarding hardware here.”

1. The Claimant’s Solicitor failed to mention how the alleged debt is apportioned between the hardware of mobile phone and the airtime data.

1. The particular of the claim further state that “ The defendant failed to maintain the required payments and the service was terminated. The agreement was later assigned to the claimant on 31/08/2017 and notice given to the Defendant” This is denied.

1. I do not recall receiving notice of this assignment. Had I have received any notice from the Claimant I would have raised a complaint at the time. Therefore, the claimant is required to prove that notice was served upon me. OR should I state like that “The Claimant solicitor failed to prove that notice of assignment was served upon me”.

1. On xx/xx/2019, I made a formal written request to claimant’s solicitor under the civil procedure rules 31.6 to provide me Full Disclosure of All the Files. Exhibit “D”

1. The Claimant’s solicitor failed to provide me a termination notice.

1. The Claimant’s solicitor failed to provide me the date of notice of default and the Default Notice.

1. The Claimant’s solicitor failed to provide me a true copy of the original agreement.

1. The Claimant’s Solicitor failed to provide me a true copy of the notice of assignment served upon me by the Vodafone.

1. In addition to point 13, I further asked the claimant solicitor to provide me a proof of the contract as per contract act 1999 s. 1 sub-sec 1-3 which stipulates a third party must have been expressly identified in the original contract you signed. Exhibit “D”

1. The claimant solicitor failed to provide it and responded that no contract exist between the claimant and me. Exhibit “E”

1. On xx/xx/2019, I received a witness statement along with few bill statements from Claimant’s Solicitor. Exhibit “D”

1. I have never resided at the address of xxxxxxxxxxxxxxx mentioned on the claimant provided statements addressed after Feb 2016 Exhibit “D”. I have a proof that I was living at xxxxxxxxxxxx at that time. A copy of the proof of residence is exhibited hereto at “E”.
2. The Claimant’s Solicitor failed to provide me full statements of accounts since agreement date of April 2014. Those provided in most of them are wrongly addressed as I mentioned in point 21. Therefore, it is not relevant to the original account.
3. The £810.23 is stated as airtime and by the looks of some of the bills it was airtime AND devices. The Claimant’s Solicitor failed to apportion it between the hardware of the mobile phone and the airtime data.
4. The Terms of the agreement, provided by the claimant’s Solicitor, are dated 2011 and seem a tad vague to me. There's nothing specific to my account at all and there's no justification of the termination charges when it isn't even stated how long the contract was over. Exhibit “F”
5. On 20/05/2019, I made a written SAR request to Vodafone via recorded delivery Exhibit “G”
6. The Original Creditor Vodafone failed to provide me my Subject Access Request.
7. In addition, I have been a victim of fraud on my identity in July 2014. Nine mobile contracts were taken out from different mobile companies on my identity. Shortly I was started receiving welcome pack from those companies and then immediately I wrote to Action Fraud about the fraud and this is the Action Fraud reference xxxxxxx.
8. The other two numbers 077xxxxx and 078xxxxxx in bill statements provided by the Claimant’s Solicitor put me in doubt that was addressed wrongly and I do not recognise them.
9. The Claimant’s Solicitor failed to provide me the documents requested in my defence and in other formal written way as mentioned in above points. Therefore, I respectfully invite the court to strike out this alleged claim.

Statement of Truth
I, xxxxxx, the Defendant, believe the facts stated within this Witness Statement to be true.
Signed: ________________________________
Dated:

[Amethyst]

Great let me have a fiddle with it

I think you should make more of this..

Nine mobile contracts were taken out from different mobile companies on my identity. Shortly I was started receiving welcome pack from those companies and then immediately I wrote to Action Fraud about the fraud and this is the Action Fraud reference xxxxxxx.

any idea of the companies involved there?
did they all cancel /write off etc ?
Any of them use the address that Vodafone changed yours to ?
Any documents/emails from that time at all ? The dates are too close for this Vodafone account not to have been involved - the address changed fraudulently and new devices sent etc

My only concern is none of the statements show £25 payments being made - do you have anything showing they were made over 2014-2016 at all ? I think that would help show And that you were just paying automatically as you degreed £25 a month and just didn't notice that you weren't receiving statements et cetera .

[Lawangeen]

companies as i remembered were Three mobile, vodafone, EE, Life mobile, virgin media.
Yes the contracts were cancelled when i called them.
I do not have documents but I have only email of Action Fraud.

The problem is i have closed that Bank account in 2016.

#Amethyst