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

[Amethyst]

Okay so one of the frauds was Vodafone.... do you think there's a possibility that when you told them about the fraud it wasn't actually sorted out and ended up where we are now?

[Amethyst]

will have to sort out the Exhibit numbers and check the facts of course.


IN THE xxx County Court

Claim No. xxxxxx

BETWEEN:

Lowell Portfolio Ltd

Claimant

- and –

Defendant

Lawangeen
_________________________________
WITNESS STATEMENT OF Lawangeen
_________________________________

1. I, Lawangeen, of xxxxxxxxxxxx address xxxxxxxxxxxxxx , being the Defendant in this case will state as follows;

2. I make this Witness Statement in support of my defence in the case claim no. xxxxxxxxx. The matters set out below are within my own knowledge, except where I indicate to the contrary.

3. The claim is for an alleged debt owed to Vodafone under a telecommunications contract.

4. The Claimant’s particulars of claim state that “The defendant entered into an agreement with Vodafone under account reference xxxxxxx”

5. As stated in my defence it is 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.

6. I do not have a copy of the agreement and do not recall being given a copy at the time.

7. On completion of the 24 month agreement, in or around May 2016 I called Vodafone to cancel the service as I was not interested to continue with them because I had experienced problems with the network. 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.

8. I heard nothing further from Vodafone until November 2018 when I received a letter from the Claimant stated there was an alleged debt owed to Vodafone. They did not provide any supporting documents (Exhibit A)

9. It is denied that any debt is owed either to the Claimant or to Vodafone. 10. In July 2016 I was a victim of ID theft. Nine mobile contracts were taken out from different mobile companies using my identity. I discovered the fraud when I started receiving welcome packs from different phone companies, including Vodafone.

11. I immediately contacted Action Fraud to report the issue and this is the Action Fraud reference xxxxxxx.

12. I then contacted all of the companies I had received Welcome Packs from. All accounts were cancelled. I am concerned this claim may be a further part of that identity fraud or that Vodafone may not have correctly cancelled the fraudulent accounts.

13. I have sent a Subject Access Request under the Data Protection Act 2018 to Vodafone but they have not yet provided me with any information. I require copies of documentation to show how these accounts may have been entered into and how whoever opened such accounts managed to breach security and change the address attributed to my account to one I have never resided in.

14. I received the Claim from the Northampton County Court Business Centre dated xxxxxxxxx 2018.

15. Due to the facts stated in paragraph 5 to 11 I was very concerned where this debt may have arisen and 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). I believe that as there were devices in addition to airtime these should be under regulated Credit Agreements.

16. On xx/xx/2019, I made a formal written request to the Claimant’s solicitor under the civil procedure rules 31 to provide me Full Disclosure of All the Files. (Exhibit D)

17. The Claimant has only sent me copies of invoices that they were provided by Vodafone ( Exhibit E)

18. These invoices appear to cover three different telephone numbers, and thus presumably contracts. I do not recognise two of the telephone numbers given. I recognise the number 07xxxxxxxxxxxxxxx however I have never seen the invoices before.

19. The invoices are addressed to an address at which I have never resided and do not recognise. I have provided evidence of my address throughout the relevant period to the Claimant and attach such hereto ( EXHIBIT X ).

20. I didn’t receive invoices from Vodafone at the time I did have a contract phone with them. I assumed that was because the agreement was taken out online and I simply paid £25 per month as per the contract as I understood it.

21. 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) I respectfully request the Court asks the Claimant to provide a copy of the original contracts/agreements relating to the alleged debt.

22. I do not recall receiving notice of any assignment from Vodafone to the Claimant. 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.

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

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


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

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

27. 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:

[Lawangeen]

Amethyst Thank you so so much for your reply with your kind help.

[Amethyst]

No worries - wish you'd mentioned earlier about the ID frauds involving Vodafone though - definitely chase up the SAR with them and take it to the ICO if they still don't comply. They must hold some data about the fraud you reported, and of course statements, agreements eg. For those other numbers.

[Lawangeen]

Yea You are right. I am gonna contact vodafone again and will then definitely report them to the ICO. Thanks a lot.

[Lawangeen]

Amethyst hurrrrrrah... Thank you so so much for your help and support. with out your support it was very difficult to fight with this Low ill.
Finally I got a letter of discontinuance from LSolicitors today and tomorrow is the hearing date.
Thank you very much Legal Beagles Forum.

[Amethyst]

Oh fabulous news !!! Well done - just give the court a quick call in the morning to check the hearing has been cancelled due to the claimant discontinuance - and then that should be the end of the matter xxxx

[Lawangeen]

Yes I will definitely call the court in the morning.
By the way Thanks a lot to All the Ppl who made this great Forum. Thank you guys and Best wishes.

[Amethyst]

All ok ? ( court confirms discontinued? )

[Lawangeen]

Amethyst yes I called the court in the morning yesterday And the hearing was cancelled on 9th July.
It means that the Lowell Solicitor discontinued the case even before receiving my Witness statements.