** WON - DISCONTINUED ** Help with LOWELL court claim

[Chris11]

I'm presuming if they had the agreement I asked them to send me they would of provided it to the court. I thought after they couldn't provide evidence of the claim they would just give up but they are still asking me to settle even tho I'm saying I deny I owe the money.

Is mediation just a final attempt for them to try and get me to pay? And if I accept mediation and just tell them they havent provided me with the agreement of the claim what can they do after that? providing they don't send any further evidence.

[Chris11]

Any advice please? Sorry, I just want to be sure I'm doing everything correctly.

[Chris11]

Hello an update on this it has been referred to small claims and I have received a letter from the court asking me for my witness statement. I've drafted something similar to me defence could someone take a look and tell me if it is ok and if I should add or take anything out

[Chris11]

2...

[jaguarsuk]

It doesn't have to be as formal as a defence, but you have got the main information in there and it should be a simple dismissed.

[Chris11]

OK thank you

[Chris11]

Screenshot_20190927_113555.jpg I received this letter today from lowell, they attached a bill from 2015 addressed to me but there's no bills I've ever paid as I've never paid a bill to bt its just a final bill saying I owe them the money.

[jaguarsuk]

Screenshot_20190927_113555.jpg I received this letter today from lowell, they attached a bill from 2015 addressed to me but there's no bills I've ever paid as I've never paid a bill to bt its just a final bill saying I owe them the money.

Regardless of what they say, if you had signed up there would be a record of how and the terms would have either been agreed to by ticking a box online or sent to you to confirm them. They need to produce an agreement that their own particulars of claim said you entered into, it's a simple as that. Nobody is talking about the consumer credit act we are talking about simple contract law requiring offer and acceptance to form a contract, no court can rule on a contract without knowing it's terms. This is going to form your main argument.

In your witness statement it might be worth adding that you went into hospital around the time they state the agreement was made and why, so you wouldn't be using any telecommunications in any event. That way if they convince a judge you entered into terms and provide them you can state you couldn't have used the service as you were in hospital therefore there is no loss.

[Chris11]

Claim discontinued!!!!

Received a copy of the Notice of Discontinuance from Lowell just now. What a relief and a massive weight off my shoulders. Now I can concentrate on the small matter of my heart transplant

Thank you for all the help and advice I received.

[jaguarsuk]

Claim discontinued!!!!

Received a copy of the Notice of Discontinuance from Lowell just now. What a relief and a massive weight off my shoulders. Now I can concentrate on the small matter of my heart transplant

Thank you for all the help and advice I received.

Excellent news on the claim front, you should get a copy from the court sealed and I'd advise scanning everything if you can to upload to a cloud storage solution like one drive, that way if it ever pops up again you have to documentation to bat it away safely stored.

Good luck with the transplant.

[Amethyst]

Congratulations I shall amend the title for you to show you won I hope all goes well with your operation xxx