Hi Dx Thanks for getting back regarding the 3 agreement and T&Cs. Yes I did wonder why I had 3 sets of agreements and T&Cs.... Also their WS states in para 4 ...the defendant entered the agreement ON OR AROUND 5/11/2012 and then exhibit page 2 of the alleged Original Agreement has a date for 2/11/2012..... . then a default agreement sheet page 4?, and then 'terms of your capitalone credit agreement' with no date either... too many grammar mistakes on pages 5 & 6 in the headings... surely that can't be right.... I will start my WS now, if there is anything else that stands out please do let me know, i will post up the WS as soon as I have done a draft. Another point i have noticed on Page 2 of the JK1 exhibit, the marketing box is 'unticked'. As a rule of thumb if i apply or do anything online i always tick the box for no junk mail! This form is definitely fabricated by them and is not the original.

Hi DX Thanks for putting up the agreements/ T&Cs The obscured signature was typed.

I have sent pages 1-10 via the secure email. Please see attached one statement as requested. The 3 week delay was due to my uncle being ill then passing away within a week of his illness. Regards Roland example statement.pdf

Hi Andy Thank you for the link, it was very helpful, appreciate it. I was actually made to feel quite 'stupid' and felt as if i was wasting the forums time on this thread after DX's comments in post #38. Please see attached the necessary documents, please do let me know if you require anything else, many thanks. Files attached: - Default Notice - statement of Default Notice - Reconstituted Agreement & T&Cs - 3 different sets P.S - sorry about the quality of the T&Cs, the high quality files were too large and had to reduce them. Thanks, Roland Exhibit JK1.pdf

Hi DX thanks for getting back to me, I think there’s been a bit of misunderstanding or confusion.... I didn’t mean to keep posting for advice, your last post #32 advised me to put up exhibits not seen before excluding template letters.... they sent all them documents in the exhibit mentioned in my post #33, wasn’t too sure what was relevant for me to put up from that list of documents, hence why I asked what you would like as there are too many pages, didn’t want to put up unnecessary pages. thanks, Roland

Hi there Just needed someone to look over post #33 regarding the documents required. Many thanks

Bump

Hi DX Yes we've had notification from the court with the N244 for the stay to be lifted and summary judgment to be granted pursuant to CPR Parts 24 and/or strike out of the defence under 3.4 on the grounds that: 1) Defendant has no prospect of defending the claim 2) There is no compelling reason why the case should be disposed of at trial Should the defendant wish to rely on written evidence at the hearing , they should file such evidence with the court and serve a copy on the claimant not less than 7 days before the hearing pursuant to CPR Part 24.5(1). The hearing date: 4th Dec 2019. They have sent too much paperwork to scan, if you could let me know which documents you would like from the list I will scan and attach accordingly, thanks. 1) Exhibit JK1 - Original Agreement & T&Cs - Default Agreement & Terms of your Credit Card Agreement - Important information about your credit card (Agreement & T&Cs) - Original Account sold to Cabot letter - 18th April 2017 - Cabot letter they have the account - 18th April 2017 - Mortimer Clarke Sols letter to discuss debt - 11th Oct 2017 - Cabot letter Statement of Account 7/4/2017 - 11/10/17 dated 11th Oct 2017 - My Defence 9th Feb 2018 - My CPR 31.14 Request - 2nd Feb 2018 - Letter from Mortimer for receipt of my CPR request - 12th Feb 2018 - Letter from Mortimer for receipt of defence and response to some of the points in my defence, Assignment, POCs, Pre-action Protocol - 14th Feb 2018 - Letter from Mortimer - account on hold waiting for documents from their client and response to some of the points in my defence - 4th June 2018 - Letter from Mortimer that I haven't responded to their letter dated 3rd Jan 2019 and that they will be making an application to lift the stay - No copy of this letter is attached - 4th April 2019 - Statements - Copy of the Default Notice served 3/11/2015 - Statement of Default - 6/12/2015 Many thanks, Roland

Hi Please see attached hearing date and WS from Cabot Financial. WS Cabot.pdf

I think its best if the case can be postponed. We will contact the court in the morning. Many thanks

no DX he had started it and i'm trying to do it for him the best i can.

Roland has said that the forum has been very helpful to him and that he has been asking for some help with the witness statement since 9th Aug, as he has been in and out of hospital during this time too. He did try and provide everything that was being asked for ie the defence again, exhibits etc and then their was problems with DX receiving PMs from me. I would like to file this for tomorrow, where do we go from here? would really appreciate the help for this.

Hello Can anyone help me with the witness statement as i am doing this on behalf of Roland60 who is not in good health to deal with this. The court hearing is this Friday, so I don't have much time to submit the Witness statement. I would be very thankful for any help i can get.

This was the defence I submitted on MCOL 1. The claimant has failed to produce a contract with the landowner that assigns them the right to enter into contracts with the public and to make civil claims in their own name, so the defendant does not believe they have locus standi in this matter. 2. The defendant believes that no planning consent was obtained for the signage as required under the Town and Country Planning Act 2007, this means the signage is there illegally and it is not possible to enter into a criminal compact. 3. In any case there was no contract between the claimant and the defendant so no cause for action.

Hi All Due to my ill health and a long list of various health conditions and to top it up stress and anxiety issues, I wanted to know how to approach the claimant to settle this outside court, as I absolutely do not have the energy to deal with this. My family have offered to help me financially. I have all the evidence from my hospital admittance and appointments. I am currently off work on a sick note. I would be grateful for some advice as the hearing is on 23rd August. Regards Roland

Thanks Ericsbrother Really appreciate your help, please see better quality attachment. Thanks WS Gladstones.pdf

Hi Thanks ericsbrother I am working on my WS, any links i may have missed to other threads would be helpful. Please see attached Gladstones WS WS Gladstones.pdf

Hi All The claimant were given time to pay court trial fee of £25 or file a properly completed application, which they just paid before the deadline. Now the hearing will take place on 23rd August. My dilemma is I have had an accident at work that shattered the bone in my toe, which I have to keep elevated and can't put any weight on for 4-6 weeks. Is it possible for my brother to attend on my behalf and what are the chances of them turning up? Roland

Hi All I had my day in court today, Lowell won the case, I was given a judgement for £1296.42 I managed to remove the termination fee £90 and the 8% interest was reduced from £80 to £20, the claimants cost for attending were also not allowed. A further £42.44 was reduced as they had stated in their WS that the mobile was dissconected 12th March 2017 but they provided statements with charges til 12th July 2017. The fixed fees - court fee, hearing fee and commencement costs £265 was added to the account, The Judge was quite pleasant and tried to be fair to both parties, but he didn't seem knowledgeable in this area as he left the Ofcom and Property Law for me and Claimant to explain, obviously the Claimant's solicitor was more experienced. I tried to tackle the fact that there was no agreement and T&Cs which the judge was quite surprised about at first but then when the Claimant went on about it not being a credit agreement the judge went along with it. The claimant stated at the end that they wanted attendance costs for for 'unreasonable conduct' by defending the claim. The judge said it wasn't unreasonable conduct as i had the right to defend a claim that was made and rejected his fee. The judge has left it open for me to contact the claimant to agree on an instalment plan to suit my financial standing as i have no extra penny to spare, and that's not me exaggerating, I'm on working tax credits as i explained to the judge. Reflecting back on this I wish I had taken their offer of 50% reduction that was offered sometime last year.... Thank you for the help and advice. Roland

Thanks DX and Andy Yes I will emphasise Para 9 regarding the termination charges etc, and Para 2 regarding no agreement & T&Cs copy being provided. If things don't seem to be going my way, can i mention that there is a big chunk of charges in the claimed amount and the fact that Vodafone were irresponsible as a company to let this spiral and go on for so long even though they were aware of my financial hardship and never gave me the option to reduce the tariff plan etc. Thanks Roland

Hi My court hearing is this Friday morning, this is my first time and I’m really nervous, I would really appreciate any advice and what should I be aware of regarding my case. many thanks Roland

Hi Andy Thank you for getting back to me and thank you for the pointers. I have amended my WS, could you please check it over and please let me know if I have covered my defence and the Claimants WS, many thanks. Roland IN THE County Court AT …..CLAIM NO: BETWEEN: LOWELL PORTFOLIO I LTD (VODAFONE) -and- ROLAND (DEFENDANT) _____________________________ WITNESS STATEMENT OF ROLAND _____________________________ INTRODUCTION 1. I, Roland, the Defendant in this case, make this statement in support of my defence against the Claimant, Lowell Portfolio I Ltd. The matters set out below are within my own knowledge, except where I indicate to the contrary. THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT 2. The Claimant states in Paragraph 5.a-d inclusive that they do not have the original alleged Agreement on which this claim is based on and have failed to provide such a copy despite a CPR 31.14 request made 8thJanuary 2019 (Exibit A). The Defendant claims that his CPR 31.14 request, of which the Claimant has confirmed receipt, for the disclosure and production of a verified and legible copy of the Agreement has not been adhered to, by way of the fact that a Service Contract is entirely missing from the Claimant’s evidence. 3. Under Paragraph 9 of the Claimant’s Witness Statement, the Claimant states that the debt “was subject to a legal assignment dated 28 February 2018 pursuant to Section 136 of the Law of Property Act 1925 from the Assignor to the Claimant”. The Defendant argues that the cause of action has absolutely nothing to do with assignment nor the Law of Property Act 1925. 4. The Claimant states in Paragraph 10 and continued in Paragraph 17.f that they continued to attempt to make contact with the Defendant and have provided ‘sample’ evidence of these letters under their Exhibit “SR3”, which they deem as meeting the requirements of Pre-Action Protocol. The Defendant categorically states that no letters have ever been received from the Claimant, with the first contact from them being this claim. Therefore, the Claimant is to put strict proof to their claim by providing proof of delivery for these letters. If the Claimant cannot provide this, then the Defendant invites the Court to strike the claim out based upon a failure to adhere to Paragraph 6 of the Practice Direction – Pre-Action Practice and Protocols. 5. Paragraph 12 states the Claimant did not apply any additional interest or charges on the account, lawfully there is no interest on mobile accounts as it is not regulated credit and there is no remit to add any penalty charges. 6. The defendant has not admitted entering into the agreement subject to this speculative claim as stated by the Claimant in Paragraph 17b. 7. The Claimant admits in Paragraph 17d that they are unable to obtain a copy of the agreement.The Defendant again invites the Court to strike the claim out, on this basis. 8. The Claimant refers to a draft Tomlin Order in Paragraph 17e and is also mentioned in their Exhibit “SR7” but no such order is attached. 9. The Claimants states in Paragraph 17j that early termination charges will become payable should an agreement end early, however, OFCOM have stated that early termination charges may well be 'common place' and standard in Terms & Condition's but that doesn’t mean they are enforceable nor unlawful. The alleged amount claimed includes an early termination charge amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge, which is made up of the entire balance of the remaining contract, is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 10. Paragraph 17k the defendant did not benefit from the service. The resultant charges till end of contract were added after the phone was disconnected byVodafone. 11. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim. I believe that the facts stated in this Witness Statement are true. Signed: Roland Dated:

Hi Andy I have attempted to put a Witness Statement together after reading similar threads, if you could please check it over and advise of changes. Thanks Roland IN THE COUNTY COURT LOWELL PORTFOLIO I LTD (VODAFONE) -and- ROLAND (DEFENDANT) _____________________________ WITNESS STATEMENT OF ROLAND _____________________________ INTRODUCTION 1. I, Roland, the Defendant in this case, make this statement in support of my defence against the Claimant, Lowell Portfolio I Ltd. The matters set out below are within my own knowledge, except where I indicate to the contrary. THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT 2. The Claimant states in Paragraph 5.a-d inclusive that they do not have the original alleged Agreement on which this claim is based on and have failed to provide such a copy including the Default Notice despite a CPR 31.14 request made 8thJanuary 2019 (Exibit A). The Defendant claims that his CPR 31.14 request, of which the Claimant has confirmed receipt, for the disclosure and production of a verified and legible copy of the Agreement has not been adhered to, by way of the fact that a Service Contract is entirely missing from the Claimant’s evidence. 3. Under Paragraph 9 of the Claimant’s Witness Statement, the Claimant states that the debt “was subject to a legal assignment dated 28 February 2018 pursuant to Section 136 of the Law of Property Act 1925 from the Assignor to the Claimant”. The Defendant argues that the cause of action has absolutely nothing to do with assignment nor the Law of Property Act 1925. 4. The Claimant states in Paragraph 10 and continued in Paragragh 17f that they continued to attempt to make contact with the Defendant and have provided ‘sample’ evidence of these letters under their Exhibit “SR3”, which they deem as meeting the requirements of Pre-Action Protocol. The Defendant categorically states that no letters have ever been received from the Claimant, with the first contact from them being this claim. Therefore, the Claimant is to put strict proof to their claim by providing proof of delivery for these letters. If the Claimant cannot provide this, then the Defendant invites the Court to strike the claim out based upon a failure to adhere to Paragraph 6 of the Practice Direction – Pre-Action Practice and Protocols. 5. Paragraph 12 states the Claimant did not apply any additional interest or charges on the account, lawfully there is no interest on mobile accounts as it is not regulated credit and there is no remit to add any penalty charges. 6. The defendant has not admitted entering into the agreement subject to this speculative claimas stated by the Claimant in Paragraph 17b. 7. The Claimant admits in Paragraph 17d that they are unable to obtain a copy of the agreement, they have also failed to provide a Default Notice. The Defendant again invites the Court to strike the claim out, on this basis. 8. The Claimant refers to a draft Tomlin Order in Paragraph 17e and is also mentioned in their Exhibit “SR7” but no such order is attached. 9. The Claimants states in Paragraph 17j that early termination charges will become payable should an agreement end early, however, OFCOM have stated that early termination charges may well be 'common place' and standard in Terms & Condition's but that doesn’t mean they are enforceable nor unlawful.The alleged amount claimed includes an early termination charge amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge, which is made up of the entire balance of the remaining contract, is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 10. Paragraph 17k the defendant did not benefit from the service. the resultant charges till end of contract were added after the phone was disconnected byVodafone. 11. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim. I believe that the facts stated in this Witness Statement are true. Signed: Roland Dated:

Hi, I spoke with the court, apparently they had sent me the N157 Notice of Allocation back in April, which i have never received..... I was also informed that they paid their trial fee on the last day before the claim would have been struck out, 17th May 2019. The hearing is 14th June 2019 at 10am. I have not done a witness statement before so would really appreciate help with putting one together especially with the time constraints, thanks. Roland