No such thing as a template witness statement...its your statement using your own words in support of your defence.

There is one here but bear in mind this is for a loan section 77...but it will give you an idea of format and content style.

http://www.consumeractiongroup.co.uk/forum/showthread.php?469861-PRA-GROUP-claim-form-old-provident-loan-debt/page5

Good Morning Andy,

Could you take a look at my witness statement please?, Im a little unsure on how robinson way fit into this as they are the ones that replied to the CPR Request, but I have not mentioned them at all in the statement. ThankYou!

IN THE ******* county court

Claim No. ***********

BETWEEN:

Hoist Portfolio Holding 2 LTD

Claimant

AND XXXXXXXX

Defendant

************

_________________________ ________

WITNESS STATEMENT OF **********

_________________________ ________

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

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

1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income.

As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

2. On or around the 04 November 2016, I received a claim form from the County Court Business Centre, Northampton, for the amount of £7809.96. The claimant contends that the claim is for the sum of £4933.86 in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).

3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement. There are no details contained within its particulars about when any alleged Default Notice has been served upon the defendant pursuant to S.87(1) CCA. There are no details contained within its particulars about when any alleged Default Notice occurred or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice.

4. The particulars of claim state the debt was assigned by MKDP LLP to Hoist Portfolio Holdings 2 LTD, R/O First Floor, Le Masurier House, La Rue Le Masurier, St Helier, Jersey, JE2 4YE and that Notices were provided by way of a Notice of Assignment. The claimant is put to strict proof to evidence the details of assignments.

5. On 10 November 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to Howard Cohen and Co. requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT B].

6. On 10 November 2016 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C].

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

8. The Claimant replied to my request 18 November 2016 [EXHIBIT D] and failed to supply any documents that I requested.

9. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had Credit Cards with HSBC the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose this agreement on which its claim relies upon.

Until such time the claimant can comply and disclose the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78 of the Credit Consumer Act 1974.

Statement of Truth

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

Signed: _________________________ _______

Dated: _________________________ _______

Fine...dont worry about Robbers.

Andy

Thanks Andy, thats a weight off my mind, all prepared and ready to send.

Thanks again

J

Good Morning,

A quick update on my case, last week I received a letter from Howard Cohen they said that there client we discontinuing the claim, this week I received the letter from the court saying they didnt pay the fee and the claim has been struck out and the hearing has been vacated.

So happy! thanks for helping me with this, I have set up a small regular donation, thanks again

J

struck out - go on and enjoy life

well done CAG

dx

discontinued and struck out

Well done jaxxies delighted thta this has been resolved for you...and many thanks for your continued support by way of your donation.

Regards

Andy