1ST draft witness statement. all advice appreciated
In The *******County Court
Claim No. *********
I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.
1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.
2. 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 purchase’s 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.
3. It is accepted that I have in the past had financial dealings with Barclaycard. That being a Credit card Agreement, of which I have never had a credit limit to the value the claimant purports to be allegedly outstanding. I do not recall the precise details of the agreements but do recall it was on or about the year 2008.
4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.
6. I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount.
7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 02/11/2018. I made a request for the following documents:
· A copy of the Default Notice
· A copy of the Notice of assignment
· A complete set of statements detailing exactly how the debt has accrued detailing
· All transactions
· Any additional charges applied since the account was terminated
· Details of all contractual interest added by whom and on what date.
· A statement of all payments received.
The claimant to date has failed to comply to my request.
8. A Section 78 request was sent on 28/01/2018 via royal mail signed for and shows as received 29/01/2018. The claimant has acknowledged the request by letter, but to date has failed to comply to my Section 78 request.
9 .On the 17/01/2018 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.
9. A CPR 31.14 request was sent 28/01/2018 via Royal Mail signed for and shows as received 29/01/2018. A Request for the following documents was made:
· A full set of terms & Conditions
· Notices of sums in arrears under running account credit CCA 2006 sec 86C.
· Notice of Assignment
· A Statement of account
The claimant to date has failed to comply and disclose any documents.
To date no Default Notice has been produced, no Notices of Sums in arrears have been produced, No Notice of Assignment has ever been received, and to date no statement of account has been produced.
The claimant has yet to comply to my Section 78 request with regard to clarity of a valid agreement, as yet I have never received an original or seen a copy of a valid agreement thus remaining in Default and therefore prevented from enforcing the agreement until such time it can comply.
The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.
Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process.It would be far gracious and forthright for the claimant to admit that they do not have possession of any valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.
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 78.6 (a) of the Credit Consumer Act 1974.
I believe that the facts stated in the witness statement are true.