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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 14 May 2017, I received a claim form from the county court Business Centre, Northampton, for the amount of £xxxx. The claimant contends that the claim is for the sum of £xxxx 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 xxxxx 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 30th Mar 2017 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].
6. On 30 Mar 2017 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 B].
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 C] and failed to supply any documents that I requested.
9 As per the order dated 11 Sept 2017, the claimant was requested by the courts to provide a copy of the agreement referred to the in particulars of claim, a full breakdown of how the amount claimed has been calculated. Copy statements in support of the breakdown provided (see exhibit D).
10 In response to the order, the claimant has provided documentation however the claimant is in default of the order as they are unable to provide a breakdown/original copy statements to how the amount claimed has been calculated.
11 The claimant have not been able to clarify by way of an itemised list how the alleged balance was derived and the legality of the charges
12 The Claimants pleaded case is that the Defendant entered into an agreement with xxxx under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had a credit card with Vanquis bank in 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.
13 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.