1st Draft - reviewed several statements
I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help 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 HBOS. That being a Credit card Agreement.
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 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 06/09/2019. 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
· A statement of all payments received.
The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice.
8 .On the 13/11/19 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 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made:
· Default Notice
· Full statement of account
The claimant to date has failed to comply and disclose the default notice.
To date no Default Notice has been produced.
The claimant has still yet to comply with 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.
Mediation confirmed that the claimant could not produce the Default notice document
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 more gracious and forthright for the claimant to admit that they do not have possession of the correct 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 a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.
I **********, the defendant, believe that the facts stated in the witness statement are true.