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    • I’ve been hunting round on the forums looking for a rough guide on how to write out my statement, is this one ok to use as a template? IN THE ******* county courtClaim No. *********** BETWEEN: Claimant AND 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. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, which are bought on mass portfolios 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 confirmed in the claimants witness statement exhibit by way of the Deed of Assignment 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 ******, I received a claim from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago.3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement. 5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].  6. On the xxxxxxx 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]. The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974.  The claimant tries to get around the poor quality by trying to rely on Carey v HSBC.Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case.7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement. 8. 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 banking products with Barclaycard 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 a true executed legible agreement on which its claim relies upon and not try to mislead the court. Until such time the claimant can comply and disclose a true executed copy of 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.  Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______[/QUOTE]
    • ok so just file my Defence exactly as I have posted for now ?   will filing it on mcol before the tuesday deadline give them too  much leeway or it wont matter even if I file it tonight ?
    • Hang perhaps not......your giving them notice and time to correct....save it for your witness statement...should it proceed that far.
    • Then deny point 3 also...you can add about the incorrect agreement at point 5.
    • Unfortunately you still have not answered some relevant questions. 1} What date was on the NIP? 2) What date did you respond? The reason for asking is that in addition to the time of 6 months for laying information, there are requirements for naming the driver within the time stated on the NIP/Driver identification request. If these are not met severe penalties can result.   NB whilst composing a reply, Man in the middle has posted, covering the same aspects (in a very well structured way I would add) so will leave it as an 'also' post.
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alanfromderby

The Great CAG Slogan and Mug Photograph Competitions!!

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If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Thank you

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Well.........."Caggers" only *r-e-a-l-l-y* entered common usage after I started to use it in my threads and posts in the last 12 months.

 

 

(Still think's noomill060 should a free mug, if only 'cos I persuaded our local DJ to change her mind about hearing SAR enforcement cases in Small Claims)

 

:D

 

 

I wanna CAG mug!!!

 

The best "why I should receive a free CAG mug" story competition hasn't started yet - but I am sure your entry will be given full consideration. :rolleyes:


Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

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Advice given is purely my opinion, and is not based on any legal training.

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Isn't there an interview by Marc somewhere on t'Internet going back longer than that where he already states the use of the word CAGger?... :razz:

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Dont invent evidence which you are unable to substantiate, bookie.

 

(The mug is as good as mine, heh heh!;))

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CAG Tips! Watch my lips...

 

You only get an 'OO' when you sue..

 

CAG.. CAmpaiGn for YOUR cash

 

This mug broke the banks ;)

 

I beat the banker..... then shot the DCA :D

 

How many lightbulbs does it take to change a bank?

 

All for a win and win for all!

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Guest wino
CAG Tips! Watch my lips...

 

You only get an 'OO' when you sue..

 

CAG.. CAmpaiGn for YOUR cash

 

This mug broke the banks ;)

 

I beat the banker..... then shot the DCA :D

 

How many lightbulbs does it take to change a bank?

 

All for a win and win for all!

 

 

Someone has been up all night working on this:p

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Simply...

 

 

CAG-Logo.jpg

 

 

(...It emphasises an already recognisable brand logo...i.e. The extremely successful Silk Cut + B&H adverts of yesteryear

;))

 

I kind of assumed that those would automatically be there, MTM, with the slogan on the other side or next to it. It would be daft otherwise, as as you say, the logo is an already known one.

 

I do like the cup runneth over idea, though. :-D

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Someone has been up all night working on this:p

 

Not at all. My witty nature WON through in a matter of minutes :)

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I don't drink Coffee I drink Tea, my dear.

 

Don't be a legal alien.

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I am not a mug.

 

title.jpg


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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title.jpg

 

Helping you to help yourself


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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It's maaaaaaah moooooney.

 

title.jpg


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I went to the Consumer Action Group and all I got was this lousy mug. :D


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Guest wino
title.jpg

 

Know your rights.

 

Right your wrongs.

 

 

Shouldn't it read RIGHT THEIR WRONGS

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I'm waiting for a doorstep collector to drink from me

(One arsenic or two....)

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Shouldn't it read RIGHT THEIR WRONGS

 

You could interpret it like that, but does that not imply that everything is wrong.

To right your wrong, is to encourage you, as an individual to put right the wrong doings that have happened to you.

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Financial Health Warning

 

CAG can increase the risk of empowerment and seriously improve your credit rating..

 

 

Financial Health Warning.

 

CAG can seriously increase your bank balance.

Edited by Spamalot

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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I kind of assumed that those would automatically be there, MTM, with the slogan on the other side or next to it. It would be daft otherwise, as as you say, the logo is an already known one.

 

I do like the cup runneth over idea, though. :-D

U should never assume anything Bw. ;)

Although admittedly, it does sometimes take a while for some other peeps to get up to speed with what should be now blatantly obvious though. :rolleyes:

As can be seen by viewing the Posts in the following Threads...

 

http://www.consumeractiongroup.co.uk/forum/general/7934-20-000th-member.html

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/100413-cag-merchandise.html

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/126115-do-any-you-old-2.html#post2395848

 

...Tis just a case of keeping your finger on the pulse of the average CAG User + not losing track of what they want, instead of dictating to them what you would like them to want.

 

 

:)


The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Ah, but is there such a thing as an average CAGger, I do wonder? :razz:

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CAG to BANKERS

 

 

We are NOT mugs!

 

Try to take our money!!

WE WILL FLY OFF THE HANDLE!!!

 

------------------------------------------------------------------

 

 

 

Just found this thread, but that's my 10p worth:p


 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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