Arrows/Reston claimform - old egg loan

[dx100uk]

we need to see the exhibits referred to in their WS please

 

 

quick notes

 

 

how can idem add arrow fees to THEIR statement when they'd sold the debt the years before?

 

 

me thinks those statements are munged.

they should be from the original creditor too.

[Koyem]

Thanks i will scan them and post it

[Koyem]

Please check if my witness statement is ok thanks

 

• IN THE Bromley county court

Claim 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.

 

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 21 Sept 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £4,580.14.The claimant contends that the claim is for the sum of £4,580.14 in respect of monies owing under an alleged agreement with the account no. xxxxxxxx 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 and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. There are no details contained within its particulars about when the alleged default occurred or date of any alleged Default Notice 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 legally assigned by Egg to the Claimant and that Notice was provided by way of a Notice of Assignment. I didn't received any notice of assignment, and it was my first time to see the notice of assignment as part of their exhibit from the said claim. The notice of assignment is unsigned. UNDER SECTION 136 OF THE Law of Property Act 1925 some of the basic requirements for legal assignments are as follow: 1. The assignment must be in writing and signed under hand by the assignor., and 2 . Notice of assignment must be received by the other party or parties for the assignment to take effect, of which didn't happen on this case

 

 

5. On 26 September 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].

6. On 26 September 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 77 of the Consumer Credit Act 1974 [EXHIBIT B].

 

7. I haven't received any documents which I requested from their solicitor, which is the notice of assignment, Default notice, termination of account.

 

8. The Claimant replied to my request on 04 January 2017 [EXHIBIT C] that they are unable to provide the requested documents but will process my request from the creditor as they are the creditor.

 

9. On 14 February 2017 I received a letter from the claimant [EXIBIT D] with reconstituted copy agreement and a copy of the Originator's statement.

 

10. I noticed some inconsistencies on the documents that I had received. (1) On the statement of account. There are transactions between the Claimant and Idem servicing (Idem servicing is where the claimant allegedly purchase my account) on 20 of September 2016. Based on what the claimant said that they had purchase my account on 30 November 2015. If the loan was purchased on 30 November 2015, certainly the claimant had all the information and documents when they purchase the account but a transaction between the claimant and Idem servicing a year after the claimant purchased the account is a big question.

 

UNDER SECTION 136 OF THE Law of Property Act 1925 some of the basic requirements for legal assignments is that the rights to be assigned must be wholly ascertainable and must not relate to part only of a debt. (2) Based on the reconstituted agreement that I had received on the footnote, that this documents was done on the 11 November 2016, same as the date on the reconstructed statement of accounts, but on the first letter that I had received from the claimant [EXHIBIT C] dated 04 January 2017 it is stated that they will assist in obtaining the requested documents and which has been requested on that date but the reconstituted documents that they sent me, was already ready by 11 November 2016. (3) Based on the letter from their solicitor received 14 February 2017 [EXHIBIT E] that the claimant had complied with the outstanding request for documentation and one of it was a copy of the Notice of assignment previously issued to me by the Claimant. which is again another inconsistency because the documents that was sent to me by the claimant [EXHIBIT D]were only a reconstituted copy of agreement, terms and condition and Originator's statement.

 

I still haven't received any notice of assignment.

 

 

 

Statement of Truth

 

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

 

 

Signed: _________________________ _______

[Koyem]

attached are my exhibits

exhibit.compressed.pdf

[AndyOrch]

Hi Koyem

 

Fine so far I have spaced it out a little....Point 9 is a little wordy and your exhibits need to be marked as Exhibit A etc etc .

 

I would also add a conclusion.....

 

Regards

 

Andy

[Koyem]

Thanks Andy

 

Cani ask an advised on what to write with regards to conclusion. Also do you want to me to change anything in my statement thanks.

[Koyem]

CAn I ask also who am i going to send this witness statement? Is it a copy to the court and a copy to the solicitor? Do I have to send a copy as well to Arrow?

[AndyOrch]

Thanks Andy

 

Cani ask an advised on what to write with regards to conclusion. See below Also do you want to me to change anything in my statement thanks.

No nothing further to add it is what it is

 

CAn I ask also who am i going to send this witness statement? Is it a copy to the court and a copy to the solicitor? Yes Do I have to send a copy as well to Arrow?No

 

 

In the circumstances the court is invited to conclude that there are reasonable grounds that I will be able to successfully defend the Claimant’s claim at trial.

It is therefore submitted that the claimants be ordered by the court to quantify ,verify, substantiate and disclose all evidence relied upon and should the claimant fail to comply that their claim be struck out under CPR 3.4 as having no basis.

[Koyem]

Thank you very much. I will print this and will post it tomorrow.

 

Am i right that i would sent a copy to the court recorded then to the solicitor by ordinary mail and unsigned?

[AndyOrch]

Thank you very much. I will print this and will post it tomorrow.

 

Am i right that i would sent a copy to the court recorded then to the solicitor by ordinary mail and unsigned?

 

Correct

[Koyem]

Hello again.

 

I received a copy of supplementary witness statement from Reston and a copy of updated cost schedule for the upcoming hearing. Should I do anything? The hearing in on 16th of June

 

Thanks

[dx100uk]

scan it up?

[Koyem]

Scanned supplemental witness statement

supplemental witness statement.compressed.pdf

[dx100uk]

ive hidden that

you need to redact it properly!!!

 

 

ref no. p1

address p3

ref no p6

address etc p7

ref no p8

[Koyem]

thanks DX

supplemental witness statement.compressed.pdf

[Koyem]

Hello

 

Just want to ask if I have to do anything with this supplemental witness statement that i had received.

 

Many thanks

[dx100uk]

clutching at straws IMHO.

 

 

strip out the useless twaddle about you not doing this or that

and I think all they are trying to is cover up the fact that the documents in their WS and SWS are recons and not the real mcCoys?

we still have SEEN these exhibts they refer too

you've not scanned them up...

[Koyem]

witness statement from reston

witness statement reston.compressed.pdf

[dx100uk]

sws page 8

is it really that blurred and faint what is it?!!!

[Koyem]

yes it was really blurred and faint difficult to read it was written on top the it was a default notice

[AndyOrch]

Hello

 

Just want to ask if I have to do anything with this supplemental witness statement that i had received.

 

Many thanks

 

Its not a supplemental witness statement....a witness statement in support of their application to lift the stay apply strike out or summary judgment.

 

Andy

[Koyem]

Ok because it is written bu them

That i was a supplemental witness statement. Should i do anything before the trial? Thanks

[Old Cogger]

normal pre service cost they hope to gain if they win? always subject to the DJ approval and in a lot of cases they get cost knocked down as over the top

[AndyOrch]

You have already submitted your objection witness statement....post#128.

 

Anything further you wish to challenge in the above simply list the points and arguments by way of a skeleton argument.

 

Their DN exhibit being your first point.

 

Andy

[Koyem]

Just had my court hearing and lost it DJ said defense and witness statement is weak. They are allowed with reconstructed agreement the DN he didnt said anything when i ask about it. Notice of assignment was ok jusge said so that is the story