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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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Chris52

Dirty tricks and old debts

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Hi

In March 2016 I received a County Court claim form from Shoesmiths for a HSBC Account for £8000 for a credit card I had defaulted on in 2013 acting on behalf of ARROW GLOBAL.

 

I defended the claim and sent a CCA request to Arrow global

they were unable to provide any documentation not even a reconstituted agreement and as a result I received a letter from them stating the ccj claim was dropped and all collection activities would cease.

 

In April 2019 will be six years old and drops off my credit rating and I’m trying desperately hard to get my life back six years later and get a mortgage.

 

Last week out of the blue I got a warning from Equifax my rating had changed

I checked and I found Another debt collection firm had got a CCJ for another debt from 2013.

 

They had brought this account and been sitting on it for the last couple of years doing nothing then the claim forms were sent to my old address and I never received them.

Even though they could have easily found my new address.

 

I’m aware I could still have defended this but I had enough to pay it so I settled within the 30 days.

 

I understand this is a tactic they use to get CCJs and I think it’s disgusting the courts allow it. I’m sure the Bailiffs would have had no problem finding me.

 

The Arrow debt for HSBC I could never afford to pay.

If they do the same trick send CCJ forms to my old address I will never know until it’s to late.

 

What are they likely to do, they have already had one go through the court and failed.

I could contact them and give them my new address details without acknowledging the debt but is this then just going to put the idea in their mind.

 

Is this debt really just sitting there and all collection activities have really ceased , find it a bit odd they haven’t sold it on or maybe they can’t but HSBC knew they had no agreements before they sold it to them.

 

Please don’t think I’m just trying to get out of this debt but i have been in debt management and paying all my old debts the last six years and almost paid back everything.

 

I just want to get on with my life but this is in the back ground now. What if anything are they up to

:!:

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Ive moved this thread to the hsbc forum

 

You must always inform creditors of your correct address even if you think a debt is statute barred, cant re litigate again on etc etc

 

If youd done that in the first place youd not have had to pay that bogus ccj


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when was the last payment on the HSBC debt?


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Im not sure , around five years ago so not yet six years

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Should be on your credit file?


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Didn't ask that


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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