Debt Managers/Restons claimform - old JDW CAT debt

[AndyOrch]

Well you should have submitted a statement in response and objection....refer to their application notice it advises you same.

Now you have a second chance you must submit a statement....it must be filed and served not less than 7 days before the new hearing date...when confirmed.

[dave466]

Is that a Witness statement Andy?

 

I will get something drafted up tomorrow and posted here for checking. 

 

Regards 

[AndyOrch]

Yes....try to have a read of what Summary Judgment entails...its a short cut for the claimant and runs separate to the existing process.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

 

[dave466]

1st draft

 

Claim No. xxxx

BETWEEN:
xxxx

AND

Defendant
xxxx
_________________________________________

WITNESS STATEMENT OF xxxx
_________________________________________



I xxxxx, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence dated 26 April 2021 and in response to the claimants claim dated 25 March 2021 which was submitted through county court bulk centre.

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 wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass 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 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.

3.Background

Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Jd Williams. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant. 

I requested:-

A copy of the original agreement
A copy of the terms and conditions as applicable at the time of the agreement
A copy of the Default Notice/ termination notice
A copy of the legal deed/notice of assignment showing the claimants legal right to take action

4.Disclosures

The claimant has since complied and disclosed various documents however:

1) The credit agreement they have supplied seems to be a reconstructed agreement in which my details are clearly typed in the exact same font, this could just have been made up anytime at any point by anyone.

3) Debt Managers also state "The Defendant does not dispute signing the Credit Agreement" - I did not say that in my defence.

2) The default notice they have provided that one is from debt managers themselves, please note that a debt buyer cannot issue a default notice, they were not the creditor so therefore I am still awaiting on a copy of the original Default Notice that was served by the creditor themselves.



Statement of Truth

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

Signed: xxxx

Dated: 08 February 2022

[AndyOrch]

Requires a few tweaks Dave...I will get back to you later.

[dave466]

Thankyou very much Andy, much appreciated 

[AndyOrch]

Okay Dave I've been through your topic from the start to finish to refresh ...this is a considerable cat debt and I can see the amount of effort the claimants sols have put in not to lose this one. Your statement is not really suitable in response to this an application for strike out/summary judgment.

 

They have provided extensive documents in support of their claim...albeit some have been reconstructed to try to make their claim watertight.

I note that you accept that you owe the amount and quite rightly did arrange a payment plan with the OC but only managed to maintain a few payments...hence the OC assigned your dent to the claimant.

 

However we are where we are and you must submit a statement in response...subject to the quality and argument of said statement this may be to your benefit which could push the claimant into offering a Consent Order in which you could try to agree an affordable manageable payment plan say over 5 years should the claimant agree and stay the claim.

 

Ive had read the Paralegals statement in support of the application...which in the main reads as per usual spiel from this crew. The agreement provided is a please sign and return copy version...it states clearly at the top of the copy ...you state that you applied on line therefore it cannot be an exact copy. The executed signature by the creditor you will note is not dated....unsurprisingly. They confirm the same at 10 (iii)

 

Their statement refers to a default notice issued by the Assignee on 28th Jan 2020 delivered to your current address. If you look at the disclosure marked 69 from the Solicitor they state ..." 3. You failed to maintain the minimum monthly payments as required by the statements of account and accordingly JD William's terminated the agreement "

 

In their witness statement they state at 10.(vi) that a default notice (LD5) was served by the claimant in their own name as assignee owner.

Considering JD Williams had already terminated the agreement as confirmed above, then JD WIlliams would have issued an earlier Default Notice...which you didnt comply with and hence the agreement was terminated....before the sale to Debt Managers.

 

Therefore you cant issue a default notice on a terminated agreement ...the claimant cant disclose the original JD Default Notice...so in affect their attempt at serving a Default Notice on 28th Jan 2020 was pointless and not valid. Hence there is no mention in the paralegals statement re the original default or default notice.

 

The same goes for Notice of Sums in Arrears ...invalid on a terminated agreement.

 

Sooooo the Agreement ....not valid...the Default Notice  not valid ...the NOSIA  not valid and irrelevant.

 

I will leave it that for now and let you digest where Im coming from and let you consider the above....

 

Next we need to get it into a draft.

 

Andy

 

 

 

[dave466]

Morning Andy.

 

So from what I've gathered from your reply is I now need to draft a witness statement to the effects of the agreement, default notice and nosia not being valid and also give reason as to why?

 

Regards.

[AndyOrch]

Correct it must be well drafted and we have time on our hands I understand before you have to submit ( 7 days pre hearing ) ?

[dave466]

I have got a letter today from the courts at home so as soon as I get home I will post it up as I'm guessing it will be dates and timescales etc. 

[AndyOrch]

[dave466]

Today's letter from the courts states.

 

By 4pm 13th Feb the claimant shall reserve the application and evidence

(They have)

 

Defendant must file and serve any evidence on which I wish to reply no less than 14 days before the next hearing

 

Claimants application is relisted for face to face on 8th March 2pm

 

Costs of today to be reserved 

[AndyOrch]

Thats fine Dave so give me a nudge nearer the time (3/4/days before) and we can finalise your statement.

[dave466]

I've just realised with it being a short month 14 days before would be tomorrow? 

 

Would that be correct?

 

Regards

[dave466]

Claim No. xxxx

BETWEEN:
xxxx

AND

Defendant
xxxx
_________________________________________

WITNESS STATEMENT OF xxxx
_________________________________________



I xxxxx, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence dated 26 April 2021 and in response to the claimants claim dated 25 March 2021 which was submitted through county court bulk centre.

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 wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass 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 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.

3.Background

Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Jd Williams. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant. 

I requested:-

A copy of the original agreement
A copy of the terms and conditions as applicable at the time of the agreement
A copy of the Default Notice/ termination notice
A copy of the legal deed/notice of assignment showing the claimants legal right to take action

4.Disclosures

The claimant has since complied and disclosed various documents however:

a) The agreement provided is a please sign and return copy version...it states clearly at the top of the copy ... I applied on line therefore it cannot be an exact copy.
The executed signature by the creditor you will note is not dated. They confirm the same at 10 (iii)

b) Their statement refers to a default notice issued by the Assignee on 28th Jan 2020 delivered to your current address. If you look at the disclosure marked 69 from the Solicitor they state ..." 3. You failed to maintain the minimum monthly payments as required by the statements of account and accordingly JD William's terminated the agreement "

In their witness statement they state at 10.(vi) that a default notice (LD5) was served by the claimant in their own name as assignee owner.

Considering JD Williams had already terminated the agreement as confirmed above, then JD WIlliams would have issued an earlier Default Notice hence the agreement was terminated....before the sale to Debt Managers.

Therefore you cant issue a default notice on a terminated agreement, the claimant can not disclose the original JD Default Notice so in affect their attempt at serving a Default Notice on 28th Jan 2020 was not valid. 

Therefore the original default notice has not been provided as requested.

c) The Notice of Sums in Arrears is also invalid on a terminated agreement.

Statement of Truth

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

Signed: xxxx

Dated: 21 February 2022

[AndyOrch]

7 days for Summary Judgment application.

[dave466]

The letter I got from the court with new date etc said 

 

Defendant must file and serve any evidence on which I wish to reply no less than 14 days before the next hearing

 

Regards 

[AndyOrch]

Read box 10 on the claimants application notice n244.

[dave466]

Yeah I understand that but would that now not be superceded by the letter I have got from the court due to me missing/rearranging the meeting.

 

Obviously I would have had 7 days before but I wasn't aware of the court meeting etc and tahts now why it's been rearranged and I have this new letter from the court/judge.

 

[AndyOrch]

If that's what the latest order states then yes you will have to go with that.....not the norm though CPR 24 as always been 7 days pre hearing.

I wont be able to look at this though Dave until tomorrow latest. (Wed is 14 days)

[dave466]

Yeah thats what it states in the letter so id rather be safe than sorry.

 

No problem thankyou Andy I have re adjusted the ws and will await for a response from yourself and then get it sent off.

 

Thankyou very much.

[AndyOrch]

 

IN THE.pdf

[dave466]

That's great Andy thankyou very much for your time and help. 

 

I will keep you updated.

 

Regards, Dave

[AndyOrch]

Where you refer to a document or one of their documents don't forget to insert after the paragraph (See exhibit A/B/C etc) then attach them to the statement.

 

Best of luck

[dave466]

All done and posted.

 

I will keep you posted on any updates.

 

Regards, Dave