Hi I'm new here and wanted to see if anyone could provide some help with preparing a witness statement. A brief summary of the situation is that I have a hearing scheduled for June 12th after being taken to court by PRA/BW Legal for an old PDL from 2011. The situation is complicated by the fact that I have no recollection of entering an agreement with the original creditor, which was my original defence, so have ordered old bank statements which are on route but won't arrive before I have to file and serve my statement. What I am sure of is that I have never received a default notice (in fact I've never heard anything about this 'debt' until then end of last year when they started court action) and the reconstituted default notice that I have been provided with in BW Legal's bundle is definitely not a valid and true representation of one that would have been issued at the time. I think that PRA are aware that I haven't received one as in their witness statement received last week they have suddenly produced a letter that they said they sent to me just before they started the court action (not included in the original court bundle they prepared btw) which was a default notice issued by them on their paperwork on behalf of the original creditor. I suppose what I have in mind is running 2 defences - first that no agreement was executed and no money received - although this may collapse when I receive the statements from the bank - and secondly that a valid default notice was never sent or received. Any advice would be welcomed on this as the whole thing has hit me out of the blue and I'm not really sure how to proceed?
Help with witness statement
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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Acknowledge Claim
CCA Request
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Example Defence
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