Defence for Court claim received.

[echat11]

It is up to you, it sounds a bit 'iffy' contacting you the day before they are due to file their Witness Statement, me personally I would carry on.

The agreement is missing the APR, the loan amount although it has examples, it doesn't reference any that specifically apply to you, although it says you need to look else where for that information. Is the following correct, that you never received a Letter of Assignment originally and you haven't received a copy when you've made your request after filing your Defence.

Has the APR changed on the loan?

See if you can post your Witness Statement today, as you'll need to work on and amend it.

Don't leave it until the last minute.

[Chris.Chris]

Hi

I have never received a Letter of Assignment originally from the original lender and also from the claimant before and after I requested for documents from the claimant solicitor.

[echat11]

Hi

I have never received a Letter of Assignment originally from the original lender and also from the claimant before and after I requested for documents from the claimant solicitor.

O.K.

[Chris.Chris]

Hi

I have never received a Letter of Assignment originally from the original lender and also from the claimant before and after I requested documents from the claimant's solicitor.

echat11

Regarding the APR.

The CCA has 3 different APRs for different durations of the loan repayments ( 1081% APR for 3 months, 774% APR for 6 months, and 237% APR for 12 months).

The loan drawdown summary (which I assume is the agreement for the loan in dispute) does not have any APR stated in it, but the loan amount, the interest to be repaid, and the schedule of repayments were all stated.

There are 2 annual statements on the loan, and each statement has the same 774% APR stated on it.

[echat11]

Regarding the APR.

a) The CCA has 3 different APRs for different durations of the loan repayments ( 1081% APR for 3 months, 774% APR for 6 months, and 237% APR for 12 months).

Yes, but it doesn't specifically, state what your loan amount is or the APR that applies to you, does it?

b) The loan drawdown summary (which I assume is the agreement for the loan in dispute) does not have any APR stated in it, but the loan amount, the interest to be repaid, and the schedule of repayments were all stated.

Correct, also it states it's 'linked' to the CCA. It doesn't provide the Terms and Conditions that apply.

c) There are 2 annual statements on the loan, and each statement has the same 774% APR stated on it.

O.K.

Judges and Courts are 'fickle', but you do have evidence which maybe 'favourable' in your case.
If you are going to do a Witness Statement, you need do it, time is against you.

Go through the thread for your key points / evidence.

https://www.judiciary.uk/wp-content/...+web+FINAL.pdf

[Chris.Chris]

Regarding the APR.

a) The CCA has 3 different APRs for different durations of the loan repayments ( 1081% APR for 3 months, 774% APR for 6 months, and 237% APR for 12 months).

Yes, but it doesn't specifically, state what your loan amount is or the APR that applies to you, does it?

b) The loan drawdown summary (which I assume is the agreement for the loan in dispute) does not have any APR stated in it, but the loan amount, the interest to be repaid, and the schedule of repayments were all stated.

Correct, also it states it's 'linked' to the CCA. It doesn't provide the Terms and Conditions that apply.

c) There are 2 annual statements on the loan, and each statement has the same 774% APR stated on it.

O.K.

Judges and Courts are 'fickle', but you do have evidence which maybe 'favourable' in your case.
If you are going to do a Witness Statement, you need do it, time is against you.

Go through the thread for your key points / evidence.

https://www.judiciary.uk/wp-content/...+web+FINAL.pdf

echat11

Please see my Witness statement below. Please kindly advise, and I can email it with the supporting documents to the court and claimant representative asap.
Thanks

IN THE ************* 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. I received a claims form issued on 23^rd January 2025 from the County Court Business Centre, Northampton, for £*******.

2. There were no details about when the alleged default occurred, the degree of default, or details as to how the sums claimed have accrued.

3. The particulars of the claim fail to state when the agreement was entered.

4. The particulars of the claim state that this claim is for “an agreement between the original creditor and the defendant to provide financial Running Credit”.

5. On ***October 2024, I made a formal request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant, Perch Capital, and its Solicitor, TM Legal. I requested that the Claimant provide copies of the Credit Agreements, Statements of the loans, Default Notice, and Notice of Assignment as entitled to do so under sections 77-79 of the Consumer Credit Act 1974, along with a £1 statutory fee postal order [ EXHIBIT A and B].


6. On **** November 2024 the Claimants solicitors replied to my written request by email [EXHIBIT D] with three documents attachment of the annual statement [ EXHIBIT D], a drawdown summary for the advance loan [EXHIBIT E], which does not include my name and address, and a Termination notice [ EXHIBIT F], which also does not include my full name, my address and does not have the reference for the drawdown loan in dispute.

7. In response to ACI and Perch capital Ltd letters regarding the said loan, I replied on different occasions with letters of Statute barred to Perch capital and its representatives Moriarty Law on ***October 2023 [EXHIBIT G], ACI/Perch capital Ltd on ***March 2024 [EXHIBIT H], and ACI/ Perch capital ** October 2024 [ EXHIBIT I and J] and TM Legal ** January 2025. I contend that the alleged debt is statute-barred by Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made regarding the loan for over 6 years, from 10.02.2017 to 02.04.24, when the first of the four statute-barred letters was sent on ***October 2023 to the Claimants and their representatives.

8. At my request, to give the mediation carried out on ***May 2025 a chance, the Claimant representative sent additional documents attachments via email of, the Credit Consumer Agreement for the original loan which does not have the specific APR for the original loan [EXHIBIT L], two financial statements covering between 12^th February 2020- 9^th February 2021 and 10^th February 2021- 9^th February 2022 with no stated APR [EXHIBIT M and N], and a Default notice dated 25^th April 2019 [EXHIBIT O].

9. The original Creditor, My Jar, did not serve any Default Notice on the Defendant according to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983 and served on the Defendant. There is also no record of a Default entered into any of my credit reference files, such as Experian and Credit Score [Exhibits P, Q, and R]. The Claimant did not produce the requested Default Notice for approximately ten months, but instead produced a Termination Notice that did not include my full name or address, and was addressed to the original creditor, My Jar, and to itself, My Jar. So how could this have been served?
10. The Claimant's statement of the case states that the account was assigned from the original Creditor, My Jar, to the Claimant, Perch Capital. I do not recall receiving the notices of this assignment from the original creditor, My Jar, or the Claimant Perch Capital Ltd.

11. There is no record that a compliant Default notice was served to me, and the Termination notice was not compliant because it does not have my full name, my address, and was addressed from the original Creditor to itself. The Credit Consumer agreement and the drawdown loan agreement do not have a clear, specific APR. There is no evidence that the drawdown loan was applied for, and there is no notice of assignment of this loan. With none of the mentioned items non-compliant within the status of the limitation period of six years, I plead that the said loan is statute-barred.


Statement of Truth

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


Signed: ________________________________

Dated: ________________________________

[echat11]

No 7 - You are going to struggle stating that it is 'statute barred'. They didn't Default the account until April 2019, they closed the account in May 2019. They lodged the claim in January 2025. If they had made it after May 2025, then it would be statute barred.

No 8 - Remove 'At my request, to give the mediation carried out on ***May 2025 a chance' - Mediation is not part of the Court process, the Judge won't be interested.

No 10 - 'I do not recall receiving the notices of this assignment from the original creditor', in point 10 you state that that you don't recall receiving them,
In point 5 you state that you requested them, but nowhere have you stated that they failed to supply copies of Letter of Assignment.

I'd work on the Witness Statement, don't forget to number Exhibit pages etc. (cross reference page numbers in Witness Statement, i.e. EXHIBIT A, Page No 1).
You could do a chronology of events, also a list of the exhibits with page no's to go in front of the evidence bundle.

[Chris.Chris]

No 7 - You are going to struggle stating that it is 'statute barred'. They didn't Default the account until April 2019, they closed the account in May 2019. They lodged the claim in January 2025. If they had made it after May 2025, then it would be statute barred.

No 8 - Remove 'At my request, to give the mediation carried out on ***May 2025 a chance' - Mediation is not part of the Court process, the Judge won't be interested.

No 10 - 'I do not recall receiving the notices of this assignment from the original creditor', in point 10 you state that that you don't recall receiving them,
In point 5 you state that you requested them, but nowhere have you stated that they failed to supply copies of Letter of Assignment.

I'd work on the Witness Statement, don't forget to number Exhibit pages (cross reference page numbers in Witness Statement, i.e. EXHIBIT A, Page No 1) etc.

Hi,

Thank you for your prompt response, as usual.
I will work on it now as I aim to send it first thing tomorrow morning for a next-day recorded first-class delivery.
The statute-barred letters included are to demonstrate that I never received any Default notice within the 6-year period. I will remove this part if it does not work.

The claimant's witness statement was emailed to me this afternoon.

[echat11]

Hi,

Thank you for your prompt response, as usual.
I will work on it now as I aim to send it first thing tomorrow morning for a next-day recorded first-class delivery.
The statute-barred letters included are to demonstrate that I never received any Default notice within the 6-year period. I will remove this part if it does not work.

The claimant's witness statement was emailed to me this afternoon.

Remember to send / email a copy to Court and the Creditors solicitors.
You can state the statute barred letters if you are demonstrating something other then statute barred,
the dates state it isn't statute barred.

The Judge will look at the Default date and the Claim date, it's within 6 years. I personally wouldn't go
there. You can throw doubt on the Default Notice as you have, it doesn't appear on your Credit File,
when you requested it they didn't send it.

Then somehow they got a copy. They may have 'made' it.

If you sent a SAR, they would have provided all your data, then if they 'made' it, you might of known.