• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Advice Needed on Witness Statement

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Advice Needed on Witness Statement

    Hi
    I have to submit my witness statement against a claimant who is a debt collector for a claim over an alleged debt, by this Friday. Please could someone advise on the following, I have removed any of mine or their details.

    Please could someone take a quick look and advise? any tips appreciated!
    I will not be attending court as my director and several other members of staff are on annual leave, I will be writing to the court 7 days prior to the case to advise them of this.

    thanks


    Case Name: XXXXXXXXXXXXXXXXXXXXXXX
    Case Number: XXXXXXXXX

    I, Miss xxxxx of (addresswill go here) wish to submit my witness statement in defence for the abovecase.

    a) Ireceived a letter from (claimant) and also (claimants solicitors) dated 17thMarch 2016.
    These letters detailed that (claimantssolicitors) are now pursuing an alleged debt of £xxx.xx against me. In turn Iresponded with a letter dated 11th April requesting allcommunication to be in the written form and requesting verification of theclaim from Claimant along with the true and certified copies of the Deed ofAssignment and the Deed of Novation.
    Please see Exhibit 1 – 4 pages.

    b) Ireceived a letter from Claimants Solicitors dated 26th April 2016 stating they would not be sending me the Deed of Assignment as it wasconfidential and contained information which I am not entitled to see.
    Please see Exhibit 2 – 1 page.

    c) Iresponded with a letter dated 1st May 2016 repeating my request sothat Claimant could validate their claim.
    Please see Exhibit 3 – 2 pages.

    d) Afterno further correspondence from Claimant I sent a notice of Estoppel 30 daysafter my second letter, exhibit 3.
    Please see Exhibit 4 – 2 pages.

    e) Ireceived, from Claimants Solicitors, aletter dated xxxxx 2016, including acopy statement which proves absolutely nothing with regards to me owing theirclient any monies. The statement is a typed up spreadsheet which has beenprinted out.
    The letter noted that a copyof the agreement would follow.
    Please see Exhibit 5 – 4 pages.

    f) Ireceived a letter from Claimants Solicitors, dated xxxxx 2016, This included anunsigned letter, allegedly from alleged original creditors name , an excel typeapplication form, and a further copy of the already sent spreadsheet typestatement.This did not include any ofthe original documents that I had requested for Claimant to validate theirclaim.
    Please see Exhibit 6 – 6 pages.

    g) LetterReceived from County Court Business Centre dated 19th July 2016.

    h) Isent a CPR 18 Preliminary request to claimants Solicitors, on the date of 26thJuly 2016. Please see Exhibit 7 – 2 pagesplus a proof of posting receipt.

    i) Isent a letter to claimant, dated 26th July 2016, along with a postalorder for £1.00 requesting a credit agreement. This information was to besupplied within 12 working days. Please see Exhibit 8 – 2 pages plus copyreceipts.

    j) Letterdated 6th August 2016 received from Claimants Solicitors indicating theaccount is on hold until a copy of the original credit agreement has beenreceived – Please see Exhibit 9 – 1 page.

    k) LetterReceived dated 15th August 2016 acknowledging receipt of defence online –Letter is from HN Courts and Tribunals.

    l) Letterreceived from Claimants Solicitors dated 5th October 2016 withcopies of previously received documents (unsigned letter, excel typeapplication form and excel typestatement as per 27th June 2016. ) This does not include a copy ofthe original credit agreement.Pleasesee Exhibit 10 – 6 pages.

    m) Letterreceived from Claimants Solicitors dated 19th October 2016 asking meto call and make payment. I ignore this as they have previously failed to sendme the documents needed to validate their pursuing of this alleged debt againstme.


    I believe the facts stated inthis witness statement are true.

    Signed:






    XXXXXXXXXXXXXXXXXXXXX

    Dated: XXXXXXXXXXXX
    Tags: None

View our Terms and Conditions

LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

Announcement

Collapse
1 of 2 < >

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 Β£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.
2 of 2 < >

Support LegalBeagles


Donate with PayPal button

LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

See more
See less

Court Claim ?

Guides and Letters
Loading...



Search and Compare fixed fee legal services and find a solicitor near you.

Find a Law Firm


Working...
X