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This is the draft of my witness statement, what do you think?
COVER SHEET
IN THE CIVIL NATIONAL BUSINESS CENTRE
Claim No: xxxxx
Between:
XXXXXX Claimant
and
XXXXXX – Defendant
DOCUMENTS ENCLOSED
Date: [Insert Date]
To Whom It May Concern,
Please find enclosed the following documents in relation to the above claim:
If further information is required, please do not hesitate to contact me at the details below.
Kind regards,
[Your Full Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
Signed: _______________________
Date: _________________________
WITNESS STATEMENT OF [XXXXX] (DEFENDANT)
I, [XXXX] of [Address], make this statement in response to the Claimant’s application dated 5th February 2025 to lift the stay on the above claim. I make this statement from my own knowledge unless otherwise stated, and believe the facts contained herein to be true.
1. Introduction
1.1 I am the Defendant in this matter.
1.2 I oppose the Claimant’s application to lift the stay that has been in place since August 2024.
1.3 The claim has been inactive for nearly six months, during which time I received no further directions or communications from the court or the Claimant regarding progression of the case.
2. Background and Timeline
2.1 I received the claim from the Civil National Business Centre (Northampton County Court) on 27th June 2024.
2.2 I filed my Defence on 20th July 2024.
2.3 I received a Notice of Acknowledgement of Defence, dated 22nd July 2024, which stated that the Claimant was required to notify the court within 28 days if they intended to proceed.
2.4 No further contact or action occurred until I received a General Directions Order dated 19th March 2025, enclosing the Claimant’s N244 application dated 5th February 2025.
2.5 During this time, the claim was stayed due to the Claimant’s inaction.
3. Document Requests and Non-Compliance
3.1 On 5th July 2024, I sent a CPR 31.14 request to the Claimant’s solicitor (Kearns Solicitors), requesting disclosure of documents referred to in the Particulars of Claim — specifically the agreement, Default Notice, and Notice of Assignment.
3.2 I also issued a Consumer Credit Act 1974 (CCA) request directly to the Claimant (LC Asset 2 S.A.R.L) on the same date, along with the required £1 statutory fee.
3.3 The Claimant did not respond to either request until September 2024, after the claim had already been stayed.
3.4 The late disclosure of documents hindered my ability to fully assess the nature of the claim at an earlier stage.
4. Statute-Barred Debt
4.1 Among the documents provided in September 2024 was a statement indicating that the last activity on the alleged account occurred in August 2014.
4.2 I have not made any payment or acknowledged the debt in writing since that time.
4.3 As such, I believe the claim is statute-barred under Section 5 of the Limitation Act 1980, as more than six years have passed without any relevant activity.
4.4 The Claimant has not provided any evidence to suggest otherwise.
4.5 At the time I filed my Defence in July 2024, I had not received any documentation and was therefore unable to assess whether the claim might be statute-barred.
4.6 Once the documentation was eventually received in September 2024, I was able to establish that the claim likely falls outside the statutory limitation period.
5. Alleged Attempts to Engage
5.1 The Claimant states that they attempted to engage with me via letters dated 31st October 2024, 5th December 2024, 6th January 2025, and 20th January 2025, inviting me to withdraw my Defence and submit a full admission with a payment proposal.
5.2 I recall receiving letters of this nature; however, I chose not to respond.
5.3 I had already filed a valid Defence and considered the matter to be within the court’s remit. I contacted the court at the time and was informed that there was no obligation to respond to the Claimant's correspondence.
5.4 The Claimant's letters did not address the core issues raised in my Defence — including the lack of supporting documents and potential limitation — and appeared to be an attempt to pressure me into admitting liability for a debt I had formally disputed.
5.5 I have fully complied with my obligations under the Civil Procedure Rules, and there was no requirement to engage in private settlement discussions following the stay.
6. Prejudice and Emotional Impact
6.1 The prolonged delay in progressing the claim and the sudden reactivation after a lengthy stay have caused me considerable emotional distress.
6.2 The uncertainty surrounding the unresolved litigation has been mentally taxing, particularly given the absence of meaningful communication from the Claimant during the stayed period.
6.3 I have acted reasonably and in good faith throughout the process, seeking documentation and clarity from the outset, only to be met with delay and vague correspondence.
6.4 Allowing the claim to be reinstated now would cause unnecessary prejudice and continue the emotional strain caused by this drawn-out process.
7. Conclusion
7.1 The Claimant has failed to pursue the claim diligently, provided no explanation for the six-month delay, and only disclosed relevant documents after the claim had already been stayed.
7.2 The documentation now shows that the alleged debt is likely statute-barred, and therefore unenforceable.
7.3 I respectfully request that the Court refuses the Claimant’s application to lift the stay and considers whether the claim should be struck out as being without merit or prospect of success.
Statement of Truth
I believe that the facts stated in this witness statement are true.
Signed: _______________________
[XXXX NAME]
[Date]
COVER SHEET
IN THE CIVIL NATIONAL BUSINESS CENTRE
Claim No: xxxxx
Between:
XXXXXX Claimant
and
XXXXXX – Defendant
DOCUMENTS ENCLOSED
Date: [Insert Date]
To Whom It May Concern,
Please find enclosed the following documents in relation to the above claim:
- Defendant’s Witness Statement in response to the Claimant’s N244 application dated 5th February 2025, and
- Completed Form N180 – Directions Questionnaire.
If further information is required, please do not hesitate to contact me at the details below.
Kind regards,
[Your Full Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
Signed: _______________________
Date: _________________________
WITNESS STATEMENT OF [XXXXX] (DEFENDANT)
I, [XXXX] of [Address], make this statement in response to the Claimant’s application dated 5th February 2025 to lift the stay on the above claim. I make this statement from my own knowledge unless otherwise stated, and believe the facts contained herein to be true.
1. Introduction
1.1 I am the Defendant in this matter.
1.2 I oppose the Claimant’s application to lift the stay that has been in place since August 2024.
1.3 The claim has been inactive for nearly six months, during which time I received no further directions or communications from the court or the Claimant regarding progression of the case.
2. Background and Timeline
2.1 I received the claim from the Civil National Business Centre (Northampton County Court) on 27th June 2024.
2.2 I filed my Defence on 20th July 2024.
2.3 I received a Notice of Acknowledgement of Defence, dated 22nd July 2024, which stated that the Claimant was required to notify the court within 28 days if they intended to proceed.
2.4 No further contact or action occurred until I received a General Directions Order dated 19th March 2025, enclosing the Claimant’s N244 application dated 5th February 2025.
2.5 During this time, the claim was stayed due to the Claimant’s inaction.
3. Document Requests and Non-Compliance
3.1 On 5th July 2024, I sent a CPR 31.14 request to the Claimant’s solicitor (Kearns Solicitors), requesting disclosure of documents referred to in the Particulars of Claim — specifically the agreement, Default Notice, and Notice of Assignment.
3.2 I also issued a Consumer Credit Act 1974 (CCA) request directly to the Claimant (LC Asset 2 S.A.R.L) on the same date, along with the required £1 statutory fee.
3.3 The Claimant did not respond to either request until September 2024, after the claim had already been stayed.
3.4 The late disclosure of documents hindered my ability to fully assess the nature of the claim at an earlier stage.
4. Statute-Barred Debt
4.1 Among the documents provided in September 2024 was a statement indicating that the last activity on the alleged account occurred in August 2014.
4.2 I have not made any payment or acknowledged the debt in writing since that time.
4.3 As such, I believe the claim is statute-barred under Section 5 of the Limitation Act 1980, as more than six years have passed without any relevant activity.
4.4 The Claimant has not provided any evidence to suggest otherwise.
4.5 At the time I filed my Defence in July 2024, I had not received any documentation and was therefore unable to assess whether the claim might be statute-barred.
4.6 Once the documentation was eventually received in September 2024, I was able to establish that the claim likely falls outside the statutory limitation period.
5. Alleged Attempts to Engage
5.1 The Claimant states that they attempted to engage with me via letters dated 31st October 2024, 5th December 2024, 6th January 2025, and 20th January 2025, inviting me to withdraw my Defence and submit a full admission with a payment proposal.
5.2 I recall receiving letters of this nature; however, I chose not to respond.
5.3 I had already filed a valid Defence and considered the matter to be within the court’s remit. I contacted the court at the time and was informed that there was no obligation to respond to the Claimant's correspondence.
5.4 The Claimant's letters did not address the core issues raised in my Defence — including the lack of supporting documents and potential limitation — and appeared to be an attempt to pressure me into admitting liability for a debt I had formally disputed.
5.5 I have fully complied with my obligations under the Civil Procedure Rules, and there was no requirement to engage in private settlement discussions following the stay.
6. Prejudice and Emotional Impact
6.1 The prolonged delay in progressing the claim and the sudden reactivation after a lengthy stay have caused me considerable emotional distress.
6.2 The uncertainty surrounding the unresolved litigation has been mentally taxing, particularly given the absence of meaningful communication from the Claimant during the stayed period.
6.3 I have acted reasonably and in good faith throughout the process, seeking documentation and clarity from the outset, only to be met with delay and vague correspondence.
6.4 Allowing the claim to be reinstated now would cause unnecessary prejudice and continue the emotional strain caused by this drawn-out process.
7. Conclusion
7.1 The Claimant has failed to pursue the claim diligently, provided no explanation for the six-month delay, and only disclosed relevant documents after the claim had already been stayed.
7.2 The documentation now shows that the alleged debt is likely statute-barred, and therefore unenforceable.
7.3 I respectfully request that the Court refuses the Claimant’s application to lift the stay and considers whether the claim should be struck out as being without merit or prospect of success.
Statement of Truth
I believe that the facts stated in this witness statement are true.
Signed: _______________________
[XXXX NAME]
[Date]
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