CLAIMANT: PRA GROUP LTD
CLAIM NO. ___________________
Exhibits:_________________
IN THE COUNTY COURT AT _________________
BETWEEN
PRA GROUP (UK) LTD
Claimant
and
_____________________
Defendant
WITNESS STATEMENT
OF _________________________
I, [WITNESS NAME, of [WITNESS ADDRESS], state as follows:-
I am a Litigation Officer in the employ of PRA Group (UK) Limited and authorised to make this statement on it's behalf. The contents of this witness statement are true to the bet of my knowledge. Information and belief unless otherwise stated in which case I believe to be true. I have reviewed the files and papers held by the Claimant. There is now produced and shown to me in exhibit "LW1" various copy documents to which I shall refer to by page number.
Background
This Claim relates to an outstanding debt owed under a credit card agreement reference number ________________ originally entered into by the Defendant and Barclays Bank Plc t/a Barclaycard ("Barclays"). A copy of the credit agreement and terms and conditions dated 23 March 2006 is at pages 1 - 2.
Upon entering into the credit agreement, Barclays agreed to provide the Defendant with a credit facility to be utilised subject to the terms and conditions of that agreement. The Defendant used the credit facility provided and Barclays sent monthly credit card statements setting out the amounts used and the payments to be made. A copy of the Defendant's final statements dated from 6 October 2017 to 7 November 2017 are at pages 3 -8.
As a result of the continued non-payment of the agreed monthly instalment, Barclays sent the Defendant a default notice pursuant to Section 87(1) of the Consumer Credit Act 1974. It warned the Defendant that failure to remedy the default would result in the account being terminated. The Default date was 22 September 2017 and the default amount was £9256.78.
First assignment
5. On 25 September 2018 the debt was assigned by Barclays to the Claimant. A copy of the Notice of Assignment dated 28 September 2018 is at pages 9 - 12. A copy of the assignment confirmation from Barclays is at pages 13 - 14. A copy of the Deed of Assignment assigning the debt from Barclays to the Claimant is at pages 15 - 88.
6. The agreements are redacted to remove commercially sensitive and personal data. The agreements enable the transfer of many customers' debts and therefore do eel identify in the body of the agreement the individual debtor. Instead, the assignments of individual accounts take place, pursuant to the underlying agreements, when the 'data file' of relevant debtors' details is sent electronically to the assignee. This mechanism is referenced within the body of the agreements. The Claimant produces a copy of that data file, redacted to remove other debtors details, and obtained from Barclays at pages 89 — 107.
Payment History
7. The Defendant's last payment of £10 as received by Barclays on 2 August 2018. The Defendant previously defaulted on her monthly payments and interest and default late payments charged further accrued on the account.
Pre-Claim
8. The Claimant sent a letter to the Defendant dated 15 March 2019, a copy of this letter is at pages 106 - 109.
The Claim
9. Despite the letters and their invitations to contact / pay the debt due and owing the Defendant did not make payment. Given this on 2 May 2019 the Claimant sent a letter before claim to the Defendant. The letter before claim is at pages 110 - 122.
10. Unfortunately, the Defendant failed to make payment and consequently the Claimant issued this claim in an attempt to recover the outstanding debt. The claim was issued on 11 June 2019 and served at the Defendant's last known address of [DEFENDANT'S ADDRESS].
Defendant's Defence
11. The Defendant requests a copy of the original agreement. A copy of the credit agreement and terms and conditions dated 23 March 2006 Is at pages 1 - 2.
12. The Defendant requests a copy of the Deed of Assignment. A copy of the Deed of Assignment assigning the debt from Barclays to the Claimant is at pages 15 - 88.
13. The Defendant requests a copy of the Notice of Assignment. A copy of the Notice of Assignment dated 28 September 2018 is at pages 9 - 12. A copy of the assignment confirmation from Barclays is at pages 13 - 14.
14. The Defendant requests a copy of the Default Notice and Notice of Termination. Barclays sent to the Defendant a default notice pursuant to Section 87(1) of the Consumer Credit Act 1974. It warned the Defendant that failure to remedy the default would result in the account hoin9 terminated. Default date was 22 September 2017 and the default amount was £9256.78.
15. The Claimant issues electronic claims through the County Court Business Centre and is therefore unable to attach documentation to the Claim Form All documentation has been disclosed to the Defendant previously and copses are exhibited .thin this witness statement.
Conclusion
16. The Defendant entered into a credit card agreement which She used. She defaulted on the agreement. The debt was assigned to the current Claimant, The Claimant has sought to recover the debt from the Defendant, however, she has not pad and I contend that there is a debt due and owing to the Claimant.
17.1 respectfully request therefore that the court grant judgment for the Claimant with interest and costs.
Statement of Truth
I believe that the facts stated In this witness statement are true.
[SIGNED]
_____________________ [CLAIMANT'S "WITNESS"]
14 November 2019
Defendant: ____________________
1st: 01.12.2019
Exhibits: ________
CLAIM NO. ___________________
IN THE COUNTY COURT AT _________________
BETWEEN
_____________________
Defendant
and
PRA GROUP (UK) LTD
Claimant
WITNESS STATEMENT
OF _________________________
I, ____________________ of __________________________________________ state as follows:-
1. I am the Defendant in this case. The contents of this witness statement are true to the best of my knowledge, information and belief unless otherwise stated in which case I believe to be true.
I make this witness statement in readiness for the fixed hearing on 5th December 2019 at 10am. This statement is in direct response to the claimants filing of a witness statement dated 14th November 2019.
Within this statement I refer to various documents, these are now produced in bundle marked "__01,__02"
Background
2. It is disputed that the Claimant is entitled to claim an outstanding debt allegedly owed under a credit card agreement reference number ______________________ originally entered into by the Defendant and Barclays Bank Plc t/a Barclaycard ('the Alleged Agreement'). The Claimant is not Barclays and has no legal standing to make this Claim.
3. It is disputed that any Alleged Agreement with Barclays has any relevance to this Claim. Barclays is not a party to this case and the Claimant has no legal standing to bring a claim on their behalf. The Claimant is a debt purchase company who, by bringing this claim seeks to profit from litigation. The Claimant is put to strict proof to show otherwise.
4. It is disputed that as as result of the continued non-payment of the agreed monthly instalment, Barclays send to the Defendant a default notice pursuant to Section 87(1) of the Consumer Credit Act 1974. The Claimant is put to strict proof to provide a copy of the Default and Termination Notice.
First Assignment
5. It is disputed that on the 25 September 2018 the debt was assigned by Barclays to the Claimant due to the constraints of:
a) Section 196 of the Law of Property Act 1925.
b) Section 44 of the Companies Act 2006,
c) The Regulatory Reform (Execution of Deeds and Documents) Order 2005 (S.I. 2005/1906), arts. 1(1),3 ,
d) Section 136 of the Law of Property Act 1925.
It is denied that a copy of the Notice of Assignment dated 28 September 2018 was sent to the Defendant. The Claimant has failed to show any evidence of service of such notice by Registered mail as required by Section 196 of the Law of Property Act 1925.
6. The Claimant has provided a heavily redacted copy of what they claim is a Deed of Assignment but fails to meet the Legal requirements of such a document.
The Claimant is a company and to execute a valid Deed must comply with Section 44 of the Companies Act 2006. The signatures on the Deed must be by Two company Directors or One Director and a Secretary of the Company:
(2)A document is validly executed by a company if it is signed on behalf of the company—
(a) by two authorised signatories, or
(b) by a director of the company in the presence of a witness who attests the signature.
The Claimant has provided a document where there are only one signature of a Director of each company that has not been carried out in the presence of a witness who attests the signature.
The Regulatory Reform (Execution of Deeds and Documents) Order 2005 Section 3 states:
Execution by corporations
"3. For section 74(1) of the 1925 Act substitute—
“(1) In favour of a purchaser an instrument shall be deemed to have been duly executed by a corporation aggregate if a seal purporting to be the corporation’s seal purports to be affixed to the instrument in the presence of and attested by—
(a)two members of the board of directors, council or other governing body of the corporation, or
(b)one such member and the clerk, secretary or other permanent officer of the corporation or his deputy.”."
The Claimants alleged DEED of Assignment fails to meet these requirements nor is it compliant with Section 136 of the Law of Property Act 1925 which states:
136 Legal assignments of things in action.
(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—
(a)the legal right to such debt or thing in action;
(b)all legal and other remedies for the same; and
(c)the power to give a good discharge for the same without the concurrence of the assignor:
The Claimant concedes that the purchase agreement do not identify in the body of the agreement the individual debtor. The Claimant states that the assignments of individual accounts take place, pursuant to the underlying agreements, when a 'data file' of relevant debtors' details is sent electronically to the assignee. If the two document are to form one Deed, the minimum requirement would be that the two separate documents should each be signed by Two company directors, or a Company Director and secretary, from each company.
Maureen Cooke who signed on behalf of Barclays PLC is not a Director or Secretary of that company: https://beta.companieshouse.gov.uk/company/01026167/officers?page=2 and a such does not have authority to sign the document to make it compliant with the Law of Property Act 1925.
Payment History
7. It is denied that any payment has been made to the Claimant and that the Claimant has any legal standing to bring this Claim. There is no contract between the Defendant and the Claimant.
Pre-Claim
8. It is denied that the Claimant sent a letter to the Defendant dated 15 March 2019. When contacted by the Claimant the Defendant send a Notice of Conditional Acceptance if the Claimant provide proof of the ownership of the debt. This was followed by a Notice of Non-Response 14 days later when the Claimant was unwilling or unable to provide the requested Deed of Assignment, followed by a Notice of Irrevocable Estoppel 14 days after that. The letters sent to the Claimant are listed as Exhibit "__01".
The Claim
9. It is accepted that requests were made by the Claimant for payment but as the Claimant was unable to provide any proof of their Legal Standing, these claims were denied.
10. The Defendant denies any Liability toward the Claimant as no contract exists between the Claimant and the Defendant. The Claimant has failed to demonstrate that they have legal standing required to give good discharge of the debt in compliance with the Law of Property Act 1925.
Defendant's Defence
11. The Defendant requested a copy of the original agreement. The document provided shows that the Claimant it not listed as a party to any agreement and does not have any legal standing to bring the claim without attaching Barclays Bank Plc as a party to the action. A copy of the Defendants response to the Claimants Particulars of Claim is Exhibited at ('__02').
12. The Defendant requested a copy of the Deed of Assignment assigning the alleged debt form Barclays to the Claimant and the claimant has been unable to provide a valid Deed of Assignment. The document provided at pages 15-88 of their witness statement is not a valid Deed of Assignment. For a Deed of Assignment to be compliant with the Law of Property Act it MUST have two signatures from a Company, Two Directors or a Director and a Secretary. The Claimant has, at most, an equitable assignment and no Legal standing to bring a court action.
13. The defendant requested a copy of the notice of assignment and evidence is it was served in compliance with Section 196 of the Law of Property Act. The Claimant has failed to provide evidence of service of such a document by registered mail and has failed to provide any evidence that they have Legal Standing to issue such document. The Claimant is put to strict proof to show otherwise.
14. It is denied that any Default warning letter has been send in relation to the Alleged Agreement and the Claimant has failed to provide a copy of the letter as requested. I refer to Exhibit ('__02'). The Claimant was put to strict proof to provide this document and has failed to do so.
15. It is denied that all documentation has been disclosed to the Defendant previously. The Claimant has only disclosed the Deed of Assignment in their witness statement in response to the filing of a defence by the Defendant. The Claimant was given opportunity to provide the documents requested but failed to do so in advance of their court claim. I refer to Exhibit ('KL01').
Conclusion
16. The Claimant has purchased a list of alleged debts for which it has an Equitable Assignment. They have not complied with the requirements of the Law of Property At 1925 that would give them legal standing to bring a claim in the County Court. It is denied that any debt is due and owing the the Claimant.
The Claimant is attempting to profit out of bringing a court claim as the Claimant has suffered no losses due to the actions of the Defendant.
As with the case of PRA Group (UK) Limited v Mayhew at Central London County Court on 22nd March 2017 despite PRA Group providing unredacted Sale Agreements "NO ASSIGNMENT PROVED”.
17. I respectfully request therefore the court dismiss the claim and to allow such defendants costs as are permissible under civil procedure rule 27.14.
STATEMENT OF TRUTH
I believe the facts in this witness statement are true.
[SIGNED]
_______________________ (Defendant)