Kingston Upon Thames County Court struck out a claim brought by one of the UK’s largest debt purchasers and collectors on the day of trial.

The claimant sought to pursue the defendant for a substantial credit‑card debt arising under a regulated consumer credit agreement. On the day of trial, Horaine, acting for the successful defendant, challenged the claimant’s attempt to admit hearsay evidence under the Civil Evidence Act 1995, as well the claimant’s attempt to rely on an unsigned witness statement in circumstances where a significant credit card debt as well the reconstituted agreement relied on by the claimant are disputed. Upon hearing oral submissions on behalf of the defendant, the court struck out the claim in favour of the defendant.

A clear reminder that consumer credit litigation demands effective advocacy, attention to detail and careful case management throughout. Horaine Henry acted for the successful defendant.