Affidavit Of Debt for the United Kingdom

Affidavit Of Debt Template for England and Wales

An Affidavit of Debt is a sworn written statement used in England and Wales to formally verify the existence and amount of a debt owed. It contains detailed information about the debt, including its origin, current balance, and payment history. The document must be sworn before a commissioner for oaths or solicitor and includes supporting documentation to substantiate the claim. It is commonly used in debt recovery proceedings and must comply with the Civil Procedure Rules and relevant legislation.

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What is a Affidavit Of Debt?

An Affidavit of Debt is a crucial document in debt recovery proceedings under English and Welsh law. It is used when a creditor needs to formally establish the existence and details of a debt for legal purposes, particularly in court proceedings. The affidavit must include specific information about the debt's origin, amount, interest, and payment history, and must be sworn before an authorized official. It serves as evidence of the debt and forms the basis for legal action. The document must comply with the Civil Procedure Rules and various legislative requirements, including the Limitation Act 1980 and, where applicable, the Consumer Credit Act 1974.

What sections should be included in a Affidavit Of Debt?

1. Title and Court Information: Court details, case number if applicable, and title of document

2. Deponent Information: Full name, address, and position/authority of person making affidavit

3. Identification of Parties: Details of creditor and debtor

4. Debt Details: Original amount, current balance, interest rates, payment history

5. Statement of Truth: Formal declaration of truth of contents

6. Authentication: Signature, date, and commissioner for oaths details

What sections are optional to include in a Affidavit Of Debt?

1. Assignment History: Details of debt assignments when the debt has been transferred between creditors

2. Previous Recovery Attempts: History of collection efforts when relevant to establishing claim history

3. Interest Calculations: Detailed breakdown of interest accrual when claiming significant interest amounts

What schedules should be included in a Affidavit Of Debt?

1. Original Credit Agreement: Copy of the original contract or agreement establishing the debt

2. Statement of Account: Detailed transaction history showing all debits, credits, and current balance

3. Assignment Documents: Documentation proving the chain of assignment if the debt has been transferred

4. Correspondence History: Compilation of relevant communications between creditor and debtor

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Industries

Civil Procedure Rules - Part 22 and 32: Rules governing Statements of Truth and Evidence requirements in civil proceedings. Practice Direction 32 provides specific guidance on evidence handling.

Limitation Act 1980: Establishes time limits for bringing claims - 6 years for simple contracts and 12 years for specialties (deeds). Critical for determining if debt claim is time-barred.

Consumer Credit Act 1974: Regulates consumer credit agreements and specifies requirements for information and documentation when debt relates to consumer credit.

Evidence Act 1851: Contains statutory provisions regarding the preparation and handling of affidavits in legal proceedings.

Commissioners for Oaths Act 1889: Specifies requirements for proper execution of affidavits, including who can administer oaths and proper witnessing procedures.

County Courts Act 1984: Provides framework for debt recovery procedures in county courts, including jurisdiction and enforcement methods.

Debt Respite Scheme Regulations 2020: Establishes breathing space provisions for debtors, including mental health crisis moratorium. Must be checked before proceeding with debt recovery.

Data Protection Act 2018 and UK GDPR: Governs the handling and processing of personal information in debt-related documentation and proceedings.

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