Introduction To Writing Affidavits

Writing an affidavit is easily done and while there are no set forms or templates, there are certain rules to follow and these will be shown below, you can create your own templates and save them or use the one we will create in this document for England and Wales use. Certain areas of the world may have templates. This is designed for those following the three letters process and the three letters provide us the evidence we need for our affidavit

This affidavit is typically one which could be used in response to a claim against someone making a claim against you for money.

All affidavits have some basic elements and the first is to get things correct, when you have written your affidavit then read it and correct any mistakes, then read it again and get someone else to read it.
If you are creating your own template it must contain a margin of 1” (25mm) on either side of the document and this is for the court or Judge to make notes in, do not make these margins and the Judge can dismiss your affidavit in its entirety. It must also clearly state that it is an affidavit; I use larger letters and make them bold so it is clear it is an affidavit and nothing else.

You need the affiant (you if you are writing an affidavit) and the defendant, the person you are sending the affidavit to. You must always include the date.

You begin with your cause of action and this must be powerful, it must be clear and concise and to the point, it must not contain waffle and hearsay and only contain one verb and one pronoun per sentence and this must be the opening paragraph.

Always support your claims with Maxims and always cite case law or precedents from either the High court or the Supreme Court, these are superior courts; and never from Magistrates or Crown courts as they are inferior courts, always quote laws where they exist, and in certain cases you quote peer reviewed papers.

Always use numbered bullet points.

Always back up your and corroborate claims and where there is written correspondence you ideally should number it and stamp the date of receipt, a cheap date stamp will suffice, keep all your documents in date order and in plastic sleeves in a cheap ring binder folder, this way you can see them in date order.

Many rebutting affidavits are not based upon facts and are merely the OPINIONS of the individual writing the affidavit; therefore you must remain truthful and honest at all times and support your claims/counterclaims with evidence to support those claims.

Affidavits are there to direct the judge in law with maxims and ensures you are directing him/her in the right direction; yours. Never overload your affidavit with lawful maxims, stay concise as judges hate pages of Maxims.

Let us begin.

Our margins are in metric and are set to 2.54 Cm or 1”as this is a requirement for any affidavit.


                                                                          General Affidavit

We have clearly stated that the document is a general affidavit and nothing else, it can just be the word “affidavit” its your choice.

Affiant: Joseph Bloggs

Defendant: Fred Smith, CEO Parsnip & Co, Debt Collections Group – 17 Parsnip House, Parsnip Street, Fantasyland, Anywhereshire AB10 11CD.

We have named ourselves as the affiant and the defendant as Fred Smith with his service address and this information can be found on Companies House along with his service address so there is no dispute that this is an affidavit and  is served upon Fred Smith and his position in the company.

I; Joseph Bloggs of (insert your address) make this oath on (insert date) and state as follows.

That; this is made of my own free will and is based solely upon my first hand knowledge of this case and is, to the best of my knowledge, true, accurate and complete.

You have clearly stated essential elements, that it is of your own free will and that you have not been coerced into making this affidavit, that it is based upon your first hand knowledge and not hearsay evidence and that it is true, correct and complete as defined by maxim 4 of Commercial Law.

Parsnip and Co have made several claims against me stating I owe them £1000. I conditionally accepted their claims upon production of evidence validating the alleged debt. Having sent several requests for production of validation of claim Parsnip and Co have not produced any documents to evidence their claim in contravention of the law of Properties act 1925; a Supreme Court ruling see (Van Lynn V Pelias Construction Co Ltd 1968). Where Lord Denning M.R. said “the debtor is entitled to view the sale agreement to ensure the assignee can give him good discharge under the contract”.

We have stated our “cause of Action” clearly and concisely and it includes the amount they are alleging is claimed; it clearly states we have requested validation documents and they have refused to send them. We have supported our claims and cited the law, the law of properties act and an actual precedent in the Van Lynn V Pelias Construction case and the ruling by Lord Denning as Master of the Rolls.

1. That on (insert date) Parsnip & Co made an unsolicited claim of an alleged debt. Copy enclosed.

2. That on (insert date) I wrote back to them requesting validation documentation to support their alleged debt claim. Tracking No 12345678 by Royal Mail, received and signed for by Parsnip and Co in accordance with registered mail on (insert date). Copies enclosed

We send post by Royal Mail either as registered or recorded post and enclose the tracking number in our documentation and a photocopy of the receipt, always photocopy the receipts immediately as they fade and become illegible over time.


3. That on (insert date) Parsnip and Co sent another letter clearly stating they don’t have to provide this documentation, this was unsigned. This breaches the Lord Denning Precedent and Maxim 4 of Commercial Law as by being unsigned it is not true, correct, and complete; and that by not signing it nobody is accepting liability for this claim. Copy enclosed.

4. That on (insert date) I requested the supporting documentation for a second time, Copy enclosed. Tracking No 12345670 by Royal Mail, received and signed for by Parsnip and Co in accordance with registered mail on (insert date). Copies enclosed.

5. That on (insert date) correspondence was received from Parsnip and Co which stated they wouldn’t be providing this information as it was commercial information; this was unsigned for a second time and a printed term of Complaints Department was used. See point 3. The defendant has passed this to others within Parsnip and Co and allowed them to trespass on my private affairs, these are unwanted third party interlopers.
Chirographum non extans praesumitur solutum – when the evidence of a debt is not in existence, it is presumed to have been discharged. Parsnip and Co have refused to provide this evidence for a second time.
Causa patet  - the reason is obvious

6. That on (insert date) I requested this supporting documentation for a third time, of their alleged claim. Tracking No 12345681 by Royal Mail, received and signed for by Parsnip and Co in accordance with registered mail on (insert date). Copies enclosed.

7. That on (insert date) Parsnip and Co sent a response via their solicitors Screwem Solicitors and Partners, Screwem Solicitors have also trespassed in my private affairs, against my will as I have no contract with them and have no intention of contracting with them.
Contractus ex turpi causa vel contra bonos mores nullus est – A contract founded on a wronglul consideration, or against good morals, is null.
Culpa est immiscene se rei ad se non pertipenti – it is the fault for anyone to meddle in a matter not pertaining to him.

8. That on three occasions I have conditionally accepted their offer upon acceptance of the documentation supporting their claim; on three occasions they have refused to provide this substantiating documentation.

9. They have trespassed upon my private affairs, against my will, and without my consent, by sending a response through a department called Complaints Department, and through Screwen Solicitors, neither has first hand knowledge of this matter.

10. That; unsigned documentation has been sent by third party interlopers, he who makes a claim must accept liability for that claim, who is accepting liability? Cuique in sua arte creclend um est Everyone is to be believed in his own area of expertise. Confirmat usum qui tollit abusum one confirms a use, removes an abuse.

11. By creating and sending these documents, they are knowingly breaking section 7 of the Fraud Act 2006;

7 Making or supplying articles for use in frauds

(1) A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article—

(a) knowing that it is designed or adapted for use in the course of or in connection with fraud, or

(b) intending it to be used to commit, or assist in the commission of, fraud.

Ignorance of the law is no defence

Now we make our final statement, or closing statement

That Parsnip and Co have made a vexatious and fraudulent demand for monies, they have come into this with dirty hands; while I, the Affiant have come into this with clean hands in equity. I, the affiant, may have offered a conditional acceptance to their alleged claim in which would be accepted if they supplied corroborating and substantiating proof of this alleged claim, this has not been provided.
Parsnip and Co trespassed in my private affairs on two occasions and have failed to provide documentation in which a person (Fred Smith CEO) has accepted liability for these claims as no corporate entity can make such claims, only a person. Parsnip and Co have engaged in illegal and unlawful activities by creating such documentation which clearly breaches section 7 of the Fraud Act 2006 and on these grounds I rebut their claims in their entirety, and in substance.

Deceptis non deceptientibus, jura subveni unt
The law helps persons who have been deceived, not those deceiving.

You have complied with all the essential elements, you have stated this is a vexatious and fraudulent claim, that despite your affidavit being served upon Fred Smith, he has passed this onto others to deal with it and hasn’t responded himself. He has actively engaged two third parties to trespass in your private affairs and they have provided no quantifiable evidence to substantiate their alleged claims.












You now take your affidavit along with your two witnesses to your Notary Public and sign the affidavit in his/her presence, and that of your two witnesses, your witnesses do the same: the Notary will sign the document to witness the signatures and apply his/her seal to seal the document.

You now have a fully sealed Affidavit.

Questions and Answers:

1) Why do we photocopy the tracking receipts?
This is because they fade over time and if this gets to court you have true copies of the receipts in their original form.

2) Why do we include tracking numbers in our affidavit?
To get a tracking number you have to have the receipt (see question 1) and this shows the unique tracking number for each document sent, it also shows that you had to go into the Post Office to pay for registered post and this is included on the receipt, meaning (on most occasions) that the Postmaster has put your mail into a special sack for registered or recorded mail.

This does two things: first it proves your correspondence has been posted; secondly, any posted mail is deemed as delivered as soon as it is posted. Hence your mail is deemed by the court as delivered.
If you track your letter using its tracking number you can show what time it arrived and on what date, it also shows the signature of the employee who signed for it.

This prevents them from their usual claim of saying "it didn't arrive" when you have a screenshot of the date and time it arrived along with a signature of en employee signing for it. Its not your resposibility if their adninistrative procedures are poor, its THEIR liability.

IMPORTANT NOTE

It is of utmost importance when you send an affidavit that it is factually correct
to the best of your belief and knowledge.
If it is not and it can be proved ,you open yourself up to perjury.
If you have reached this stage you should not be cut & pasteing anyway.
On that basis you should tweek the affidavit where necessary,reading
what you have written several times untill you are happy with it.

Get this right and it should be the end of the claim.


Our completed affidavit is below.


Affiant: Joseph Bloggs

Defendant: Fred Smith, CEO Parsnip & Co, Debt Collections Group – 17 Parsnip House, Parsnip Street, Fantasyland, Anywhereshire AB10 11CD.

I; Joseph Bloggs of (insert your address) make this oath on (insert date) and state as follows.

That; this is made of my own free will and is based solely upon my first hand knowledge of this case and is, to the best of my knowledge, true, accurate and complete.

Parsnip and Co have made several claims against me stating I owe them £1000. I conditionally accepted their claims upon production of evidence validating the alleged debt. Having sent several requests for production of validation of claim Parsnip and Co have not produced any documents to evidence their claim in contravention of the law of Properties act 1925; a Supreme Court ruling see (Van Lynn V Pelias Construction Co Ltd 1968). Where Lord Denning M.R. said “the debtor is entitled to view the sale agreement to ensure the assignee can give him good discharge under the contract”.

1. That on (insert date) Parsnip & Co made an unsolicited claim of an alleged debt. Copy enclosed.

2. That on (insert date) I wrote back to them requesting validation documentation to support their alleged debt claim. Tracking No 12345678 by Royal Mail, received and signed for by Parsnip and Co in accordance with registered mail on (insert date). Copies enclosed

3. That on (insert date) Parsnip and Co sent another letter clearly stating they don’t have to provide this documentation, this was unsigned. This breaches the Lord Denning Precedent and Maxim 4 of Commercial Law as by being unsigned it is not true, correct, and complete; and that by not signing it nobody is accepting liability for this claim. Copy enclosed.

4. That on (insert date) I requested the supporting documentation for a second time, Copy enclosed. Tracking No 12345670 by Royal Mail, received and signed for by Parsnip and Co in accordance with registered mail on (insert date). Copies enclosed.

5. That on (insert date) correspondence was received from Parsnip and Co which stated they wouldn’t be providing this information as it was commercial information; this was unsigned for a second time and a printed term of Complaints Department was used. See point 3. The defendant has passed this to others within Parsnip and Co and allowed them to trespass on my private affairs, these are unwanted third party interlopers.
Chirographum non extans praesumitur solutum
Causa patet

6. That on (insert date) I requested this supporting documentation for a third time, of their alleged claim. Tracking No 12345681 by Royal Mail, received and signed for by Parsnip and Co in accordance with registered mail on (insert date). Copies enclosed.

7. That on (insert date) Parsnip and Co sent a response via their solicitors Screwem Solicitors and Partners, Screwem Solicitors have also trespassed in my private affairs, against my will as I have no contract with them and have no intention of contracting with them.
Contractus ex turpi causa vel contra bonos mores nullus est
Culpa est immiscene se rei ad se non pertipenti

8. That on three occasions I have conditionally accepted their offer upon acceptance of the documentation supporting their claim; on three occasions they have refused to provide this substantiating documentation.

9. They have trespassed upon my private affairs, against my will, and without my consent, by sending a response through a department called Complaints Department, and through Screwen Solicitors, neither has first hand knowledge of this matter.

10. That; unsigned documentation has been sent by third party interlopers, he who makes a claim must accept liability for that claim, who is accepting liability? Cuique in sua arte creclend um est Everyone is to be believed in his own area of expertise. Confirmat usum qui tollit abusum

11. By creating and sending these documents, they are knowingly breaking section 7 of the Fraud Act 2006;

7 Making or supplying articles for use in frauds

(1) A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article—

(a) knowing that it is designed or adapted for use in the course of or in connection with fraud, or

(b) intending it to be used to commit, or assist in the commission of, fraud.

Ignorance of the law is no defence

That Parsnip and Co have made a vexatious and fraudulent demand for monies, they have come into this with dirty hands; while I, the Affiant have come into this with clean hands in equity. I, the affiant, may have offered a conditional acceptance to their alleged claim in which would be accepted if they supplied corroborating and substantiating proof of this alleged claim, this has not been provided.
Parsnip and Co trespassed in my private affairs on two occasions and have failed to provide documentation in which a person (Fred Smith CEO) has accepted liability for these claims as no corporate entity can make such claims, only a person. Parsnip and Co have engaged in illegal and unlawful activities by creating such documentation which clearly breaches section 7 of the Fraud Act 2006 and on these grounds I rebut their claims in their entirety, and in substance.

Deceptis non deceptientibus, jura subveni unt

Woah excellent work Assassin!

Daveiron suggested a small change, if you intend moving it I would suggest waiting until Dave has made his suggested change.

IMPORTANT NOTE


It is of utmost importance when you send an affidavit that it is factually correct
to the best of your belief and knowledge.
If it is not and it can be proved ,you open yourself up to perjury.
If you have reached this stage you should not be cut & pasteing anyway.
On that basis you should tweek the affidavit where necessary,reading
what you have written several times untill you are happy with it.

Get this right and it should be the end of the claim.

I would add to Daves post.

Always create your own affidavits, I have posted the essential points and never copy and paste others, if people copy and paste, debt collectors know this when they keep getting the same affidavit from several people and they make vexatious claims about them being template documents and raise doubts about them, some people fall for it.

Affidavits are very powerful tools and it is essential for people to learn about them, too many people are lazy and want quick solutions, they are neither quick and easy, but very effective.

daveiron wrote:                                   IMPORTANT NOTE


It is of utmost importance when you send an affidavit that it is factually correct
to the best of your belief and knowledge.
If it is not and it can be proved ,you open yourself up to perjury.
If you have reached this stage you should not be cut & pasteing anyway.
On that basis you should tweek the affidavit where necessary,reading
what you have written several times untill you are happy with it.

Get this right and it should be the end of the claim.

Apologies for the delay! Now added to the post that hosts the affidavit template:

https://goodf.forumotion.com/t5241-introduction-to-writing-affidavits#35402