It a very short particular of claim.......

Why not go with something along the lines......

1. The Defendant contends that the particulars of claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC

2. It is admitted I have in past held various catalogue agreements with numerous companies.I do not recollect the alleged agreement the claimants refers to and have therefore requested further information with view to agreeing a settlement with the claimant. Unfortunately the claimant has refused and failed to comply to my requests.

3. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) in connection to this agreement.

4. On receipt of this claim I made a request via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied and to date nothing has been received.

5. On MY DATE I made a CCA Request to the claimant, I received a response on MY DATE stating the claimant could not comply because of GDPR.

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement and;

b) show how the Defendant has reached the amount claimed for and;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Thank you

That looks perfect, I'll upload it when I get home.

Just to keep the thread updated.....

On Friday I received a letter from the court acknowledging my defence.

So now I guess I'm just waiting to see if they want to go ahead with it.

I've received another letter, this time from Restons (I have attached it to this post).

l'm guessing this is just the standard sort of letter they send out and that I should just ignore it ?

Also how long do they have to return the questionnaire to the court?

SCAN3.pdf

begging letter.....

give us something before we have to discontinue the claim

we cant confirm its you we are after

we hold no paperwork whatsoever and cant get any

we issued the speculative claim in the hope of a non contested default rubberstamped judgement

but our 28 days to do 'something' since you filed your defence is fast approaching

once that expires we'll have to pay even more court fees to progress the claim

the debt was only £182 and we've already lost money by filing the claim

Succinctly interpreted

" Also how long do they have to return the questionnaire to the court? "

questionnaire ?

Andy

begging letter.....

 

give us something before we have to discontinue the claim

we cant confirm its you we are after

we hold no paperwork whatsoever and cant get any

 

we issued the speculative claim in the hope of a non contested default rubberstamped judgement

but our 28 days to do 'something' since you filed your defence is fast approaching

once that expires we'll have to pay even more court fees to progress the claim

 

the debt was only £182 and we've already lost money by filing the claim

Thank you

I really did laugh out loud when I read this.

Succinctly interpreted

 

" Also how long do they have to return the questionnaire to the court? "

 

questionnaire ?

 

Andy

I thought that was the next stage after I submitted my defence.

But I think dx just answered the question above with 28 days...lol

No..... the DQ is only sent out when (if) the claimant informs the court it wishes proceed within the 33 days otherwise the claim is stayed...if they do proceed then both parties must complete and submit it by the dates stated.

Hi guys

Nothing new to update you with yet.

But shouldn't I have heard something by now ?

looks like its stayed then.

itwill now cost them more money to move it fwd IF they do

you'll probably get the threaten to lift the stay and the summary judgement threat unless you remove your defence letter etc etc

go read reston claimform threads here you'll see it

Is it really stayed now.

Wouldn't I have received a letter from the court to say it was stayed ?

Ok I'll go and have a read.

What would they gain by me removing my defence?

Is it really stayed now.

 

 

Wouldn't I have received a letter from the court to say it was stayed ?

 

You did...it explains the process in your acknowledgment of defence receipt

 

 

Ok I'll go and have a read.

 

 

What would they gain by me removing my defence?

judgment

Andy

Oh ok. So If I was to remove my defence they would win by default.

Spoke too soon....

I received this letter from them a couple of days ago.

I'm guessing it's just a begging letter?

scan4.pdf

begging letter before they have to discontinue the claim.

as post 61

Ok thanks

So far so good.

I still haven't heard anything else from anyone so fingers crossed.