Could someone review the defence I have prepared please?
I dont have got a copy of an old default notice from 2007, but have asked them to provide me with a copy, does this need to be taken into account on my defence statement?
I don't have a copy of an assignment notice from Cap One to HPH2, just one from HPH2 to HFUH2L, but was HPH2 Cap One?
If I have these 2 documents, but no original agreement can I still use this as a defence?
1. This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX.
2. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974.
3. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE).
4. Written notice of the assignment has been given.
5. The Claimant claims 1. The sum of 294 2. Costs
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.
2. Paragraph 1 is noted and it is accepted insofar that I have had financial dealings with Capital One Bank (Europe) Plc in the past, but I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant.
3. Paragraph 2 is denied I am unaware of any service of a valid Default Notice pursuant to the consumer credit Act 1974
4. Paragraph 3 I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant.
5. On the 27th November 2019 (both sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request to Howard Cohen and Co. Solicitors and a Section 78 request to the Claimant Hoist Finance UK Holdings 2 Ltd to gain further details. Both have been signed for as received but the claimant has yet to comply.
6. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to:
(a) show how the Defendant has entered into an agreement; and
(b) show and evidence the nature of the breach and service of a valid default notice;
(c) show how the Defendant has reached the amount claimed for; and
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;
7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant 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.