linz2011
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Is this okay? DEFENCE I xxxx xxxx of xxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by Marlin. 1. It is not accepted that the Defendant has an agreement with the Claimant. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number given in the Particulars of Claim and so cannot admit or deny an agreement with EGG. 2. it is 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 with the Claimant; and b) show how the Defendant has reached the amount claimed for; and c) show how the Claimant has the legal right, either under statute or equity to issue a claim; 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Despite a request being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant is still in breach of the s78 request. A further request made via CPR31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant is basing their claim. 4. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act. 5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Statement of Truth I believe that the facts stated in this defence are true. Signed ……….. Defendant
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