Here’s what has been submitted.
1. The Claimant claims payment of the overdue balance due from the
Defendant(s) under a contract between the Defendant(s) and New Day
dated on or about Nov 9 2016 and assigned to the claimant on Aug 9
THE CLAIMANT THEREFORE CLAIMS £1190.72 + costs of £70.00 + £80.00
1.The Defendant contends that the particulars of the 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.
a) There is no contract between New Day and the Defendant(s) and the
Claimant has failed to provide proof in any correspondence with the
Defendant(s) despite the request to do so. Allegedly New Day were
"sold a Marbles CC debt" but were unable to provide proof of
allocation and the matter was closed. It would transpire they have
subsequently sold the alleged debt to Cabot Financial who were also
asked to provide proof of allocation and to date have failed to provide
said proof and to return the Security Instrument upon which this alleged
debt was formed on payment of the alleged debt.
b) I deny any indebtedness to the Claimant but particularly deny they are
due statutory interest on the alleged amount and as such I request full
disclosure of the amount the Claimant alleges to have paid for this
c) The agreement/contract, including the specific Terms at the point the
alleged Agreement was made and any subsequent changes need to be
furnished by the Claimant to validate any alleged indebtedness on the
part of the Defendant. Respectfully, you will appreciate that in an
ordinary case and by reason of the provisions of CPR PD 16 para 7.3,
where a claim is based upon a written agreement, a copy of the
contract or documents constituting the agreement should be attached
to or served with the particulars of claim and the originals should be
available at the hearing. Further, that any general conditions
incorporated in the contract should also be attached:
a. The deed of assignment
b. The notice of assignment
c. The default warning letter
d. The default notice
2.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.
3.Paragraph 1 is noted. I have in the past had financial dealings with Marbles
CC. However, I am unaware of what alleged debt with New Day the claimant refers to having failed to adequately particularise its claim and have had no
banking business whatsoever with New Day or the Claimant.
4.I do not recall receiving any Notice of Assignment from either assignor or
assignee pursuant to the Law of Property Act 1925.
5.It is therefore denied with regards to the Defendant owing any monies to the
Claimant, the Claimant has declined to provide any evidence of
assignment/balance/breach requested by CPR 31.14, 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 and evidence the breach and that a Default Notice was issued
pursuant to Sec 87.1 CCA1974;
d) show how the Claimant has the legal right, either under statute or
equity to issue a claim;
e) is able to furnish the defendant with the original (not a copy) Security
Instrument on settlement of the alleged debt:
f) is able to provide a certified true copy of the Deed of Assignment
g) A true and certified copy of the consumer credit agreement/contract
subject to section 77 of the Consumer Credit Act 74 and also
comprising The Consumer Credit (Prescribed Period for Giving
Information) Regulations 1983 [sI 1983/1569]
6.On receipt of this claim I requested by way of a CPR 31.14 request and a
section 78 request for copies of any documents referred to within the
Claimants particulars to establish what the claim is for. To date they have
declined to comply to my section 78 request and remain in default and with
regards to my CPR 31.14 request. Therefore the claimant in their non-
compliance to my requests have frustrated my attempts to clarify their claim
and failure to comply with pre-action protocol should be considered when the
question of costs arise and whether or not this claim should proceed at all.
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 thereof.
10.A "Notice of Irrevocable Estoppel by Acquiescence" was issued to the
claimant on 26 AUG 2018 for failure to provide proof of agency in this matter.
A copy of which will be provided at any future hearing.
11.The Defendant also contests Jurisdiction and respectfully request that if any
hearing is to proceed that the case is moved to the Bournemouth County
12.If the court feels that the Claimant has no claim due to their inability to provide
the evidence requested the Defendant respectfully asks the court to issue
Stay Of Proceedings.
This defence is hereby certified as true to the best of my knowledge.