defence deadline 25th april, sorry it copied from another thread along the same lines, might need alot of reworking?
also my other half has took a call from lowell, asking if defence has been submitted! she offered her a payment plan and the court claim would be stopped, she agreed and has just told me this, ive just hit the roof!!!
1 )The defendant entered into a consumer credit act 1974 regulated agreement with Capital One under account ref ********** ('the agreement')
2. The defendant failed to maintain the required payments and a Default Notice was served and not complied with.
3 )the agreement was later assigned to the claimant on sep-2014 and notice was given to the defendant.
despite repeated requests for payment,tge sum of £2000+ remains due and outstanding.
And the Claimant claims
a)the said sum of £2000+
b)interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of Assignment to the date of issue,accruing at a Dailly rate of £0.468, but limited to one year,being £170.69
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. I have held an account with Capital One for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request.
3.Paragraph 2 is denied, the claimant has failed to produce any evidence of a Default Notice being served or any evidence of any breach and furthermore would not be in a position to have knowledge of this..
4. Paragraph 3 is denied I am unaware of any alleged assignment purported to the account number referred to nor ever served any Notice of Assignment.
5. The Claimant has failed to provide any 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 how the Defendant has reached the amount claimed for; and
© Show evidence of service of a Default Notice and Notice of Sums in Arrears
(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;
6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed.
7. On the alternative, if 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 Act 1974.
8. 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.
9. 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.