first attempt to read the sucess story and make my defense. POC are same as clain form. Please can you have a quick look at the following amended defence.
#### Particulars of Claim #####
1. The defendant owes the claimant £xxx.xx under a credit card agreement with JCIA
2. Dated the xx/xx 2004 and which was assigned to the claimant and notice of which was given to the defendant
3. Despite formal demand requests for payment the debt the defendant has failed to pay and the claimant claims £xxx.xx and also claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £xx.xx.
###### Defence ######
1. The Defendant contends that the particulars of claim are vague and generic in nature. 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.
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 denied. I have never had any financial dealings with JCIA in the past.It is denied I have any knowledge of the above Claimant .
3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment.
4. Paragraph 3 is denied , the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31.14/Section 78 and the Claimant is put to strict proof to:
(a) show how the Defendant has entered into an agreement; and
(b) show and evidence the service of a default notice pursuant to sec 87(1) of the CCA1974
(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;
6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
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 Consumer Credit Act 1974.
8. 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.