Ok, so here goes
Please can you just confirm that the font coloured red is correct to put?
1. The claim is for the sum of £8000 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsbury's Bank under the account number xxxxxxxxx upon which the defendant failed to maintain payments
2. A default notice was served upon the defendant and has not been complied with
3. The Balance owed was assigned from Sainsburys Bank plc to the Claimant, and the defendant has been notified of the assignment by letter
The Defendant contends that the particulars of claim vague and are 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.
1. 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.
2. The Claimant claims £xxxxx is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.
3. Paragraph 2 is denied. I am unable to recall a default notice being served.
4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.
5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, 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 and evidence any cause of action and service of a Default Notice; and
(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. After receiving 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 failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.
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.