What is the claim for –
1.The claim is for the sum of £3513.74 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of XXXXXXXXXXX
2.The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.
3.The debt was legally assigned to the claimant on 15-09-21. notice of which has been given to the defendant.
4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of those proceedings in the sum of £196.38
The Claimant claims the sum of £3710.12
The Defendant contends that the particulars of claim 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. Paragraph 1 is noted. I have had financial dealings with PAYPAL in the past but cannot recollect the account number referred to by the Claimant.
2. Paragraph 2 is denied. I am not aware of service of a Default Notice by the original creditor the Claimant refers to within its particulars of claim.
3. Paragraph 3 is noted.
On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to validate the claimants claim.. To date they have failed to comply to my section 78 request and remain in default of my request.
4. Therefore it is denied 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 and:
(b) Show the nature of the breach and evidence by way of a Default Notice Pursuant to s.87(1) of the Consumer Credit Act 1974.
5. As per Civil Procedure 16.5 it is expected that the Claimant prove the allegation that the money is owed.
6. 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.
Also wanted a note about Paypal brexit bit? can't find the correct wording
Wanted something about Paypal EU brexit too