Hi this is my first attempt (be gentle with me)
Thank you in advance
Particulars of claim for cross reference.
1) The claim comprises the following Agreements the Defendant entered into :
a. JD Williams & Company Limited with reference ******** and current balance of £1681.86
b. JD Williams & Company Limited with reference ********and current balance of £593.75
2.The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.
And the Claimant claims :
a) The total of the said sums being £2275.61
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 but limited to one year, being £182.05
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.
1 Paragraph 1 is noted. I have had an agreement in the past with JD Williams & Company Limited but do not recognise the account numbers referred to by the claimant.
2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.
3 On the 22/08/2019 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.
4 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 how the Defendant has reached the amount claimed for; and
(c) Show and evidence any breach and service of a Default Notice which it refers to in their particulars;
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;
5 As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
6 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.
7 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.