I'm going to send this later today unless someone can tell me. A: Its not the right thing to do. Or. B: A defence I should file..
Particulars of Claim
Monies Due under current account overdraft.
1.The Claimant’s claim is for the balance outstanding under a bank account facility Yorkshire Bank (‘YRB’) agreed to maintain for the defendant.
2.It was a term of the bank account that any debt balance would be repayable by the defendant in full on demand.Despite a demand being made, the defendant has failed to repay the amount due.
3.The debt was assigned to the claimant on xxxxxx?
The claimant therefore claims £1451.85”
Paragraph 1 is accepted that I have had financial dealings with Yorkshire Bank in the past I am not aware or ever been informed of any legal assignment of this account number to the claimant.
Paragraph 2 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to
strict proof to evidence this breach.
Paragraph 3 is denied with regards to the amount the Defendant owing monies to the Claimant.
On receipt of the claim form the Defendant sent a CPR 31.14 request dated 14/12/2014 for a copy of the overdraft
facility agreement, Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and a
statement of account showing how the amount claimed has been reached, which form the basis of this claim.
This was signed for by the claimants’ solicitors “Mitchell” on 17/12/2014 @ 8.22am (As per the Royal Mail Signed For™ service). The claimant has yet to comply.
Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify
their claim and against pre action protocol should be considered when the question of costs arise.
Therefore the Claimant is put to strict proof to:
(a) show how the Defendant has entered into an agreement with the Claimant; and
(b) show how the Defendant has reached the amount claimed for; and
© show Notice served under Sections 76(1) and 98(1) of the CCA1974
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;
As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is
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.
Until such time the Claimant can comply with my request for a copy of the Overdraft facility agreement/Notice served under Sections 76(1) and 98(1) of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974
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[/i]
Send this defence stating NO to counter claim.. wait and hear i guess