Hi everybody. I have received a bog standard response to my CCA request today. Stating "we will be able to provide this information withing 40 days.
So I wish to file my defence shortly and have been researching other similar threads thoroughly.
I am not sure if this is the correct wording especially with point No. 2. Thought about putting
. Does this depend on whether payments were made?
If someone could advise I would greatly appreciate it.
Particulars of Claim
1. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Citifinancial dated on or about Nov 04 2002.
2. Assigned to the Claimant on May 30 2006 in the sum of 54XX
3. Particulars a/c no XXXXXXXXXXXXXXXX
28/11/2014, Default Balance: 54XX, Post Refrl Cr NIL, Total: 54XX
1. 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.
2.Paragraph 1 is denied with regards to an amount due under an agreement referred to in the Particulars of Claim ('a contract'). .The claimant has yet to provide a copy of the agreement as per my section 78 and is and remains in default of said request.
3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in 2006 or any other year from either the Claimant or Citifinancial .*
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 with the Claimant; and
(b) show how the Defendant has reached the amount claimed for; and
© show how the Claimant has the legal right, either under statute or equity to issue a claim;
5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 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 section 77/78 request and remain in default and with regards to my CPR 31.14 request have stated that they are under no obligation to disclose any documentation on which their claim is based.
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, 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.
8. 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.