Have finished a draft, is this any good?
1.This claim is for £2030.36 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.
2.This debt was assigned to / purchased by Lowell Portfolio 1 Ltd on 02/12/2011 and notice served pursuant to the law of property act 1925
A/C No ********
And the claimant claims £2030.36
The claimant also claims interest pursuant to S69 county court act 1984 from 02/12/2011 to date at 8% per annum amounting to £162.43
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. The claim is denied with regards to an amount due under an agreement.The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.
3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.
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.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.