Is this ok for the witness statement, appreciate I have to head it with case name and claim number.
1.The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence.
2. I have made a section 78 request to the claimant on 14 March 2016 and the claimant has failed to respond to this request.
3. I have made a request for disclosure to the claimant persuant to Part 31 of the Civil Procedure Rules on 14 March 2016, for me to properly respond to the claim, and the claimant has failed to respond to this request.
4. It is Not admitted that I signed any agreement with Barclaycard . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.
5. It is averred that before Proceedings may be commenced the Claimant or MKDP LLP/Barclaycard must have served myself with a valid Default Notice complying with the provisions of Sections 87 and 88 of the Act and the Regulations made subsequent to that Act.
6. It is not admitted that any valid Default Notice was ever served upon me and the Claimant is put to strict proof.
7. It is not admitted that any alleged agreement was lawfully assigned to the Claimant. The Claimant is put to strict proof that such a lawful assignment took place. Without this proof, the Claimant has no standing before the court.
8. Further and in the alternative if, which is not admitted, an enforceable agreement is in existence, it is not admitted that any or all of the monies claimed are lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how the sum claimed is lawfully owing.
9. In any event and pursuant to the County Courts (Interest on Judgement Debts) Order 1991 the claim for interest pursuant to Section 69 of The County Courts Act 1984 is denied.
10. Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed.
11. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.
Statement of Truth
I believe that the facts stated in this defence are true.