Ok, i have put somethingtogether,but im not sure i have it right, and not sure if it is too similar to others. Do I need to put anywhere that the account was in despute with welcome? Sorry if this is wrong, its alot to take in.
Particulars of Claim
1. By an agreement between WELCOME FINANCE & the Defendant on or around 25/05/2005 ('the Agreement') WELCOME FINANCE agreed to load the defendant monies.
2. The Defendant did not pay the instalments as they fell due & the Agreement was terminated.
3. The Agreement was assigned to the Claimant.
4. THE CLAIMANT THEREFORE CLAIMS 7358.51
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 noted I have in the past had financial dealings with Welcome Finance I am unable to recall the precise details of any alleged debt and therefore any indebtedness is denied until such time the claimant can comply and clarify its claim.
3. Paragraph 2 is noted. The Claimant is put to strict proof that any such payments were missed and that a valid default notice was raised and served.The claimant as an assignee is surmising and has no real knowledge of the alleged debt or any history in its vague and generic pleadings.
4. Paragraph 3. I am unaware of any legal assignment and it is denied I have ever received a Notice of Assignment undated as per the claimant’s particulars.
5. Paragraph 4 is denied. The claimant has yet to respond to my section 77 request dated 12/12/2016 and further clarification by way of a CPR 31.14 request dated 12/12/2016. It is my understanding that the claimant is prevented from seeking any relief until such time they conform and comply with my request.
6. 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
© show how the Claimant has the legal right, either under statute or equity to issue a claim;
7. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
8. 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.
9. 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