that's brilliant thanks. so im ending up with something like this?
Particulars of claim
1, The defendant entered into an agreement with vodafoneicon under account reference xxxxxxxx ("the agreement")
2, The defendant failed to maintain the required payments and a default notice was served and not complied with
3, The Agreement was later assigned to the claimant on 30/03/2015 and notice given to the defendant
4, Despite repeated requests for payment the sum of £763.91 remains due and outstanding.
and the claiment claims
a, the said sum of 763.91
b, interest pursuent to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £0.167 but limited to one year being £61.11
1. The Defendant entered into an agreement with vodafone. The defendant was promised that they would receive 4g coverage at there home address which vodafone failed to provide and as such were in breach of contract. Because of this said service was not fit for purpose. The contract was therefore disputed and terminated.
2. Paragraph 2 is denied. The Defendant denies failing to maintain the required payments to vodafone. It is not admitted that any valid Default Notice was ever served. It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have sent to me by the claimant.
3. Paragraph 3 is denied with regards to the Defendant being informed the Agreement was assigned to the Claimant. Claimant has yet to disclose any such documentation as requested by CPR 31.14
4. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county court Judgment and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim
Therefore the claimant is put to strict proof to:
(a) show how the Defendant has entered into an agreement/contract; and
(b) show proof the Defendant was sent default notice and termination notice/demand notices; and
© show how the Claimant has the legal right, either under statute or equity to issue a claim; and
(d) show how the Defendant has reached the amount claimed for.
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, 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.
7. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.
8. 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.