1. The Defendant denies that he is indebted to the Claimant whether as alleged at all.
2. The Defendant contends that the Claimant is in breach of Rule 16.4(a) of the Civil Procedure Rules 1998 in that the Particulars of Claim do not set out a clear and concise statement of facts upon which they rely.
3. The Claimant has failed to identify or plead a date the cause of action allegedly accrued.
4. There are no details as to when the alleged default occurred, the degree of default, the Defendant contends that the pleadings are wholly inadequate and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and Civil Procedure Practice Direction 16.
5. The Claimant has failed to comply with Practice Direction 16 Pre Action Conduct in that it
a. Failed to set out the basis on which the claim is made;
b. Failed to provide a clear summary of the facts on which the claim is based;
c. Failed to detail what the claimant wants from the defendant;
d. Failed, if financial loss is claimed, provide an explanation of how the amount has been calculated;
e. Failed details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.
f. Failed to list those documents upon which the claimant intends to rely;
g. Failed to state the date by which the claimant considers it reasonable for a full response to be provided by the defendant;
h. Failed to afford the Defendant the opportunity of requesting copies of those documents prior to the filing of a Defence
i. Failed, knowing that the Defendant was unrepresented to refer the defendant to this Practice Direction particularly in respect of paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction;
j. Failed to warn the defendant that ignoring the letter before claim will lead to the claimant starting proceedings and may increase the defendant's liability for costs.
6. The Defendant denies receiving a Notice of Assignment pursuant to the Consumer Credit Act 1974 from either the claimant in respect of the alleged agreement, or the original creditors, and puts the Claimant to strict proof by providing a certified copy of said Notice as referred to in the Particulars of Claim.
7. The Particulars of Claim are lacking detail and do not identify any specific item, service or goods to which the Defendant is allegedly indebted nor do they specify when the alleged agreement was entered.
8. The Claimants claim form fails to adequately or even accurately set out the nature of the claim
9. The Defendant contends that the Claimant has failed to attach any documents to the Claim Form as required.
10. The Defendant demands by reason of the provisions of Civil Procedure Practice Direction 16 para 7.3 that the claimant does provide a certified copy of the alleged executed written Agreement referred to in the particulars of claim, as the Defendant does not recall signing such document.
11. The Defendant reserves the right to replead their Defence should the claimant replead its claim adequately.
12. The Defendant denies being served a Default Notice / Notice of Termination of Agreement pursuant to the Consumer Credit Act 1974 by the original creditor for the alleged agreement and puts the Claimant to strict proof by providing a copy of said Default Notice / Notice of Termination of Agreement as referred to in the Particulars of Claim.
13. Section 87 (1) of the Consumer Credit Act 1974 states as follows:-
a. (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—
(a) to terminate the agreement, or
(b) to demand earlier payment of any sum, or
© to recover possession of any goods or land, or
(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e) to enforce any security.
14. The Defendant denies signing any agreement with the Claimant and demands the claimant provide a certified copy of the Deed of Assignment signed by the original creditor, the Defendant & the Claimant, as proof they have the right title and interest to pursue the alleged debt.
15. The Defendant demands that in accordance with s.136 (1) of the law of property act 1925, that the claimant do provide proof of absolute assignment, by providing a certified copy of the Deed of Assignment between the original creditor and the Claimant to show proof of complete transfer and ownership (all rights, title, interest, benefits and liabilities) and that they have the power to give good discharge pursuant to s.136 (1) © of the Law of Property Act. As referred to in the Particulars of Claim.
16. The Defendant avers that the Claimant’s pleadings are an abuse of process.
17. The Particulars do not identify any cause of action.
18. The Claimant is put to strict proof.