I have been reading other threads and have drafted a defence to fit the POCs.
1.The claimant claims the sum of £1834.29 for an outstanding debt owed.
2.On 22.01.2008 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference …..
3.On the 06/2018 the defendant defaulted on the agreement with an outstanding balance of £2019.29.
4.On 17/08/2015 the debt of £2301.02 was assigned to PRA Group(UK) Ltd. Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925.
Payments of £434.52 were received up to 06/06/2018 and adjustments have been applied in the sum of £32.21.
5.AND THE CLAIMANT CLAIMS
1. The sum of £1834.29[/color]
Defence (final edit):
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. Paragraphs 1 & 2 are noted and it is accepted that I have in the past had financial dealings with Barclaycard. I am unable to recall the precise details of the alleged agreement but recall it was on or about 2008.
3. Paragraph 3 is denied. I am unaware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974. I have sought verification from the claimant regarding this matter and to date they have failed comply.
4. Paragraph 4 is denied. I am unaware of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 Section 136(1), as stated on the claim, by the Claimant or by Barclaycard. I have sought verification from the claimant regarding this matter and to date they have failed to comply.
5. Notwithstanding the above, requests for information pursuant to the consumer credit act (section 78) and
CPR 31.14 were made. A Section 78 request was sent on 28/01/2019, and shows as received 29/01/2019. A CPR 31.14 request was sent 28/01/2019 and shows as received 29/01/2019. The claimant has still not complied to my Section 78 request and to date has failed to comply to my CPR 31.14 request.
6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant, and 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 the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.
7. As per Civil Procedure 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 claims to be 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 82 A 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.
any thoughts and advice always appreciated