1. The claimant claims the sum of £436.86 being monies due from the defendant to the claimant under a regulated agreement between the defendant and New day and assigned to the claimant on 12/09/2017, notice of which has been provided to the defendant.
2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.
3. The claimant claims the sum of £436.86.
The Defendant contends that the particulars of claim are extremely vague. 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.
Paragraph 1 it is noted I have held in the past a financial agreement with Newday Ltd Aqua. I do not recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and CCA Section 78 request. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1).
Paragraph 2 of the claim is denied. I have not been served with a Default Notice pursuant to the consumer credit Act 1974.
Paragraph 3, on receipt of the claim form, I the Defendant sent a request by way of a Section 78 request pursuant to the Consumer Credit Act 1974 for a copy of the agreement, by Royal Mail 1st Class Recorded Delivery, the Claimant has yet to comply and as such is in default of said request.
Additionally I have also requested by way of a CPR 31.14 copies of the documents referred to in the particulars.
It is therefore denied with regards to the Defendant owing any monies to the Claimant, therefore the Claimant is put to strict proof to:
(a) show how the Defendant has entered into an agreement; and
(b) show and evidence any breach and service of a Default Notice; and
© show how the Defendant has reached the amount claimed for; and
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;
As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
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 82 A of the consumer credit Act 1974.
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.