Just double checking this good to C&P on MCOL?
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 Bank of Scotland . I am unaware of what alleged debt the claimant refers to and have requested further information by way of a CPR 31.14 and section 78 request. The section 78 request has been complied with. The claimant has only partially responded to the CPR request.
3. Paragraph 2 is noted and await further information with regards to service of a Default Notice.
4. Paragraph 3 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.
5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have partially complied to my section 78 request. The claimant with their partial compliance to my CPR 31.14 request have frustrated my attempts to clarify their claim.
6. Therefore the Claimant is put to strict proof to:
(a) show how the Defendant has reached the amount claimed for; and
(b)show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;
© show how the Claimant has the legal right, either under statute or equity to issue a claim;
7.. As per 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.