I'll Try Again
Particulars Of Claim.
1) The Defendant entered into an agreement with Very - Littlewoods/Additions Direct which was regulated by the Consumer Credit Act 1974 under reference ******** on 02/12/2014 ('the Agreement').
2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated.
3) The Agreement was later assigned to the Claimant on 09/09/2016 and written notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £990 remains due and outstanding. And the Claimant claims
a) The said sum of £990
b) Interest pursuant to s69 Count 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 £0.216, but limited to one year, being £80
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.
1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.
2. Paragraph 2 is denied I do not recall any breach and I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.
3. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 5th Oct 2016 from my cpr31.14 request. this is the first time I have seen this letter.
4. On receipt of this claim form , I the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.
5. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.
6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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;
c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974
d) show how the Claimant has the legal right, either under statute or equity to issue a claim
7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed
8. 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.