first draft, my only concern is I had a pre legal assessment letter so does that mean they have complied with Pre action protocol(2)?
Particulars of claim for reference only
1. The claim is for the sum of £1771 arising from the defendants breach of a regulated consumer credit agreement reference under no XXX
2.The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss. 87(1) and 88 of the CCA.
3.The claimant claims the sums due from the defendant following the legal assignment of the agreement from IDEM Capital securities Ltd (EX EGG PLC). Written notice of the assignment has been given.
4.The Claimant claims
1. The sum of £1771
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. Whilst I have had dealings with Egg PLC in the past I cannot recall the specifics of the alleged agreement.
3.Paragraph 2 is noted. Although as 2 I cant recall the agreement so I am not aware of service of a Default Notice pursuant to sec 87(1) CCA1974 by the original creditor .
4. Paragraph 3 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.
5.. On receipt of this claim I requested information pertaining to the claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 21st May 2021. Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class post on 2nd June 2021. To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .
6.Therefore the Claimant is put to strict proof to
a) show how the Defendant has entered into an agreement;
b) show and disclose how the Claimant has reached the amount claimed for;
c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974.
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. Until such time the claimant can comply with my section 78 request dated 2nd June the claimant is prevented from enforcing the alleged debt pursuant to section 78.6(a)
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.