Hi, still nothing from my responses from either parties.
I have been working on my defence:
Particulars of Claim
1.The claim is for the sum of £5450.73 in respect of monies owing under and agreement with the account 12345678 pursuant to the consumer credit act 1974 (CCA)
2.The debt was legally assigned by Hoist Portfolio Holding 2 Ltd (EX Aqua) to the claimant and noticed has been served.
3.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA
The claimant claims
1. The sum of £5450.73
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.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.
3. The Claimants case is denied. Whilst I have had dealings with Aqua in the past I cannot recall the specifics of the alleged agreement.
4. Furthermore I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .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. It is denied that any amounts are due under any agreement.
6. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 25/02/2019.
Further to the above I sent Hoist Portfoilio Holding LTD a section 78 request via 1st class recorded post on 25/02/2019.
To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .
7.Therefore with the court’s permission the Claimant is put to strict proof to
a) show and disclose 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;
8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.
9. On the alternative, if 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 crediticon Act 1974.6.
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.