ME III/Mortimer claimform - JDW SimplyBE CAT 'debt'

[chunkymoney]

Hi,

 

This is my final v of the defense

 

Would you please check it for me?

 

Particulars of Claim as written on the form exactly;

 

1."By an agreement between JD Williams & the Defendant dated 18/04/2007 ("the agreement")

JD Williams agreed to issue the Defendant with a credit account.

 

 

2.The Defendant failed to make the minimum payments Due & the Agreement was terminated.

The Agreement was assigned to the Claimant.

 

 

3.THE CLAIMANT THEREFORE RE CLAIMS 1. 1031.75"

 

Defence

 

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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

(1) Paragraph 1. The defendant concedes that an agreement did once exist with JD Williams, save as expressly admitted, I cannot recall the precise details or account number and have therefore requested verification on which their claim relies..

 

(2) Paragraph 2. The defendant is unaware of any outstanding balances and is unaware of any legal assignment or Notice of Assignment allegedly served.

 

On the 12th May 2016 the Defendant requested information (sent by recorded delivery) pertaining to this claim by way of a CPR 31.14 request and a Section 78 request to be complied with in the 14 day period. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

 

(3) It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment, balance or breach requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for including any charges and interest; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

(d) provide an original assignment in writing signed by the assignor at time of alleged assignment pursuant to Section 136 of the Law or Property Act 1925.

(4) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

(5) 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 credit 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.

On the basis of this the defendant respectfully requests the case be struck out due to lack of supporting evidence proving any debt exists or is owned by the Claimant.

 

Thx

Edited June 1, 2016 by Andyorch
Particulars added for cross checking

[AndyOrch]

(1) – Paragraph 1. The defendant concedes that an agreement did once exist with JD Williams, however, the defendant denies any such agreement exists with ME III Limited, Cabot Financial or any other Company.

 

The claimant does not plead you have an agreement with them.....

 

1."By an agreement between JD Williams & the Defendant dated 18/04/2007 ("the agreement") JD Williams agreed to issue the Defendant with a credit account.

[chunkymoney]

Ta, so I should remove the part you have placed in bold and just leave the first bit then?

[dx100uk]

Here is a recent Cat defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

.

Defence

.

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 noted. I have had an agreement in the past with [enter original creditor] but do not recognise the account number referred to by the claimant.

.

2 .Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

.

On the DD/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

3.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

.

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

.

4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

.

5.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.

.

Regards

.

Andy

***************

[AndyOrch]

Ta, so I should remove the part you have placed in bold and just leave the first bit then?

 

Yes...and add the what was originally advised by dx100 above

[martin2006]

Dont miss your deadline, FRIDAY 3RD JUNE by 4PM

[chunkymoney]

Defense submited. Done this morning as cant tomorrow. Thx everyone. will let you know outcome

[AndyOrch]

:thumb:As you can see I had already amended your point 1.

[chunkymoney]

Letter received from Solicitors;

 

We have received your defence.

 

We are taking our clients instructions in relation to your defence and will back to you as soon as we can. In the meantime, the matter has been placed on hold.

 

Yours xxxxxxx

[Old Cogger]

just follow court instructions from now on, they can put on hold what they like it does not override court proceedures

[chunkymoney]

Wil do.