Arrows/Restons Claimform - OHs old cat debt

[AndyOrch]

We would rather you would use one of our standard defences...the above is not CPR compliant.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Regards

 

Andy

[Gwolst77]

How about this?

 

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Shop Direct dated on or about 20/08/1999 and assigned to the claimant on 28/09/2011

 

Particulars a/c no – xxxxxxxx

 

DATE ITEM VALUE

15/05/2017 Default Balance £1200.00

Post refrl Cr Nil

TOTAL £1200.00

 

Proposed Defence

 

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 claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

 

3. The Defendant is unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

4. On receipt of this claim the Defendant requested information pertaining to this claim from Restons Solicitors by way of a CPR 31.14. This request was signed for by the Solicitors on 21st August 2017. To date I have yet to receive a compliant response.

 

5. The Defendant requested information pertaining to this claim from Arrow/Global by way of a Section 78 request. A reply to my CCA request from the claimant Arrow Global was received on 31/08/2017 stating the following:

 

'We are unable at this time, to obtain a copy of your client's consumer credit agreement from the originating creditor.

We confirm this account will not be subject of collection activity until such time as the document becomes available and we provide your client with a copy of the same.'

 

6. Therefore with the courts 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;

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

 

7. As per Civil Procedure icon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

8. 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.

 

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief to the relief claimed or any relief

[AndyOrch]

[Gwolst77]

 

Bonza

 

Will give it till next week before submitting the defence just in case Rectums come back with anything

 

Quick question can you upload copies of received documents as part of your defence on the moneyclaim website?

[AndyOrch]

Bonza

 

Will give it till next week before submitting the defence just in case Rectums come back with anything

 

Quick question can you upload copies of received documents as part of your defence on the moneyclaim website?

 

No...and there is no need to you do that at the next stage with your witness statement...assuming it gets to the next stage.

[Gwolst77]

No...and there is no need to you do that at the next stage with your witness statement...assuming it gets to the next stage.

 

Roger that