Arrow/shoos claimform - old M+S Credit Card Debt

[HSBCrusher]

2. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with M&S. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details.

 

Keep your CPR 31.14 and section 78 request together at point 4

Thanks for your assistance.

 

Ive added the CPR bit to point 4, and replaced point 2.

 

Defence

 

1. The Defendant contends that the particulars of claim are brief, 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 and it is accepted insofar that I have once held a contractual relationship with M&S. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details.

 

3. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding this point, as 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.

 

4. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a CPR 31.14 and section 78 request for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has refused to comply with my request.

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

 

Therefore 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

© show and evidence the nature of breach and service of a Default Notice pursuant to sec81 (1) CCA1974

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

 

6. 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.

[AndyOrch]

[HSBCrusher]

good to go?

 

I'm very appreciative, thank you.

[HSBCrusher]

So. It's obviously stayed.

 

I'm assuming it's now extremely unlikely they will find the stuff they need.

 

However, I'm now getting a steady flow of letters demanding my financial status/outgoings etc.

 

How does this fit in with the recent guidance given to DCAs?

[dx100uk]

it doesn't and never has

but that's fleecing DCA's for you.

 

ignore everything bar the COURT

[HSBCrusher]

Lol no fear there.

 

They've been eating static. And will continue to do so!!