and the claimant has to have a copy of yours
omit phone/email/sig on their copy.
get it done
don't await the deadline date.
as you'll see in another idem claimform thread just below yours
the idem N180 no to mediation and wanting 1 month
needs to be objected to.
issuance of a claimform pauses the sb clock.
surely you cant say they are in default of your sec 78 as they have complied, better to say they have not fully complied.
the DN is NOT covered by a CCa request.
ive removed your earlier upload as crossing thru with a felt pen dos not obscure your details
your name is clearly visible as well.
Whoops........... I think I might have missed that bit off 😆
Here it is in its entire form:
1. The defendant opened a studio regulated consumer credit account under reference ********* on 30th November 2011.
2. In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated.
3. The agreement was later assigned to the claimant on 25th September 2015 and written notice given to the Defendant.
4. Despite repeated requests for payment, the sum of £716.38 remains due and outstanding. And the Claimant claims; a) the said sum of £716.38; b) interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.157, but limited to one year, being £57.31; c) costs.
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.
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.
Paragraph 1 is admitted insofar that a contractual relationship in the past with Studio did once exist but I do not recognise the account number referred to by the claimant.
Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the nature of the alleged breach and service and copy of a Default Notice pursuant to CCA sec 87.1.
I am unaware of any legal assignment or Notice of Assignment allegedly served 25th September 2015 pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974.
On the 30th September 2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to comply to my CPR 31.14. The claimant also remains in default of my section 78 request and are therefore unable to enforce any agreement until such compliance.
On the 7th October 2019 Lowell provided a photocopy of an agreement and statement. They confirmed that they have requested a copy of the Default Notice from the original creditor and this will be sent to me upon receipt. To date, 23rd October 2019, I still await their compliance.
It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/agreement/balance/breach requested by CPR 31. 14 and sec 78 CCA1974 and 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 and evidence the nature of breach and service of a default notice pursuant to section 87(1) CCA1974
c) show how the Defendant has reached the amount claimed for; and
d) show how the Claimant has the legal right, either under statute or equity to issue a claim;
As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
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.
If there is anything that needs amending or changing please let me know.
The debt becomes SB on the 23rd Nov, so if I can drag it out to then I am guessing that there is nothing they can do?
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!