Cabot/Mortimer Claimform - JD Williams Jacamo CAT debt

[AndyOrch]

Defence is due Friday 26th March 4.00pm

[AndyOrch]

Just requires a few tweaks....I would go with something along the following lines...

 

1.By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account. 

 

2.The Defendant failed to make the minimum payments due. 

 

3.The Agreement was terminated following the service of a default notice. 

 

4.The agreement was assigned to the Claimant. 

 

THE CLAIMANT THEREFOR CLAIMS

1.8XX.XX

2. costs

 

 

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).  They have 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 pleadings are noted.  The defendant has in the past had financial dealings with JD Williams. The Defendant does not recall the precise details or agreement nor the claimant having failed to state any alleged account number. 

 

4. The claimants pleadings regarding failure of payments and termination are noted although irrelevant without a corresponding agreement number in connection to the alleged debt.
 

5. The Claimants pleadings regarding the assignment of the debt is denied. I am unaware of any legal assignment or Notice of Assignment  pursuant to section 136 of the Law of Property Act 1925 allegedly served on **/**/**** from either the Claimant or JD Williams.

 

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

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

(b) show and evidence any cause of action and service of a Default Notice

(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;

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request pursuant to the CCA1974.The claimant as of this date is yet to comply and is therefore prevented from enforcing any alleged agreement. 

 

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

 

7. On the alternative, 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 82 A of the consumer credit Act 1974.

 

8. 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.