Could someone please have a look at my defence, many thanks.
1.The claim is for the sum of £398.82 due by the defendant under a non-regulated Shop Direct account with an account ref of ******
2.The defendant failed to maintain contractual payments required under the terms of the account agreement.
3.The debt was legally assigned to the claimant on 28/Aug/2015, notice of which has been given to the defendant.
The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of proceedings in the sum of £31.91
The claimant claims the sum of £450.73
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 in the past an agreement with Shop Direct but do not recognise the account number referred to by the claimant.It is my understanding that all credit facilities provided by Shop Direct would be regulated and legislated under Credit Consumer Act 1974.
2. Paragraph 2 is denied. I have not received a Default Notice from the original creditor.
3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
Therefore Paragraph 1 is 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 the nature of any breach by way of a Default Notice
© 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;
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, 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 Consumer Credit Act 1974.
6. On the 8th November 2016 I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance.
7. 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.