Lowell/Cohen claim form - old CAT 'debt'

[AndyOrch]

[mikecymru]

Good morning Andy/DX.

 

Thanks guys.

 

If I read you right?

 

Ill go ahead and post today, if you can confirm it would be appreciated.

 

Thanks Mike

 

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 an agreement in the past with Shop Direct but do not recognise the account number referred to by the claimant.

 

2 .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 alleged statement of its particulars.

 

3 .Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 5 years ago.

 

On the 4/11/2016 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

I was informed in writing by the Claimants solicitors on the 12/11/2016 that the Claimant is unable to provide such documents at this time.

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, 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 how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

6.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 crediticon Act 1974.

 

7.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.

[AndyOrch]

[mikecymru]

Thanks Andy.

 

Filed. Lets see what happens next.

 

Thank you all for your support.

 

Mike

[Guest]

i see further now re para 2

[mikecymru]

Small update;

Court acknowledgement of the defence received.

Sols acknowledgement of defence received and notification that the case is passed back to claimants "in-house" legal team..

 

Now we wait 21 more days...