Eaglesoar19 v arrow global, help needed with n244

[eaglesoar19]

hi,
looking for some help with filling out an n244 form
claim history
on 11/10/2012 recieved an claim form from restons solicitors on behalf of arrow global seeking £4200 for a claim they allegedly bought of a credit card company.
I AOS, then a defense stating i have no knowledge of debt with arrow global ect. latter asked for information from them via cpr31.14
see this thread http://www.legalbeagles.info/forums/...ion&highlight=
as this seems to be currently stayed, i am looking to kick out their claim via a n244 highlighting the lack of the following despite being requested (see the above thread link)

A properly formatted default notice (see note 1)
notice of assignment (see note 2)
the parts I need help with are specificaly section 3 and section 10,
for section 3 can i simply put that i am asking for a strike out due to the fact the claimants have not provided the requested documentation to show they have and legal right to this alleged debt.
what do i put in section 10, is it just a repeat of section 3? and which box do i tick?
also if i request a hearing can i get it at a local court, or would it be better not to have a hearing? (i dont believe they have the docs!)


note 1

• Notwithstanding the above point, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

• Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974
  

note (2)
136. Legal assignments of things in action.
— (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice

However, it is Section 196(4) that prescribes the requirements for giving sufficient notice by post:-

196. Regulations respecting notices.
(4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

It is noted that by the Recorded Delivery Service Act 1962 a recorded delivery letter is equivalent to a registered letter and that under the Postal Services Act 2000 Schedule 8 any reference to registered post is to be construed as meaning a registered postal service (eg Royal Mail recorded delivery or special delivery).


any help with this would be much appreciated.