Could someone please critique my answer?

[CredigyVictim]

I've written an answer to the complaint, based on what I've learned on this forum. I was hoping that I might get a critique of my answer on here:

The Original Complaint:

1. Plaintiff is a corporation organized and existing under and by virtue of law of the state of NV.... Plaintiff is the owner of the account, that is the subject matter of this action.

2. Defendant obtained an extension of credit from Associates (OC) on a credit card account, specifically Account number xxxxx, and by use of the account Defendant became bound by the terms of the agreement, a copy of which is attached hereto as Exhibit "A" [-- unsigned, undated terms of agreement to a credit card]

3. OC assigned all right, title and interest in and to the Account to First Select (PC) which Acount was thereafter designated by PC as account number xxxx. PC sent an account agreement to Defendant referencing and incorporating the terms and conditions of the account issued by the OC, a copy of which is attached hereto as Exhibit "B" [---undated letter from FS, no proof that it was ever sent.]

4. PC duly assigned and transferred to Plaintiff all of its right title and interest in and to account number xxxx. Plaintiff remains the holder and owner of the account and is the successor interest to the terms and conditions relating hereto.

5. Plaintiff has exercised its rights to accelerate the time for payment of the entire balance due and owing by Defendant to Plaintiff.

6. The amount now due and owing is $751.54 plus interest accruing at the contractual rate of 18% per annum using the average daily balance method, compounded monthly from October 22, 2001.

7. Although demand has been made upon Defendant to liquidate the balance due and owing, Defendant has failed to do so.

WHEREFORE, Plaintiff demands judgment against Defendant, yada yada.

My Answer:

Defendant, appearing pro se, for its reply to the Complaint of Credigy Receivables, Inc. (hereafter "Credigy") states as follows: All Answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein.

Defendant answers the complaint as follows:

1. Defendant lacks knowledge about the truth and therefore denies the statements contained in paragraph 1, and leaves Plaintiff to their proof of assignment.

2. Defendant lacks knowledge about the truth and therefore denies the statements contained in paragraphs 2 and 3, and leaves Plaintiff to their proof. The defendant questions the validity of Exhibit “A” as being a copy of a statement, considered hearsay, and therefore denies the statements. Furthermore, the origin of the document is questioned, and it is unknown whether it is a true copy, lacking an affidavit from the OC.

3. Defendant questions the validity of Exhibit “B” as being a copy of a statement, considered hearsay, and therefore denies the statement in paragraphs 3 and 4. The origin of the document is questioned and it is unknown whether it is a true copy, lacking an affidavit from First Select (PC).

4. Defendant lacks knowledge about the truth and therefore denies the statements contained in paragraphs 5, 6 and 7.

II. DEFENSES

1. Plaintiff’s Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration.

2. Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete, and there is no evidence that the purported assignment was bona fide.

3. Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action, or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information, and it cannot be assumed without creating an unfair prejudice against the Defendant.

4. The Plaintiff is not an Assignee for the purported agreement, and no evidence appears in the record to support any related assumptions. The Plaintiff fails to prove a chain of ownership of the account from Associates to Credigy and therefore lack the legal capacity to sue.

5. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the alleged debt, or a portion of the alleged debt, or that the original creditor received other compensation in the form of monies and/or credits.

6. Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws.

7. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.

8. Plaintiff's alleged damages are limited to real or actual damages only.

9. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

Please let me know what you think, and if I've missed anything. I wasn't sure if I should add in that Credigy says my account with Associates was opened on 2/28/01 -- months after Associates ceased to do business as a company OR that the account verification letter they sent me says that First Select, the prior creditor, purchased the account on 11/09/01, 18 days after Credigy says they bought the account -- do I have to put these things in the answer?

Thanks

[direred]

Sure, I'd put them in.

Also make sure to claim any and all remotely possibly applicable affirmative defenses (e.g. SOL). Doesn't matter if it's right, you need to raise them in the answer or lose the opportunity.