Claim form received - too late to negotiate amount?

[warwick65]

All you can do is use the sample defence and amend it as necessary Example Defence

If they later come up with the evidence you would then need to amend it (maybe)

[jaguarsuk]

Here's a defence.

1. I received the claim [Claim Number] from the Northampton County Court on 05/01/2018.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

4. The Claimant’s Particulars of Claim fail to state when if any overdraft agreement was entered into.

5. The Claimants statement of case states that the account was assigned from MKDP to Hoist Portfolio Holding 2 LTD after having been formally assigned by Lloyds Banking Group to MKDP. The Defendant does not recall receiving notice of this assignment for either events.

6. It is denied that Lloyds Banking Group, MKDP and Hoist Portfolio Holding 2 LTD served any Default notice on the Defendant. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7. On 13/01/2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Howard Cohen Solicitors. I requested the Claimant provide copies of the overdraft agreement, terms and conditions of the bank account No xxxxxxxx, Notice and Deed of assignment between Lloyds Banking Group and MKDP and Notice and Deed of assignment between MKDP and Hoist Portfolio Holding 2 LTD.

8. Howard Cohen Solicitors have not sent any of these documents to me.

9. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

10. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

13. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________