Defence required for court claim

[cm1]

Re: Defence required for court claim

i havent amended it from the holding defence

[Amethyst]

Re: Defence required for court claim

Okay so the defence currently in court is this one

Defence
1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.


2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

6.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

Read more at: Defence required for court claim - Legal Beagles Consumer Forum

So we need to enter pleadings based on you actually having the documents now. Anything new from the first post that you have received that isnt on here |

[Amethyst]

Re: Defence required for court claim

Also, what did you put on the allocation questionnaire?

[cm1]

Re: Defence required for court claim

i received a trial bundle including their witness statement and lists of transactions , no default notice included ,

i didnt send in anything with the allocation questionnaire

[Amethyst]

Re: Defence required for court claim

Can you post up their witness statement pls.

[cm1]

Re: Defence required for court claim

i havent got access to a scanner today so will do it over the weekend , thanks for your help so far

[Amethyst]

Re: Defence required for court claim

s'ok. Your witness statement will have to outline why you needed the documents and what your issues are with them and the account. You may be asked to file an amended defence via an application but as a LIP you should be able to argue to be allowed to do so against Cabot who may argue you should have the defence struck out because they have supplied the documents.

What is your actual defense now you have the documents ?