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Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

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  • #16
    Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

    Ahhh I see thank you.

    Going to do research on SAR now.

    So basically I have no reason to defend after all. I was going to defend due to it being an alleged verbal contract which actually didn't take place between my partner and Sky.

    Comment


    • #17
      Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

      You do have to provide a defence, there is a live court claim.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #18
        Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

        I need to file a defence.. Please can someone check this for me I think this is closest to what I need:

        DEFENCE
        1. I received the claim XXXXXXXX from the Northampton County Court on 24/01/2017.

        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 particulars of claim fail to state when the agreement was entered into.

        5. The Claimants statement of case states that the account was assigned from SKY YK Ltd to Cabot Financial UK Ltd.. The Defendant does not recall receiving notice of this assignment.

        6. On the 31/01/2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clark Solicitors Ltd..

        6a. requested the Claimant provide copies of the Agreement, The Default Notice and The Notice of Assignment.

        7. Mortimer Clark Solicitors Ltd has not sent any of these documents to me.

        8. 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.

        9. 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.

        10. 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.

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

        Comment

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