Originally posted by R0b
View Post
Well there's not much you can do if you have filed that defence but it is quite clear that you have done a cut and paste job. There's a number of square brackets which you failed to remove and anyone seeing that will know you've just put something in there without actually knowing what you are doing.
Although the template covers a basic defence of the common issues raised, each case turns on their own facts and yours is not any different. If it were me I would have removed a couple of points as you are merely repeating what the Particulars of Claim is stating so it doesn't really add anything. There is also the point that the Particulars of Claim says that the debt is for hardware and airtime, but fails to mention how the debt is apportioned between the two. You failed to mention that in your defence which would have put the onus on Lowell to prove at court - If the majority of the debt was hardware related and only a small proportion of the debt was for airtime, that would dramatically reduce what they can claim if they are unable to produce the consumer credit agreement.
You had until 9 October to submit your defence so you could have posted up a draft for us to comment on before filing it with the court. This is a typical situation of those who come on here, looked at the template defence and then submitted it without out any real thought or help. The template is not a one size fits all and is only there to give you an idea of how you might set out your defence.
You might very well get away with it and either Lowell could discontinue the case or it might go all the way to court and a judge might find in your favour, but I wouldn't be surprised if you were challenged on some of your defence points.
Anyway, I wish you good luck but next time I would suggest you don't rush ahead and instead seek some help or assistance from us, which is probably why you posted in the first place.
Although the template covers a basic defence of the common issues raised, each case turns on their own facts and yours is not any different. If it were me I would have removed a couple of points as you are merely repeating what the Particulars of Claim is stating so it doesn't really add anything. There is also the point that the Particulars of Claim says that the debt is for hardware and airtime, but fails to mention how the debt is apportioned between the two. You failed to mention that in your defence which would have put the onus on Lowell to prove at court - If the majority of the debt was hardware related and only a small proportion of the debt was for airtime, that would dramatically reduce what they can claim if they are unable to produce the consumer credit agreement.
You had until 9 October to submit your defence so you could have posted up a draft for us to comment on before filing it with the court. This is a typical situation of those who come on here, looked at the template defence and then submitted it without out any real thought or help. The template is not a one size fits all and is only there to give you an idea of how you might set out your defence.
You might very well get away with it and either Lowell could discontinue the case or it might go all the way to court and a judge might find in your favour, but I wouldn't be surprised if you were challenged on some of your defence points.
Anyway, I wish you good luck but next time I would suggest you don't rush ahead and instead seek some help or assistance from us, which is probably why you posted in the first place.
Comment