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Reply to Defence-advice please

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  • Reply to Defence-advice please

    I would appreciate legal advice regarding the Defence I have received.

    1. The Defendant says my claim should be struck out as my Statement of Truth does not comply with Practice Direction 2.1
    ( I may have used the old pre 2020 version)

    2. The Defendant wants my claim struck out as my PoC are insufficiently particularised and/or inconceived and do not have a real chance of success.

    3. The Defendant denies all allegations made except as expressly admitted.

    4.. Though the Claimant has quoted parts of the contract he has failed to provide full details of the work and terms and conditions of the contract.
    (I provided the Defendant with a full copy of the contract in August 2021.The Defendant doesn't seem to have passed it to its legal rep although it did pass it onto the FOS.. I intend to send a complete copy at the time of disclosure)

    5 The Claimant's allegations against the Trader are outside the Defendant's knowledge and the Claimant has not sought to issue the claim against the Trader.
    ( My claim is a S75 claim against the ccc.. I have quoted the relevant clauses in the CCA 1974 that allows the consumer to claim against the ccc jointly and severally. I am aware the Defendant has been in contact with the Trader in writing and phone calls following a SAR)..

    6.The Defendant states that the FOS has previously rejected the Claimant's complaint in relation to the issues pleaded.
    (Yes but the FOS investigator carried out a more detailed investigation, weighed up the evidence and decided the Trader had breached the contract)

    7. The Defendant understands the Trader is willing and able to carry out the contract work.
    (Maybe, but when? My claim alleges the Trader misrepresented the contract when it couldn't provide a start date 10 weeks after I signed the contract and breached the contract for not providing reasonable care and skill when carrying out the survey report)

    8. As the work is yet to be undertaken the Defendant states the Trader cannot have failed to carry out any work with reasonable care and skill.
    (see my comments under 7)

    Do I need to respond to any of the above? If yes, any advice on what to write would be welcome.
    Tags: None

  • #2
    Sorry but should this be part of an existing thread if it's reached the stage of you receiving a defence?

    I note you seem to have started several threads which may or may not be related to the same issue. (I can't be bothered reading them to check whether they are or not).

    If you keep starting new threads about what is essentially the same issue you waste people's time while they ask the same background questions that have already been asked and answered on other threads.

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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