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.
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.
Comment