I have had a look at your Defence and made a couple of amendments.
If you send the letter in post #6 then para 6 above is correct. If you only asked for "Agreement" in the 31.14 letter then reinstate that to para 6.
Originally posted by ilikecake
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DEFENCE
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________
- I received the claim xxxxxxxx from the Northampton County Court on 05/06/2018.
- Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
- This claim appears to be for a telecommunications agreement.
- It is denied that the Defendant has ever entered into an agreement with BT PLC for their services.
- The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
- On the 06/06/2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. I requested the Claimant provide copies of the "agreement with BTC PLC under account reference XXXXXXXXXX" and "notice given to the Defendant" of assignment.
- Lowell Solicitors Limited has not sent any of these documents to me, the reasoning being that “as this is a former telecommunications matter it is not regulated by the Consumer Credit Act 1974, the original creditor is therefore not required to retain a copy of the agreement. Subsequently, we are unable to request a copy of this document.”
- If the Claimant seeks the court to make an order based on the Defendant entering into "an agreement with BTC PLC under account reference xxxxxxxxxxxxx ('the Agreement')" the Defendant shall require the Claimant supply said agreement.
- It is averred by the Defendant that no such agreement exists as he has never entered into one.
- 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.
- 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.
- 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.
- It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________
If you send the letter in post #6 then para 6 above is correct. If you only asked for "Agreement" in the 31.14 letter then reinstate that to para 6.
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