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Stubumbles V Wescot SPV Ltd
Could someone please advise as to if the below would be a suitable, short embarrassed defence?
7th February 2012
Re: WESCOT SPV LIMITED -v- xxxxxx Case No. xxxxxx
Defence
1- I, xxxxx am the Defendant in this action and make the following statement as my defence to the claim made by the Claimant, Wescot SPV Ltd.
2 - Except where otherwise mentioned in this defence, I, neither admit nor deny any allegation made in the Claimants Particulars of Claim and put the Claimant to strict proof thereof.
3 - The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-
4 - The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters:
5 - The Claimant has failed to comply with court process rules by ignoring the defendant’s CPR31.14 request which was sent, recorded special delivery on 28/01/2012.
6 - Within the CPR31-14 the Defendant was asked to supply copies of:
The agreement: You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
The default notice: Not received by the Defendant.
The termination notice: Not received by the Defendant.
The Notice of Assignment: Not received by the Defendant.
The Deed of Assignment from the Original Creditor: To prove both their legal entitlement to issue this claim and that the original agreement actually existed.
7 - By failing to respond to the Defendant’s CRP31.14 request the Claimant has left the defendant with no proof of the validity of the Claimant’s claim, therefore the Defendant is both embarrassed and unable to defend against such claim.
8 - In light of the above, the Defendant respectfully asks the permission of the court to amend this defence in the event that the Claimant discloses the documents requested at trial or after the date of this defence being submitted.
Statement of Truth
I, xxxxx believe the above statement to be true and factual.
Signed:
Re: WESCOT SPV LIMITED -v- xxxxxx Case No. xxxxxx
Defence
1- I, xxxxx am the Defendant in this action and make the following statement as my defence to the claim made by the Claimant, Wescot SPV Ltd.
2 - Except where otherwise mentioned in this defence, I, neither admit nor deny any allegation made in the Claimants Particulars of Claim and put the Claimant to strict proof thereof.
3 - The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-
4 - The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters:
5 - The Claimant has failed to comply with court process rules by ignoring the defendant’s CPR31.14 request which was sent, recorded special delivery on 28/01/2012.
6 - Within the CPR31-14 the Defendant was asked to supply copies of:
The agreement: You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
The default notice: Not received by the Defendant.
The termination notice: Not received by the Defendant.
The Notice of Assignment: Not received by the Defendant.
The Deed of Assignment from the Original Creditor: To prove both their legal entitlement to issue this claim and that the original agreement actually existed.
7 - By failing to respond to the Defendant’s CRP31.14 request the Claimant has left the defendant with no proof of the validity of the Claimant’s claim, therefore the Defendant is both embarrassed and unable to defend against such claim.
8 - In light of the above, the Defendant respectfully asks the permission of the court to amend this defence in the event that the Claimant discloses the documents requested at trial or after the date of this defence being submitted.
Statement of Truth
I, xxxxx believe the above statement to be true and factual.
Signed:
Comment