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Re: Bryan Carter/Lowell/O2 court claim
The defence is absolutely fine, it has everything in your need for a simple, no evidence supplied defence.
I've added on para 9 just to make it absolutely clear you deny any liability as the claim stands.
You're submitting it via MCOL aren't you? should automatically add the statement of truth in there so no need to write it as well.
This will be sent by the court to the claimant and they will respond to the court if they wish to continue, then you will be allocated to your local court ( you'll get a questionnaire asking which court you want) and then the court will hopefully issue directions to the claimant to provide evidence.
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1. The Claimants claim is for a debt is alleged to be owed to O2 on A/C No. xxxxxxxxx.
2. The Defendant does not recognise the debt from the details given and is unable to ascertain whether there is any amount owing to the original creditor.
3. Despite requests for information from the Defendant (made under CPR 31.14), the Claimant has not provided any further details as to how the sums claimed have accrued or copies of any agreement/contract between O2 and the Defendant.
4. No date of inception of the account has been given.
5. No default notice has been received by the Defendant.
6. The claimant states that the account was assigned from O2 to Lowell Portfolio I on 30/11/2010. The Defendant has not received any notification of this assignment.
7. 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.
8. Should the Claimants adequately evidence the debt the Defendant reserves the right to amend his defence.
9. It is denied the Claimant is entitled to the relief as claimed or at all.
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The defence is absolutely fine, it has everything in your need for a simple, no evidence supplied defence.
I've added on para 9 just to make it absolutely clear you deny any liability as the claim stands.
You're submitting it via MCOL aren't you? should automatically add the statement of truth in there so no need to write it as well.
This will be sent by the court to the claimant and they will respond to the court if they wish to continue, then you will be allocated to your local court ( you'll get a questionnaire asking which court you want) and then the court will hopefully issue directions to the claimant to provide evidence.
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1. The Claimants claim is for a debt is alleged to be owed to O2 on A/C No. xxxxxxxxx.
2. The Defendant does not recognise the debt from the details given and is unable to ascertain whether there is any amount owing to the original creditor.
3. Despite requests for information from the Defendant (made under CPR 31.14), the Claimant has not provided any further details as to how the sums claimed have accrued or copies of any agreement/contract between O2 and the Defendant.
4. No date of inception of the account has been given.
5. No default notice has been received by the Defendant.
6. The claimant states that the account was assigned from O2 to Lowell Portfolio I on 30/11/2010. The Defendant has not received any notification of this assignment.
7. 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.
8. Should the Claimants adequately evidence the debt the Defendant reserves the right to amend his defence.
9. It is denied the Claimant is entitled to the relief as claimed or at all.
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