Re: Hoist portfolio county court claim help!
Hello Vanessa,
That's good I can't see on reading back that there is anything more to add.
nem
Originally posted by VanessaL15
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Hi Nem,
Thank you for your reply.
This is what I've got so far having amended the defence template. I've tried to add in a bit about the terms and conditions as you've mentioned.
I received the claim xxxxxxx from the County Court Business Centre on xx March xxxx.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: The claim is for an overdraft facility.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.
5. The Claimants statement of case states that the account was assigned from MKDP LLP (Ex HSBC) to Hoist Portfolio Holdings 2 LTD on xxxxxxx. The Defendant does not recall receiving notice of this assignment.
6: On the xxxxxxx I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Notice of Assignment.
7. Howard Cohen and Co has not sent any of these documents to me.
8: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.
9. 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.
10. The Claimants statement of case fails to give adequate details of the agreement including the terms and conditions of the
overdraft facility.
11. 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.
12. 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.
13. 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 .................................................. ....
Thank you for your reply.
This is what I've got so far having amended the defence template. I've tried to add in a bit about the terms and conditions as you've mentioned.
I received the claim xxxxxxx from the County Court Business Centre on xx March xxxx.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: The claim is for an overdraft facility.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.
5. The Claimants statement of case states that the account was assigned from MKDP LLP (Ex HSBC) to Hoist Portfolio Holdings 2 LTD on xxxxxxx. The Defendant does not recall receiving notice of this assignment.
6: On the xxxxxxx I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Notice of Assignment.
7. Howard Cohen and Co has not sent any of these documents to me.
8: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.
9. 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.
10. The Claimants statement of case fails to give adequate details of the agreement including the terms and conditions of the
overdraft facility.
11. 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.
12. 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.
13. 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 .................................................. ....
That's good I can't see on reading back that there is anything more to add.
nem
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