Poor pleadings from the debt purchase world.

[pt2537]

Im sorry to bang on about this point, but i am seeing hundreds of claims for breach of contract relating to a regulated consumer credit agreement, which make no mention of service of, or expiry of a Default notice, no mention of when the notice expired, no mention of when the agreement was terminated or […]


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[Amethyst]

Bang on all you like.

Our issue is whether a strike app on these grounds could be countered with amended particulars. Ie. They don't plead default, you apply to strike, they apply to amend , case carries on and defendant down £255 until case concludes ... at least. It is ( on here anyway) a majority of claims now failing to plead default so a workable plan is needed.

[pt2537]

Bang on all you like.

Our issue is whether a strike app on these grounds could be countered with amended particulars. Ie. They don't plead default, you apply to strike, they apply to amend , case carries on and defendant down £255 until case concludes ... at least. It is ( on here anyway) a majority of claims now failing to plead default so a workable plan is needed.

well there is always the risk of a cross application to amend, but your application succeeds then, as they have to amend or risk the strike out, so you should get the costs of your app back inc court fee.