Money Claim Claimant admits to breaching CPR15.5(c) disclosure of documents

[dvann0306]

I am challenging a money claim where the claimant has admitted to breaching CPR15.5(c), disclosing documents within 7 days, that they wish to rely on in their pariculars of claim.
I have not yet filed a defence and the claim has not yet been allocated. Furthermore they are relying on a Guarantee and Indemnity document dating back to 2022 where they have admitted to not promising to pay a consideration of £1 for entering into a Guarantee agreement. They state that the Guarantee and Indemnity is still valid on a revolving credit advance. They state that for a consideration to be valid, it requires to be something of value in the eyes of the law which, constitutes the price which the promise of the other party is bought. It does not have to be executed and can be yet to be performed. I believe that it is an unfair term as I argue that it is both unfair and unreasonable, in that it obliges the consumer to fulfil all his obligations where the seller or supplier does not perform his. The Claimant has agreed to extend the time to file a defence for a further 28 days. Do I have a valid defence?

[atticus]

Can you post the guarantee wording please.

What does the claimant say was the consideration that it gave for the guarantee?

[dvann0306]

Can you post the guarantee wording please.

What does the claimant say was the consideration that it gave for the guarantee?

Sorry I meant CPR31.15(c). (Fasted finger first). The wording is as follows:

"As consideration for entering into this Guarantee Indemnity, we promise to pay and You are entitled to receive a sum of £1. Your

entitlement under this clause has no expiry date (and shall survive termination of the Credit Agreement). To receive this payment,

You will need to email us and provide Us with Your valid UK bank details so that we can pay You."

[dvann0306]

I am challenging a money claim where the claimant has admitted to breaching CPR15.5(c), disclosing documents within 7 days, that they wish to rely on in their pariculars of claim.
I have not yet filed a defence and the claim has not yet been allocated. Furthermore they are relying on a Guarantee and Indemnity document dating back to 2022 where they have admitted to not promising to pay a consideration of £1 for entering into a Guarantee agreement. They state that the Guarantee and Indemnity is still valid on a revolving credit advance. They state that for a consideration to be valid, it requires to be something of value in the eyes of the law which, constitutes the price which the promise of the other party is bought. It does not have to be executed and can be yet to be performed. I believe that it is an unfair term as I argue that it is both unfair and unreasonable, in that it obliges the consumer to fulfil all his obligations where the seller or supplier does not perform his. The Claimant has agreed to extend the time to file a defence for a further 28 days. Do I have a valid defence?

My mistake. The correct rule is CPR31.15(c). The lender accepts that the period to file a defence can be extended for another 28 days under CPR 15.5(1)

[dvann0306]

Can you post the guarantee wording please.

What does the claimant say was the consideration that it gave for the guarantee?

Here is the wording:

"As consideration for entering into this Guarantee Indemnity, we promise to pay and You are entitled to receive a sum of £1. Your

entitlement under this clause has no expiry date (and shall survive termination of the Credit Agreement). To receive this payment,

You will need to email us and provide Us with Your valid UK bank details so that we can pay You."

[atticus]

That is sufficient consideration at law.

If you would like further advice, please post the guarantee wording.

[dvann0306]

That is sufficient consideration at law.

If you would like further advice, please post the guarantee wording.

Thank you for your response and I apologise for the delay. Here is the full wording redacted. The claimant has agreed to an extension of a further 28 days to fie a defence having accepted that they breached CPR31.15(c)