Tweet
Hi
I have acknowledged the claim and said I am defending in full. I did this today and believe I still have around 20 days.
The Particulars of the Claim only states 'The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank'.
Does this mean that I can only request these 'terms and conditions' from the claimants solicitor?
I could really do with getting hold of the bank statements too but don't have any or any link to the account since I moved accounts around 6 years ago. Can I request this as part of the bundle or am I unable to because they're not mentioned in the Claim Form Particulars?
If my bank statements are not included in the particulars does this mean that the claimant is unable to produce these at the court? If so, could I not simply say that I was under the impression that the statute barred?
If I do need to obtain my bank statements, can the time I have to defend be extended and be backed up by the banks failure to cooperate in the given time frame? (Just thinking ahead).
Could someone please advise on previous cases where people have successfully defended overdraft sums owing? Have searched but it seems to be other peoples situations and circumstances building up to a case but not finalised.
Much appreciated.
I have acknowledged the claim and said I am defending in full. I did this today and believe I still have around 20 days.
The Particulars of the Claim only states 'The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank'.
Does this mean that I can only request these 'terms and conditions' from the claimants solicitor?
I could really do with getting hold of the bank statements too but don't have any or any link to the account since I moved accounts around 6 years ago. Can I request this as part of the bundle or am I unable to because they're not mentioned in the Claim Form Particulars?
If my bank statements are not included in the particulars does this mean that the claimant is unable to produce these at the court? If so, could I not simply say that I was under the impression that the statute barred?
If I do need to obtain my bank statements, can the time I have to defend be extended and be backed up by the banks failure to cooperate in the given time frame? (Just thinking ahead).
Could someone please advise on previous cases where people have successfully defended overdraft sums owing? Have searched but it seems to be other peoples situations and circumstances building up to a case but not finalised.
Much appreciated.
