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Hi all,
I have made an money online claim against a dodgy holiday lettings agent I terminated as they were ripping me off, making false charges and taking secret profits. I was paid in arrears and they did not pay me the last couple of months rent. I also strongly suspect that they are not VAT registered as they have ignored every request for details of registration.
There were several issues with their defence and counterclaim:
1) The defence was a bare denial of any debt and did not deal with the particulars of the claim or explain why they did not owe the money.
2) The counterclaim did not explain what the losses were or how they arose
3) The statement of truth was signed with the name of the defendants solicitor's firm, rather than as an individual, and they did not fill out the box which is intended to explain the relationship of the person signing to the defendant, if not an individual. They also filled out the date of birth for some reason.
My question is whether it is worth filing a N244 application to strike out the defence and counterclaim as invalid. I'm not particularly familiar with the process so not sure how it would improve my position.
Thanks
I have made an money online claim against a dodgy holiday lettings agent I terminated as they were ripping me off, making false charges and taking secret profits. I was paid in arrears and they did not pay me the last couple of months rent. I also strongly suspect that they are not VAT registered as they have ignored every request for details of registration.
There were several issues with their defence and counterclaim:
1) The defence was a bare denial of any debt and did not deal with the particulars of the claim or explain why they did not owe the money.
2) The counterclaim did not explain what the losses were or how they arose
3) The statement of truth was signed with the name of the defendants solicitor's firm, rather than as an individual, and they did not fill out the box which is intended to explain the relationship of the person signing to the defendant, if not an individual. They also filled out the date of birth for some reason.
My question is whether it is worth filing a N244 application to strike out the defence and counterclaim as invalid. I'm not particularly familiar with the process so not sure how it would improve my position.
Thanks