Defence Statements

[R0b]

Guidance Note
The intention of this thread is to provide some real-life examples of defence statements that I have used in the past for various types of claims. They will be categorised under separate headings depending on the type of claim. Please note that these statements are for information and educational purposes only, I cannot be held responsible for any losses or damage should you wish to use any part of the example defence statements and it is entirely at your own risk.

In some of the examples, you will notice that some of the wording is covered by square brackets and this is because you will need to amend the wording to adapt your current situation.

1. Non-compliance

Example 1

By way of general comment, it should be noted that whilst the Defendant intends to respond to the issues raised by the Claimant in the Particulars of Claim, [he/she] cannot do so with complete accuracy because the Claimant has not provided details of the contractual terms [it/he/she] nor has the Claimant provided sufficient particulars which discloses a cause of action [and as to how it has suffered any such loss]. The Defendant reserves the right to re-plead [it/his/her] Defence and to claim the costs and expenses incurred from the Claimant in the event that better particulars are provided by the Claimant

Example 2

The Claimant has not pleaded his case in accordance with CPR 16.4 (1) (a), in that there is not a concise statement of the facts on which the Claimant seeks to rely. Furthermore, the Claimant has merely provided a chronology of correspondence, disclosing no reasonable cause of action, which in turn means it is difficult for the Defendant to respond to the claim as he does not know the case he has to meet in respect of the allegations. Accordingly, the Particulars of Claim is liable to be struck out for want of particularity.

Example 3

The Claim Form and Particulars of Claim have been drafted in a manner which makes it difficult to respond to on a paragraph by paragraph basis. This Defence will therefore respond to the Claimant’s allegations by setting out the Defendant’s version of events.

2. Statute barred claim

The loss alleged by the Claimant occurred more than six years before this action was brought and therefore the Claimant’s cause of action is statute-barred.

3. Denial of monies owed

Example 1

For the reasons set out below, it is denied that the Claimant is entitled to the alleged sums or at all.

Example 2

In this Defence:

(a) except where it is expressly admitted, the Defendant requires the Claimant to prove its claims; and

(b) entirely without prejudice to the above requirement, the Defendant denies each and every allegation in the Particulars of Claim.

4. Failure to serve a default notice

Example 1

The Claimant did not serve on the Defendant a default notice in accordance with Section 87 of the Consumer Credit Act 1974. Further, if (which is not admitted), a default notice was served on the Defendant, the Claimant is required to prove that the said notice complied with the provisions of Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.

Example 2

It is denied that the Claimant is entitled to enforce the agreement because the Claimant failed to serve on the Defendant a default notice contrary to Section 87(1) of the Consumer Credit Act 1974.

5. Failure to give notice of assignment

Example 1

The Defendant makes no admission as to whether the agreement was assigned to the Claimant. The Defendant requires the Claimant to provide satisfactory evidence that the said agreement was legally assigned to the Claimant. If (which is not admitted) the agreement was assigned to the Claimant, it is denied that notice of the assignment was given to the Defendant.

Example 2

It is denied that the Claimant informed the Defendant that the agreement had been assigned in accordance with Section 136 of the Law of Property Act 1925. The Defendant also notes that the Claimant has failed to state the date on which notice of the assignment was given and it is averred that no such notice was ever given. In the absence of a valid legal assignment, the Claimant has no right to pursue this claim in its own name.

Example 3

The Defendant does not admit that the alleged debt was purportedly assigned to the Claimant in accordance with the Law of Property Act 1925 as [he or she] does not have knowledge of those facts. On [date] the Defendant wrote to the Claimant requesting a copy of the said deed of assignment to verify that the alleged debt was legally assigned to the Claimant but this request was refused without a sufficient explanation. In the absence of such assignment, the Claimant has no legal standing to pursue this claim.

If, which the Defendant does not admit, the agreement was assigned to the Claimant pursuant to the Law of Property Act 1925, it was the duty of the Claimant to serve notice of the assignment on the Claimant as soon as was reasonably possible following the assignment. The Defendant denies ever having received such notice of assignment and requires the Claimant to provide evidence that such notice was validly served.