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This is the defence my friend received, interestingly, she sent exactly the same PoC as I did yet we have two completely different defences.....
Anyway FYI here is the defence theyre using in this case... Might I add that they have ignored every single letter that she has sent (recorded signed for delivery) no response has been received in any way shape or form...
1. This defence is served without prejudice to the Defendants contention that the statement of claim is insufficiently particularised. The defendant reserves the right to plead further to the statement of claim once they ae sufficiently particularised.
2. The defendant will object that the particulars of claim in theis action disclose no reasonable cause of action against the defendant and makes no specific allegations against the defendant as to why the defendant should be liable to the claimant for the amount claimed.
3. The particulars of claim do not comply with Rule 16.4 1 (a) of the Civil Procedure Rules (Stylised particulars do not constitute compliance) as (amongst other things) they do not accurately identigy the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of £4038.17 is arrived at and the particulars of claim are too vague. The statement of claim shows no reasonable grounds for bringing the claim.
4. The claimant should, therefore, be ordered to file and serve an amended claim to set out the fill particulars of the bank account and the charges she is seeking to recover, identifying each charge, the date and amount of the charge and why the claimant in each case it is a disproportionate penalty and thus unfair.
5. The defendant shouldd then be given the opportunity to defend the proceedings further,
Right now correct me if I am wrong and I will tell my mate too....
1.The CPR18 request we ignore, they cannot make us fill out one as it is irrelevant isnt it? isnt this a well known stalling tactic?
2. We dont have to do anything the defendant asks for in their defence unless the Judge orders us to do so? Which they haven't btw!
3. All we need to do is prepare her court bundle according to the norm and including the items the Judge has specifically asked for and anything else we can lob in at the same time?
am I right?
XxX
Anyway FYI here is the defence theyre using in this case... Might I add that they have ignored every single letter that she has sent (recorded signed for delivery) no response has been received in any way shape or form...
1. This defence is served without prejudice to the Defendants contention that the statement of claim is insufficiently particularised. The defendant reserves the right to plead further to the statement of claim once they ae sufficiently particularised.
2. The defendant will object that the particulars of claim in theis action disclose no reasonable cause of action against the defendant and makes no specific allegations against the defendant as to why the defendant should be liable to the claimant for the amount claimed.
3. The particulars of claim do not comply with Rule 16.4 1 (a) of the Civil Procedure Rules (Stylised particulars do not constitute compliance) as (amongst other things) they do not accurately identigy the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of £4038.17 is arrived at and the particulars of claim are too vague. The statement of claim shows no reasonable grounds for bringing the claim.
4. The claimant should, therefore, be ordered to file and serve an amended claim to set out the fill particulars of the bank account and the charges she is seeking to recover, identifying each charge, the date and amount of the charge and why the claimant in each case it is a disproportionate penalty and thus unfair.
5. The defendant shouldd then be given the opportunity to defend the proceedings further,
Right now correct me if I am wrong and I will tell my mate too....
1.The CPR18 request we ignore, they cannot make us fill out one as it is irrelevant isnt it? isnt this a well known stalling tactic?
2. We dont have to do anything the defendant asks for in their defence unless the Judge orders us to do so? Which they haven't btw!
3. All we need to do is prepare her court bundle according to the norm and including the items the Judge has specifically asked for and anything else we can lob in at the same time?
am I right?
XxX
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