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Hi all,
We have just received B'Card's defence and the aq (N149) to complete. The defence is the standard B'card defence, BUT, point 2. states: "The Particulars of Claim are not verified by a signed statement of truth. The Statement of Case would appear to obstruct the just disposal of the proceedings and does not comply with CPR r16.2.8 The Defendant respectfully requests an order that the claim be struck out"
It appears that we have not signed and dated the POC. Is this a major error?
Can we re-print a new POC then sign and date it(today's date-or back date it?) andthen attach it to the completed N149 (noting the attached POC in Section G - Other Information of the N149)?
Any advice would be appreciated as we are very worried that we may have badly slipped up.
Thanks in advance.
Spurs9
Re: Spurs9 o/h vs Barclaycard - Did not sign&date Particulars of Claim-*HELP!*
Don't panic.
Wait until the judge gets back to you. If he has any sense, he'll give an order that you rectify your mistake within x days, else claim will get struck out. Striking your claim out straight off would be against the over-riding objective.
I'm going to change your title to something less panicky, you don't want to alert them now, do you? ;-)
Apologies to people who I was in the process of helping, I may be gone some time.
Phew! Thanks Bookworm.
In the interim do I proceed submit the completed aq (N149) as per CAG normal recommended procedure, and then just wait for the judge to later, come back to us about the unsigned POC?
The AQ has to be submitted by 20th Aug 07.
Thanks again for your prompt response.
Spurs9
Spurs9 o/h vs Barclaycard
(N149) to complete. The defence is the standard B'card defence, BUT, point 2. states:
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