Thread: Limbo vs RBOS - defence served HELP!

Cobbetts have sent their notice of acting, the defence and a CPR part 18 request. I know how to deal with the request but the defence itself worries me. They criticise me for not providing a copy of the original account contract - I would assume the bank would have it but apparently I should have provided it to them and the court. Anyway, I didn't, and what's more I can't find it. (I do have the T&C for the overdraft facility but I assume that's not the same thing.) What to do? Can they shut down the claim on this technicality? The defence basically says they don't know what they are defending because I haven't given them enough info. Do I need to send a reply to the defence? If so how do I do it/what do I say? Help!!!

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Originally Posted by karnevil

On the 'original contract' bit - can you quote the section of the defence where this is requested ?

Many thanks for your help karnevil. The defence states: "The Claimant's case is based in contract. Despite this and contrary to CPR Part 16 PD paragraphs 7.3-7.5, the Particulars of Claim do not plead full and necessary particulars concerning the contract between the Claimant and the Defendant. In the circumstances (pending the proper particularisation of the claim) no admissions are made as to whether there is (or has been) a contract between the Claimant and the Defendant. The remainder of this Defence is pleaded without prejudice to this non-admission."

Obviously the last part is pish, but basically is the breach of the CPR PD anything to worry about? And, do I now need to provide this - to them and to the court - and, if so, does the standard set of T&Cs from the bank suffice?

Limbo,

I've just gone through all this with RBS (and they paid up so dont give up!) They stated in their defence to my case that i hadnt provided them with enough information (including my account numbers - which i am sure the bank already have!?!) If you check on my thread there is a good response to the Request for info regarding the contract.

Dont give up - they will give in!

The Claimant's case is based in contract. Despite this and contrary to CPR Part 16 PD paragraphs 7.3-7.5, the Particulars of Claim do not plead full and necessary particulars concerning the contract between the Claimant and the Defendant. In the circumstances (pending the proper particularisation of the claim) no admissions are made as to whether there is (or has been) a contract between the Claimant and the Defendant. The remainder of this Defence is pleaded without prejudice to this non-admission."

gosh they do like to make it complicated !

can you post what you had put in your particulars of claim on your claim form ?
I think they are just saying you didnt put in your sort code and account number ? -
complete tosh as they would have the original agreement anyways - wouldnt they ?

the parts they are quoting...
http://www.dca.gov.uk/civil/procrule...6.htm#IDAR1BND

7.3 Where a claim is based upon a written agreement:
(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and
(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).
7.4 Where a claim is based upon an oral agreement, the particulars of claim should set out the contractual words used and state by whom, to whom, when and where they were spoken.
7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.