I received my defence papers this week which included the CPR part 18bit which I know from reading here is not right for small claims so today I contacted The Law Society regarding this.
I had a very nice conversation with them and they have provided me with a course of action to follow.
1) Contact Cobbetts and ask why they have included this in their defence and get their reasons in writing.
2) This is the problem bit - when it gets to court (and we all know about that) but if it gets to court raise this with the judge. The judge will then make comment on the fact that Cobbetts have been using a defence which they know is wrong and is an abuse of their knowledge
3) Once I have this from the Judge I can go back to the Law Society and they will invesigate to see if Cobbett have been abusing their power and taking unfair advantage.
I have tried to contact Cobbetts to get their point of view about this but just gone to voicemail, will keep on trying and will let you know if I get through.
But thought if anyone else is close to court date they should try and get anknowledgement from Cobbetts as to why they feel this defence is correct. Even if you prove that this has been ask, you can ask the Judge to comment
Apologies if I am repeating this and someone else has done this before but couldn't see it posted anywhere. I just feel that if Cobbetts are doing things wrong to gain an unfair advantage they should be held accountable
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