limbo
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An interesting turn of events. Having followed everything through bit by bit (via MCOL; bank entered defence, etc) I received an offer from RBS which I turned down, saying I was interested only in the full amount. I also sent off the allocation questionnaire to the Court. Having heard nothing from Cobbetts or the Court for almost a fortnight I've just received from Cobbetts a copy of their version of the Court Allocation questionnaire, which they've just sent off. No other correspondence. Has anyone else made it to this little corner?
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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?
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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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