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Posts posted by fish-face

  1. Is this better? do the points at the bottom refer to my case?




    1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.


    2. Paragraph 1 is denied on receipt of this claim I requested a copy of the agreement that the claimant refers to by way of a section 78 request.This was sent to the claimant by 1st class recorded delivery using royal mail postal service on the 4th March 2014.The claimant has acknowledged receipt on the 10th March 2014 but has failed to comply.They are therefore prevented from seeking any relief until their compliance.


    3. Paragraph 2 is noted I requested information pertaining to this alleged debt from the Claimant by way of a CPR 31.14.Copies of the Default Notice/Notice of Sums in Arrears and Notice of Assignment ,again they failed to provided me with my requested documents on which this claim relies upon.


    4.Paragraph 3 is denied I have no recollection of a Notice of Assignment and as no payments have been made the debt has not been made regular.


    Therefore with the courts permission the Claimant is put to strict proof to:


    (a) show and disclose how the Defendant has entered into an agreement; and


    (b) show and disclose how the Claimant has reached the amount claimed for;


    © show how the agreement was breached and legally terminated to allow the claimant to claim relief.


    (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;


    4. As per Civil Procedure icon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.


    5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.


    6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

  2. I've searched the whole forum and cannot find anything on court defence or any letter text or anything related to it... any pointers??

    as DX was supposed to have placed links in his suggestions but didn't


    Do I also write on the defence that they failed to address the CPR request and were quite childish in their reply to my request?

  3. is there a standard/template form?

    or how do I write that?


    legal jargon is not my strong point,


    however standing up in front of anyone and pleading my case is.


    Do I state i'm aware of the debt?


    Do I also write on the defence that they failed to address the CPR request and were quite childish in their reply to my request?

  4. what now?

    I can either defend or retract and admit,



    I don't really want to do that if there is a good chance that I can get it thrown out because of no CCA.

    Or can I apply for more time to await the CCA or is it best to go for it now...

    this was a 2003 agreement so I very much doubt they will find one, to be honest I can't even remember signing one...


    Is no CCA alone suitable grounds for a defence?

    i'm quite happy to continue to wind up IDRRRRR I do not want to do this at my cost..

    I can suffer some court costs if the worst came to the worst but not thousands

  5. Guys can someone just answer my question/questions...

    it does seem odd that everyone is now avoiding giving me a few rough figures,



    Andy you said you would advise if I needed to do a U turn, is that time now?



    I have to send this back on Monday, as it has to be in by Tuesday,

    I've asked if I can use the additional 14 days to wait for more information

    but also if i wanted to then admit within that extra 14 days could I?


    I do really appreciate all of your help

    the time has come to make my decision

    i do need to know how stumped i will be if the judge rolls the other way

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