Hello. after much stressing i've come up with this based on other peoples defences. Can i submit this online? Thanks dx
Particulars of claim
1.By an agreement between JD Williams T/A Viva ladiva.com(VLD) & the defendant dated 10/06/2007
(the agreement) VLD agreed to issue the defendant with a credit account upon the terms & conditions set out therein,
2. in breach of the agreement the defendant failed to make the minimum payments due& the agreement was terminated.
3.The agreement was assigned to the claimant on 27/01/2011 the claimant has complied with sections 111 & 1V of practice direction - pr court conduct
THE CLAIMANT THEREFORE CLAIMS 1404.32
Claim number *********
Cabot Financial - Claimant
************ - Defendant
I, ********* of ********** Make this statement as my defence to the claim brought by Cabot financial
Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.
The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.
No documents supporting the claims in the particulars have been offered and despite a request to the claimant on July 7th 2014 for further information none has been forth coming and as a result I cannot plead in defence to the claim
The claimant pleads that the claim is brought under an “Agreement”, yet the claimant has not provided me with a true signed copy of any such “Agreement”.
The defendant contends that point 4 in itself amounts to a clear abuse of the process as the claimant would know the law and is trying to bring a claim for monies which it is not entitled to and knows that this is the case
Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit
Further to the above paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.
Statement of Truth
I ********, believe the above statement to be true and factual to the best of my knowledge