Capquest/HL - claimform Cap1 debt *OH gave in £30PCM*

[pt2537]

Ok, Roger, did you ask for any extension of time to be agreed for filing your defence?

 

Under the CPR , which many seem to miss, you can agree an extension of time to file your defence and the otherside has to concede this point , especially if you cannot plead a defence without certain documents

[pt2537]

just a thought, but, there is no pleaded admission or denial, so, i would advise adding say before para 5,

 

Notwithstanding matters pleaded, it is denied that the Claimant has established a cause of action or that the claimant has a valid claim against the defendant.

 

just something that i often add to Defences within my day job

 

Hope this helps

[pt2537]

have they supplied EVERYTHING the order required?

[pt2537]

Right, what credit agreement?

 

If you can pop a copy of it on here, minus the personal details that would be great

[pt2537]

ok you were ordered to file an amended defence

 

did you file any defence in the first instance?

 

also, im currently working on a clients file, so im not likely to have much time this evening and tomorrow im in conference with our counsel so time is limited myself.

 

i doubt i will be able to bung over a complete defence if im honest as i have soooo much work on but i will try and assist where i can.

 

it should always be remembered that this is a self help forum where people are required to do their own research in the main

[pt2537]

Actually, it is their business since they are the solicitors on record for the claimant

 

if the defence they have is not properly verified by a statement of truth then you can fall in serious difficulty. CPR 23 is very clear on that point.

 

so would suggest you oblige them in their request

Failure to verify a statement of case

 

22.2

 

(1) If a party fails to verify his statement of case by a statement of truth –

(a) the statement of case shall remain effective unless struck out; but

 

(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.

 

 

(2) The court may strike out(GL) a statement of case which is not verified by a statement of truth.

 

(3) Any party may apply for an order under paragraph (2).