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future_81

How do I deal with an apparent contradiction?

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If I were defending a claim brought by a debt collection agency on the grounds of unenforceability, how does one respond to the Claimant's statement that reads:-

 

"On the #### (date) the Defendant opened a xxxx Credit Card account number ## ## ##...."

 

Do I admit that I opened the account? I ask because of the apparent admission, and then arguing the case on separate grounds of "unenforceability". Can anyone help please?

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Exactly how you put it depends on the facts...

 

If, for example you signed an application form which did not contain the prescribed terms you would admit that you applied for say a credit card and that in consequence of that application a card was issued. You'd admit that there was an agreement in existence but you'd deny that it was reduced to writing or if it was reduced to writing you would deny that it was enforceable in consequence of...whatever the issue is.

 

You reallly need to post the CCA so that we can help draft a proper defence - posting the whole particulars of claim would also help - along with the Default Notice

 

Do you know exactly what the sum claimed is made up of - are there account charges...


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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