cabot just taken me to court! help please

[the_shadow]

Ok if your coming up to the deadline you'll need to file whats called a holding/embarrassed defence, this will basically state you cannot defend without the relevant information.

 

IN THE XXXXXXXX COUNTY COURT

CLAIM NO.XXXXXXXX

 

Between

Cabot

Claimant

and

 

Jockeylad

Defendant

 

1. I, Jockeylad of ************** make this statement as my defence to the claim brought by Cabot
   
2. 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.
   
3. Defendant notes that Under CPR 16 part 7.3 “where a claim is based upon a written agreement; (1) a copy of the contract or documents constituting the agreement should be attached or served with the particulars of claim”, no such document or contract was attached to the Particulars of claim served by the claimant.
   
4. A request under CPR 31.14 has been sent to the claimant’s solicitors on xx/xx/xxxx requesting information that the claimant will rely on and mentioned in the particulars of claim. The Claimant has not responded.
   
5. A further request for information in relation to this claim was sent on xx/xx/xxxx under CPR18, this has also not been responded do.
   
   
6. As such and without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.
   
7. Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.
   

 

 

Statement of Truth

 

I xxxxxxxxxxx, believe the above statement to be true and factual

 

Signed .....................

S.

[jockeylad]

your a star. i will get that off on monday cheers, what will courts do then?

thanks again

jockeylad

[the_shadow]

Ok, be sure to edit it to suit your purposes.

 

First thing is the court will send all documentation to your local court to handle the case.

 

The court will send onto the defence to the claimant along with an AQ (allocation Questionaire)

 

S.

[jockeylad]

hi, update. just recieved AQ today just a bit of advice needed on filing in

1, is small claims track way to go?

2, what should i put in the section other information?

3, what is the fee?

cheers for help

jockeylad

[cymruambyth]

Is it N150 or 149?

Have a look at this stickey http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

How much is the claim for, if it is less than £5k it is usually small claims.