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rainbow moon

My defence against Cohens - is this ok?

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I am going to put in my defence to cohens today but would appreciate a second opinion, I think it is ok as I have seen this letter on other threads so thank you to whoever wrote it. I was just going to post on moneyclaim but wondered if I needed to put more detail in re clause 7 of the agreement, the fact that I have very little paperwork other than a dodgy dn etc. Sorry for sounding thick but do I have to tick the yes box for counter claim when I enter the defence online - never done one before and don't want to get it wrong.

Thanks for any replies. Rainbow x

 

1. I, xxxxxx of xxxxxxx, make this statement as my defence to the claim brought by C L Finance Ltd.

 

2. The claimant’s 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, even allowing for the constraints of the bulk issue system.

 

3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14 dated xxxxxx, the claimant has replied to this and refused to send any information. As a result I cannot plead in defence to the claim.

 

4. Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the claimant’s 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.

 

5. Further to the above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Statement of truth

I believe that the facts stated in this defence are true.

I am the Defendant.

 

Signed:

xxxxxx

16/11/ 2009

Ref xxxxxxxxxx

Edited by rainbow moon
added info

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You need also to say that in the event the claim is denied


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Thank you bank fodder, I will include that. I still am unsure about the counterclaim thing -I would like to get the defence online today as my internet is playing up. Thanks for your replies Rainbow x

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