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Shoosmiths taking debt to court

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Hi there

I am new here but regularly use MSE and have been reading through about Natwest cases - I hope someone can help.

 

Basically I am helping a friend (trying to!) who is being taken to court by Shoosmiths for a joint business debt of a business partnership which has now broken debt.

 

It is a combination of a bout 21k loan and 3k o/d. There are lots of charges added on here for bounced dd's charges and interest etc. She is jointly and severally liable for this debt and unfortunately for her the bank think she is more court worthy

 

Now, I have come into this part way through so forgive me if I forget anything. I have got court documents from April this year which Shoosmiths say they held court action of for a settlement. We see no other way but court as the lady is on a pension and has various credit cards which is causing a rob Peter to pay Paul scenario. We now believe the only thing we can do is put in a defence for court as all offers on the table have been rejected.

 

I have sent a CPR18 request which got a very shirty response about the court will not look favourably on us for 'fishing for information'. They enclosed personal guarantees, statements of both accounts, a letter of intention type document which I presume amounts to a default notice and various other correpondence.

 

My question is they have completly ignored the Credit agreement (signed) and have not sent this - am I right in thinking this is a vital part of the court process and we need that to make our defence? I dont think Shoosmiths have one as they have ignored the request.

 

I have send the form off the court documents buying us 28 days to prepare the defense. I read an excellent defense on here which I was going to use as a template.

 

Should I re write to Shoosmiths re iterating that we need the Credit Agreement?

 

Thanks so much in advance

 

PS My friend has two extremely poorly grandchildren in hospital with genetic liver failure and cannot cope with this, hence me helping her.

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