Robbersway/Hagarty Claimform - Secure Plus Loan debt - Faulty default notice?

[Mike_hawk]

DD

 

Rules and PD for filing of amended soc/defence

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part17

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part17#id3585781

 

Header should read:

 

Amended Defence by Order of District Judge .............. dated...............

[Guest]

mike/dd

what about also referencing s127 cca and/or cpr pract direction re agreement in para 2 b of defence?

[Mike_hawk]

mike/dd

what about also referencing s127 cca and/or cpr pract direction re agreement in para 2 b of defence?

 

Evening Ford

 

Agreed, I'd be inclined to include all relevant provisions of the act in stating the case that the order has not been complied with [and seemingly now cannot be]. Throw enough mud and some of its going to stick. I believe the amended defence should state why the claimant has failed rather than a flat denial to relief.

 

Just needs something fairly short and succinct to cover each point ensuring that the non expert/hearsay nature of disclosure is included.

 

DD....... just a thought regarding the balance, have you considered offering them a w/p route out of this mess. Offer consent or Tomlin for principal [3k], less payments, less your costs in the case, less application fee...... I'm sure you could get it down to less than a couple of hundred to get shot of it. Appreciate it may not be for you but it's worth considering any/all options to dispose of this.

[Guest]

evening mike

yes, was also thinking that such reference may 'help' to 'remind' the j of the sort of standard re proof that should be required if it progresses?