I don't think that their case rests solely on the promissory note. I think they are claiming there was an agreement to lend you (or your wife, or both of you, or your business) £20k and that you would pay it back. I suspect they then came up with the idea of using a promissory note to reinforce or confirm that agreement some time after the fact. (Do they have a solicitor? I suspect not otherwise they would have been told it needed to be executed as a deed if there was no consideration).
If the court kicks out the promissory note they'll just try to establish that there was still a loan and an agreement to pay it back. And that would be quite easy to do if you've already paid back £13K.
How come you don't seem to know when you last made a repayment? The claimant has given a specific date - just within six years which is why they are making a claim now.
I see you've just posted again...
I have double checked and cannot find any payments since the Aug 2013, overall they must prove it`s not SB and there not they are saying they debt is enforceable as they have a promissory note. if our defence states SB information and the Promissory note not Executed as Deed or any consideration would this be acceptable
According to our record the last payment was 1st August 2013, if they are correct and we hope they are wrong they class falls on where the Promissory note is legal as they are using the note as the main part of there claim.
As per my last post...the disclosure of documents follows after allocation...both parties will be directed by the court in its directions to perform standard disclosure along with their statement of case.If the " contract " has been referred to by either the claimant or defendant in particulars of claim or defence or in the impending " statements of case " then they must disclose that document in their standard disclosure...as evidence to support their defence.
If it has not been referred to.....and its pity you didn't refer to it in your particulars then you may have to force disclosure...you could possibly use CPR 18 or CPR 31.6 or 31.12...but that would involve making an application n244 and fee.
The N265 is for Fast Track cases.....yours is or considered to be small claims track.
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