You were asked for the particulars of claim, which I can’t yet see.
Posting your defence (without the particulars of claim) isn’t that helpful : the aim is to tailor the defence to the PofC, highlighting which areas aren’t in dispute (so the court doesn’t have to waste time on them, and can focus on the key areas), and which areas you can (as a matter of critical importance) show where the claim fails on matters of law.
ideally their PofC would be numbered, and you could go through line by line....
1a) It is admitted a loan of £x,000 was granted on <date>
1b) It is denied the loan was made to Person X. The Claimant is mistaken, as in fact, the loan was made to Company Y.
2a) It is admitted in part that payments were made. To clarify, payments ceased on <date>.
The claimant’s belief that payments were made after <date> is denied.
2b) Given more than 6 years have elapsed (with no payments nor admission of debt) ... <Staute barred text>
(Points 3-7, more “denied”, “accepted”, “accepted in part, with bits denied”, and also “neither accepted nor denied, but claimant is put to strict proof thereof”)
it might not be point 7, but you get the gist .....
In the alternate: (again, may not be point 8 but numbered sequentially and logically)
8a) It is admitted a note was signed by Person Z on <date>
8b) This note was not executed as a deed, and no consideration was received in exchange for it, thus no enforceable contract can be formed by it.
8c) Thus the claimant’s action in contract is fatally flawed, and bound to fail in the absence of an enforceable contract.
9) The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.
The aim is to make it simple enough for a child to follow.....
a) it impresses the court,
b) it focuses on the key issues at law, and key matters in dispute. (The court can then decide who they believe to formulate what they believe happened, and apply their interpretation of the law to that to reach their decision!)
Both of these are adding to your credibility and making it easier for the court to see the legal basis for your defence, and
c) when faced with this the claimant may see sense and withdraw (although, after so long ... I somehow doubt it!)
Thank you I have already started that process the universal credit housing costs won’t even cover half the rent and as you know this process takes a long time.
I am also pretty sure my landlords have a UK mortgage as they used to live in the house we now rent from them if this is the case would they be entitled to the same rights even though they are based over seas now?
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