Hi All,
I need to put together a defence against a MKDP claim for an old Barclaycard debt.
My defence will be based around the following:
1. Much of the copy signed application form supplied in response to my CPR 31.14 request is illegible.
2. I do not believe any T&C were supplied with the application form. Therefore the signed agreement did not include all the prescribed terms.
3. The copy T&C supplied in response to my CPR 31.14 request are dated more than a year after the account was opened and so are clearly not the T&C applicable at the time.
However, I'm not sure how to set my defence out... is there an accepted format?
Also, I'm unsure how much to include in terms of case law and references to other cases. I intend to submit my defence using MCOL and so am wary of including too much detail (is there a space limitation?).
My plan is to expand on my defence during the court hearing and bring in the necessary case references then. However, I am concerned that I may not be able to do this if I have not listed all such references in my original defence?
Does anyone have any advice or guidance on any of this?
Many thanks.
I need to put together a defence against a MKDP claim for an old Barclaycard debt.
My defence will be based around the following:
1. Much of the copy signed application form supplied in response to my CPR 31.14 request is illegible.
2. I do not believe any T&C were supplied with the application form. Therefore the signed agreement did not include all the prescribed terms.
3. The copy T&C supplied in response to my CPR 31.14 request are dated more than a year after the account was opened and so are clearly not the T&C applicable at the time.
However, I'm not sure how to set my defence out... is there an accepted format?
Also, I'm unsure how much to include in terms of case law and references to other cases. I intend to submit my defence using MCOL and so am wary of including too much detail (is there a space limitation?).
My plan is to expand on my defence during the court hearing and bring in the necessary case references then. However, I am concerned that I may not be able to do this if I have not listed all such references in my original defence?
Does anyone have any advice or guidance on any of this?
Many thanks.
Help needed with defence against MKDP claim
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