hello again! Now i'm in a right pickle and don't know what to do, any offers of help please?
i got the defence from the court today, and it dosen't look like the defence that anyone else has talked about! this is it in full:
1. The Defendant Lloyds TSB Bank pic (the Bank) is a Bank whose registered office
is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has
been a customer of the Bank at all material times.
2. This Defence is served without prejudice to the Defendant's contention that the
Statement of claim is insufficiently particularised and is embarrassing. The
Defendant reserves the right to plead further to the Statement of Claim once
they are sufficiently particularised.
3. The Defendant will object that the Particulars of Claim in this action disclose no
reasonable cause of action against the Defendant and makes no allegations
against the Defendant as to why the Defendant should be liable to the Claimant
for the amount claimed.
4. The Particulars of Claim do not comply with the Civil Procedure Rules as
(amongst other things) they do not identify the account in question that appears
to form the subject matter of these proceedings or indeed show how the sum of
£2217.00 is arrived at and the Particulars of Claim are too vague. The
Statement of Claim shows no reasonable grounds for bringing the claim.
5. The Claimant should, therefore, be ordered to file and serve an amended claim
to set out the basis in law and fact for his claim as there is no pleaded basis for
the claim itself. The Claimant should give full Particulars of the Bank Account
and the charges he is seeking to recover, identifying each charge, the date and
amount of the charge and why the Claimant in each case he alleges it is a
disproportionate penalty and thus unlawful.
6. The Defendant should then be given the opportunity to defend the proceedings
further.
i also got the AQ from the court at the same time, but i really don't know what to do now!! have i completely messed it up?
any advice gratefully received! many thanks!