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Document missing from Bank’s Statement of Claim
Hi all,
I have a bit of a technical question I am hoping someone with some court experience with civil proceedings can help me with.
I’ll try to keep this brief and only include the relevant details.
1. I have discharged my loan with a BoE and the bank has filed a Statement of Claim.
2. In their Statement of Claim they have stated that the allegedly enforceable loan contract is comprised of 2 documents:
I. Offer and Loan Contract (Loan Schedule)
ii. Terms of Loan Contract (Terms and Conditions)
3. Neither of the above documents contain my signature, at all.
4. There is another document which has my signature “Personal loan acceptance form”. This is a separate document to the 2 documents listed above.
5. The bank has not listed this “Personal loan acceptance form” on the statement of claim as being one of the documents that comprises the loan contract (I believe this is a mistake by the Plaintiff’s solicitors).
i. The bank has put the “Personal loan acceptance form” in their affidavit for the upcoming summary judgement hearing that they applied for, along with the other 2 documents, as evidence of the loan contract.
6. To summarise:
-The only document that contains my signature is the “Personal loan acceptance form”.
-The bank has NOT listed this document in the Statement of Claim as one of the documents that comprises the loan contract that I allegedly agreed to.
-However, the bank HAS put it in their affidavit as evidence along with the 2 documents that ARE in the statement of claim.
Hoping you can see the discrepancy here.
What I am wanting to know is am I being too cunning by writing in my defence “The Defendant admits the allegation that the loan contract was comprised of the documents named in Paragraph 2(b)i and 2(b)ii of the Statement of claim. The Defendant denies the allegation that he agreed to the terms of the loan contract by reason that that neither of the documents named in 2(b)i and 2(b)ii are signed, and therefore agreed to, by the Defendant”.
The way I see it is my defence is suppose to respond to the FACTS in the statement of claim, point by point. So if they have only listed the 2 documents that I haven’t signed, that’s all I am required to respond to in my defence.
Would this hold up in court (providing you hold your position)? Or would a judge just strike it out because I now have an affidavit from the plaintiff that has the “Personal loan acceptance form” with my signature so there is evidence of my agreement blah blah.
I would think if they are going to use that document against me (in enforcing the loan contract) it would surely have to be listed in the statement of claim as one of the documents that comprises the loan contract?
I should add that in my original defence I put in non admissions for the points relating the contract by reason that I had not seen the agreement they referred to that was signed by both parties. I then requested a copy of the 2 documents listed in the statement of claim as evidence of their claims that “I agreed” to their contract. All I got back from them was a letter stating that they had filed an application for summary judgement with affidavits attached and at the bottom of the letter it said “The documents you requested have been provided for in the attached affidavit of “Julie Mills”.
So now that I have the documents I requested I figure I better file an amended defence and change my non-admissions to admissions or denials otherwise the judge will just strike them out and make them all admissions.
Thanks so much for taking the time to read this and for any input.
Documents attached:
-Statement of claim
-Offer and Loan Contract (Loan Schedule)
-Terms of Loan Contract (Terms and Conditions) – In comments
-Personal loan acceptance form
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2 Replies
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Terms and Conditions
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Have you purchased Module 7 Deliver Payment by way of BOE which has lots of evidence you can use to support your process and the Court Role Play Module 17 which has some great scripts for court?