Im sorry to bang on about this point, but i am seeing hundreds of claims for breach of contract relating to a regulated consumer credit agreement, which make no mention of service of, or expiry of a Default notice, no mention of when the notice expired, no mention of when the agreement was terminated or the right to demand the full balance arose.
we know the editors of Goode Consumer Credit Law and Practice made it clear that a default notice must be pleaded. We know the Court of Appeal in Doyle made it clear the default notice is part of the cause of action. So why would you defend a claim to trial if there is no mention of a default notice?
The Court of Appeal said no notice then its a unarguable strike out!!. If the Default notice isnt mentioned in the pleadings then you cannot ask for a copy under CPR 31.14, if you ask under CPR 18 the chances are the lender wont have its house in order and wont be able to answer your questions, and at the end of the day why should you have to mess about correcting the errors of the claimant? Isnt it after all their job to plead their case?
I consider that a poorly pleaded claim shouldnt be allowed to fester any longer than needed, in my view the Court is right, a strike out is quite correct. Im hoping to be able to report a judgment on this shortly.