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The defendant advanced the moneys to the plaintiff on

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Mr Kyle Holden on behalf of the plaintiff on or about 25 March 2005. The defendant advanced the moneys to the plaintiff on or about 25 March 2005. In so far as the agreement is to be implied, such implication arises out of the conduct of the parties and the need to give business efficacy to the contract or by implication of law. 15. It was a term of the loan agreement that the sum loaned by the defendant be repaid by the plaintiff upon demand by the defendant. 16. The defendant made a demand for repayment of the loan moneys on 2 April 2005. Particulars The demand was made orally by the defendant to Mr Kyle Holden on behalf of the plaintiff at Mr Holden’s residence on 2 April 2005. 17. In breach of the loan agreement, the plaintiff has not repaid any moneys to the defendant. 18. By reason of the foregoing the defendant was and is entitled to set off the amount of the debt pursuant to the loan agreement against the plaintiff’s claim.
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Dated: 17 September 2007 [signed] Jones & Jones Solicitors for the defendant
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