Defense struck out by judge .... what next?*** All Read***

[Glenn UK]

goforit

 

im interested in your comments, the court doesnt need a statute to make a judgement striking out a defence and making a judgement.

 

They can make awards based on their local knowledge (See Mullen Vs Hackney) and the defendant can certainly appeal if they feel they have grounds. although Mullen Vs hacknety was appealed and it was found the judge is allowed to take account of a defendants previous conduct when making judgements.

 

I was interested in your comments about nothing is instant and giving the bank time to pay.

 

I suspect that if the claim had been for a value tens of thousands rather than a few K he may be minded to give them more time.

 

As it is 5K is a small sum to the banks and if pressed im sure they could pay it in loose change.

 

Glenn

[Rooster-UK]

This is indeed great news and a big step forward. However I don't think it sets a precident in law as the case has not been heard (any lawyers please correct me if I'm wrong).

 

What we need is for a case to be heard and defended properly, then we're in business and the banks would have to back down for good.

 

Please Note....

Precedent cannot be set in the small-claims court, only in the higher courts.

 

Regards, Rooster.

[Kelly Jenkins]

Hi All

 

Here is my claim number for this case if you would like to use it as evidence for your own.

 

7QZ01370

 

If you like any more information just PM me.

 

Good luck

 

Kelly

[hatter]

I have a hearing on June 5th. Is this your real name and can I quote KJ v Natwest as an example where the defence has been struck out?

[Juliette]

***HELP*** Natwest have filed defence and request for further information - they me want to specify the section numbers of The Unfair Contract Terms Act 1977 and the regulations of the Unfair Contract Terms in Consumer Regulations 1999 - what do I do? :-|

[Parkvale]

Juliette, chill before you have a heart attack. Absolutely normal intimidating rubbish from Cobblers their solicitors. Firstly start your own thread. So we can follow your progress and advice. Secondly, do nothing just wait for the court todirect you now. Thirdly, . Have you send them a spread sheet ? Last and by no means least have a look at these; Good luck.

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

[mariejader]

I had the same judge as Kelly and he has also struck out my claim

 

I have today filed for judgement against Abbey

[ripoffstopper]

Hi Mariejader, struck out your claim or their defence?

Cheers ROS

[mariejader]

Hi Mariejader, struck out your claim or their defence?

Cheers ROS

 

Their defence , sorry if I did not make it clear but it's as the topic title said

[juilew]

can any one help. I started court proceedings to the abbey they had till the 10 may to respond. I got a letter this morning fromthe courts to say they are going to defend all the claim. I don,t know what to do next. Are they trying to scare me to drop the claim .

[mariejader]

Julie can I suggest that you start your own post in the Abbey section. you will get more response there and also you can keep track of you claim.

 

 

Take a look at my claim http://www.consumeractiongroup.co.uk/forum/abbey-bank/70029-mariejader-abbey-defence-struck.html

 

You will see it's normal for Abbey to defend, you will also find a copy of the defence they sent me, I would say it's the same as yours and most other people's so don't worry have a good read of the FAQ's and start your own topic and you will get help

[juilew]

thanks i will ask my sister in law on how to set up a post . i am new to all this and i am panicing abit. I just saw the letter and them saying the have filed it with their solicitors

[sting321]

Hi Everyone,

 

I today had a hearing at Rawtenstall County Court in Lancashire and got a county court Judgement against Abbey for bank charges,

The judge stated that their offer letter in her opinion was an admission of liability.

 

if anyone needs the case number let me know!

 

What a feeling!

[steven4064]

Hi sting

 

This looks interesting - can you post the text of the judegement, please

[funkychic]

HELP!!!!!!

 

I am claiming for 1,299.71 from NatWest (including court fees!) I was just about to send off my request for judgment form as the bank struck out as an abuse of process, but COBBETTS has put in an application to set aside the court order and wishes it to be dealt in a hearing.

 

What does this mean for me? what do I do now? Will I get a court date? Does this mean a solicitor will be present at court, after all they are asking for a hearing?

 

I am so scared - after being so close!! Please help!!

[steven4064]

Funkychick

 

You ought to have your own thread rather than posting all over the place - I have posted a reply here: http://www.consumeractiongroup.co.uk/forum/natwest-bank/105151-natwest-defence-struck-out.html#post1014566