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Obviously, most (if not all) banks are applying for stays straight away, pending the test case. Does the stay application/order dispense with the requirement for the bank to file a defence in the normal timescales?
I could be wrong but I think all of the stays I have seen have been applied after the defence has been filed, so I would say no they have to file a defence.
I know MCOL Northampton were staying everything on principal but even these cases were being passed to the local County Courts if you sent them a letter so again post defense stage.
I could be wrong but I think all of the stays I have seen have been applied after the defence has been filed, so I would say no they have to file a defence.
I know MCOL Northampton were staying everything on principal but even these cases were being passed to the local County Courts if you sent them a letter so again post defense stage.
I'm sure I will be corrected if I'm wrong .
pete
Thanks for that - my own gut feeling is that they should still have to file a full defence, even if the court agree to a stay, since they have to be able to say why they disagree with the claim.
Well, my mate & I have decided to try a letter to the court to try and get at least a defence filed.... here's the main body (obviously dates removed):
I am in receipt of the N24 dated [date], staying the above case until the OFT test case is heard.
In accordance with CPR15.4(1), the date for filing a Defence (when an Acknowledgement of Service has been made) is 28 days from date of service of the claim - by my calculations, this was [date]. Whilst I will not be applying for the stay to be lifted at this time, I understand that the Defendant has not yet filed a Defence to the claim and, as a Litigant in Person, my opinion is that the Court’s power to stay the case under CPR3.3 does not waive the requirement for a Defence to be filed under CPR15.4.
If this is the case, I would respectfully request that an order is made for the Defence to be filed accordingly. In the alternative, I would be grateful for clarification on this point.
Thanks
I'm putting it down to just another form of process abuse by the banks - at least his HSBC cases have had Defences filed and AQs issued & completed, this one's Natwest (so I guess we could've expected it from Cobbetts!)
It is the norm for a bank to respond with a standard defence.
It is also the norm for banks to simply submit a defence and not enclose any supporting document's!!!
It is the norm for a bank to respond with a standard defence.
It is also the norm for banks to simply submit a defence and not enclose any supporting document's!!!
Yes. Supporting documents are presented in court bundles when it gets to that stage.
Is the bank still required to file a defence?
in the normal timescales?
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Originally Posted by Castlebest
