litigation section

[vix2000]

I have just been reading the litigation threads. After the papers are served and acknowledged it says 'defence'. Does this mean the bank has gone to court?

[Maxie]

After you issue proceedings/serve papers via the court, the bank has 14 days to acknowledge the service, which give them up to 28 days to file a defence. The 'defence' is not the stage at which you go to court, this is the banks repsonse or their 'defence' to your allegations.

[vix2000]

Thanks for speedy reply. So do you have to 'counter defend'?

[Maxie]

Proper legal procedure if you for it issue a claim e.g. the banks has levied charges that are unenforcable at law etc - you want you money back. The bank then offers a defence e.g. our charges are fair, transpartent etc.

After that have filed their defence you can as correct procedure issue a 'response to defence', where you can attempt to counter there points, but after this they have no right is respond to your repsonce to them except at trial. Does that make sense?

 

What will most likely happen is they will acknowledge the claim and state they plan to defend all the claim but then offer to settle, or they will enter a defence and then offer to settle.

[vix2000]

Thanks Maxie

[vix2000]

This topic was closed on 03/07/19.

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