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Linian

Summary judgement or strike out?

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A lender has issued proceedings after sending an obviously faulty Default Notice

 

More than 12 months on and several adjournments later, they have now sent another (correct) DN and have applied to change their POCs

 

I want to contest this on the basis of CCA s87 in that they started proceedings without a valid DN which is confirmed by their issuance of a new one at this late stage

 

I want to ask for a strikeout;

 

a) Is this wise?

b) If not, why not?

b) If yes, would it be sufficient grounds to apply for summary judgement instead (or as well)?

 

Any help really would be appreciated

 

Thanks for any assistance

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