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kobylka

Please help! My defence struck out without any evidence from bank

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Brief background: I was a director of limited company and applied for business overdraft with Lloyds. They sent a pack of forms to fill. I was specific not to fill the personal guarantee document.

 

They provided overdraft. In 18 months the company went into luquidation. Bank went after me for PG. i took them to financial ombudsman - this went on for over 2 years, with ombudsman simply not reading any of my argument and agreeing with everything the bank said.

 

Earlier this year bank yook me to court, producing a strangely looking photocopy of personal guarantee and nit producing any executed business overdraft credit agreements.

 

I did cpr 31.14 request copying to court - which was ignored. 2 months later, i sent another letter to Lloyds remiding about the request and saying that i would apply for strike out of their claim if they do not respond.

 

Within days , i got a request registered with court for strike out of my defence! I had a hearing now - the judge ( who was a recorder and not a full judge) said he believes every word of the bank and finds it unnecessary to see any original evidence from the bank!

 

So the bank now got a summary judgement against me without any evidence.

 

How can i get this set aside? Is this even legal for a judge to simply side with the bank without any evidence? Please help!

Edited by kobylka

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Hi Koby and welcome to CAG

 

Did you acknowledge service of the summons and submit a defence?

 

Regards

 

Andy


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Yes - it was a short notice hearing for struke-out, and they required a statement which i submitted by email and post and had a postal receipt.

 

Hearing was listed for 10.30 - but when i arrived at 10.05, it already started. The judge told that i did nit submit any statement - to which I replied that i did and gave him a printed version. He did not look and asked to present my argument. As i started talking and mentioned there were no copies of originsl agreements, he went to say that he has no doubt the debr existed. I said that i did not sign the personal guarantee document and would like to see the original, to which judge replued that he sees no need for that and would just take a word of the bank that they had the original!

 

What argument can i use to set the summary judgement aside and get a full hearing?

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If we could just take a step back and refer to my first post did you Acknowledge Service via MCOL and did you submit a particularised defence?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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