Bank lost on summary judgement application

[I hate paying fines]

A big bank took CCA to recover a debt and applied for summary judgement but lost on the ground that a signed agreement was not available. The question is how long the bank has to issue a full proceedings before it runs out of statutory time limit. There must be a time limit in the law for them to issue a full proceedings after which they cannot take a court action.

[citizenB]

It is usual for a Summary Judgment to be requested after a claim has been issued and they have seen your defence.

 

Summary Judgment is usually requested by the claimant if they believe

 

a) The defence is absolute rubbish and they can persuade a Judge the defendant doesn't stand a hope in hell or

b) It is a way of testing the defence/defendant.

 

They will now be able to look at their own claim to see if it can be strengthened. Meanwhile, I think the claim will be stayed. They can leave a claim stayed for quite a while as I understand it. but the longer is it stayed the harder it becomes for them to persuade a Judge to let them continue.

 

Either party can apply to have the stay lifted - the claimant to continue - the defendant to ask for it to be dismissed.

 

I am not sure if there is a statutory time limit for the claim.

 

I have had a claim stayed against me since June 2009

[AndyOrch]

A big bank took CCA to recover a debt and applied for summary judgement but lost on the ground that a signed agreement was not available. The question is how long the bank has to issue a full proceedings before it runs out of statutory time limit. There must be a time limit in the law for them to issue a full proceedings after which they cannot take a court action.

 

If there application for Summary Judgment was dismissed...the claim continues to trial from their initial claim......if you have defended and the claim is stayed then it remains that way until either party wish to make application to lift the stay and proceed on whatever grounds.

 

Application for Summary Judgment is independent to the claim.

 

Andy

[I hate paying fines]

Crucial Question, that bank is holding back PPI redress against the debt. Is it worth/viable to take CCA to recover the PPI redress, or they can join two together even though they are two different matters. On the redress offer they are showing "money already paid in previous claim", but there was never a previous claim.