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Strike out and or summary judgement by bank for savings claim following N1.

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Could anybody help by suggesting what reasons a bank as defendant could apply for Strike out and or summary judgement for a court claim issued by a depositor as follows.

 

Claimant opens a fixed term savings account online and deposits by debit card.

The bank adds interest and after the term ends, the claimant writes a letter of instruction as the T&Cs require asking for the money back by cheque as the bank can pay by cheque, FPS etc.

 

This is refused, claiming fraud, signatures does not match (bond was opened online so didn't get a signature at the time) etc.

 

What excuses do you think could the bank use to get the claim stopped before allocation to small claims track?

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" Bank as defendant could apply for Strike out and or summary judgement of my claim.What excuses do you think could the bank use to get the claim stopped before allocation to small claims track? "

 

The main reasons would be that you failed to particularise your particulars adequately and therefore the court agreed with the defendants application that your claim lacked substance ?

 

The courts have power to terminate proceedings at an early stage where either the Claimant or defendant has no prospect of success, without putting the other party to the expense and delay of a full trial of the proceedings.

 

Summary judgment is a procedure by which any of the parties or the court can dispose of all or part of a case without a trial where:

 

A claim or issue or a defence to a claim or issue has no real prospect of success and there is no other compelling reason for a trial. (CPR 24.2)

 

An application for summary judgment may be based on:

 

A point of law (including a question of construction of a document).

The evidence which can reasonably be expected to be available at trial (or the lack of it).

A combination of these. (PD 24.1.3)

 

Regards

 

Andy


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