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Cabot/Mortimer claimform - old 2003 Lloyds Loan -stayed - Now n244 to lift stay-SJ


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Difficult to say really ...you have to read and anticipate how the context goes and then counter..that's the art of arguing in litigation and why Barristers/Sols get big bucks. :classic_happy:

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We could do with some help from you.

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Had the hearing yesterday, Judge lifted the bar and permitted the claimant to go for trial but told the claimant that original default notice must be provided as screenshots were not permitted and asked the original letter from Lloyds stating that Cabot was the Creditor. Now what shall I do?

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So you have defeated their application to strike out/summary judgment...that's not an easy achievement so kudos there and the judge has concentrated on the default notice issue which is what  your statement intended.....tick box.......now its for the claimant to produce the original default notice and deed of assignment...reconstituted Deed Notice of Assignment they may overcome.....but getting the original default notice ?.....not a chance...but watch out or a recreated one. 

 

 

Well done....round 1.

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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 The National Consumer Service

 

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

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Yes Andy, I am glad their application has been rejected, thanks to you all for great help.
 

What will be the next procedure? Just wait for the hearing date from court? 
 

Will I get copies of any extra exhibit (if any) from the claimant before the hearing? 

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Claim will now move to allocation (parties file DQs) and the court will give directions re statement and disclosures.....or the court may dispense with allocation and just order that the claimant disclose the stated documents by x date and should they fail the claim will be struck out.....but lets see what transpires.

 

The Court will advise by General Order

  • Thanks 1

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 The National Consumer Service

 

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

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