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Request for the bank's defence to be struck out


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Has anybody from here tried this ( using the N244 form http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=484 ) ?


Having read about how the courts are fed up with the antics of the banks, settling at the last minute and not turning up, is this now - for the sake of all future claimants as well as ourselves - the best course of action to take?


Judge Thomas at Rhyl county court has already ordered Lloyds to send in a list of all the cases it has taken to trial and all the ones it has settled. If they don't (or didn't, it had to be in by June 5th) the court is considering striking out the defence as an abuse of process on the basis that the defendant has settled all previous claims of this nature.


Also, from BBC NEWS | Business | Lloyds wins second charges case :


At Worcester county court, a judge recently told one bank charges claimant, David Huckerby, in whose favour he had just ruled, that this was the 50th time that a bank - also Lloyds TSB - had failed to turn up before him and he was now getting "thoroughly fed up".

These are the latest among a growing number of judicial criticisms. In recent months, similar comments have been made by judges in Lincoln, Leeds, Bristol and even the Mercantile Court in London, a branch of the High Court.



My case is due to be heard at Bristol in early August in a "block list" (this due, presumably, to the banks getting right on their nerves by settling late and/or not turning up at all). I assume the judges are now keen to settle against the banks?


Could this be a good time to piggy-back the courts' annoyance with the banks and give them the easy way out of ruling against the banks without the need for all the paperwork and time wasted?


BBC NEWS | Business | Banks branded 'vexatious defendants'

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