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lloyds defence getting struck out - abuse of process


markj113
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just spotted this in a thread on another forum -

 

"Hi,

 

well, lloyds defended my claim so was just waiting for it all to go to the local court. got a letter yesterday:

 

Before District Judge Maw sitting at Lincoln County Court

Upon reading the papers in this matter it is ordered that

 

The court, of its own motion, is considering striking out the defence in this action as abuse of process.

 

The basis for this is the fact that the Defendant is settling all claims in this nature where Claimants are seeking the reimbursment of bank charges, with no claims proceeding to a contested hearing.

 

The court considers the authority of Mullen v Hackney London Borough Council (1997) relevant.

 

If the defendant objexts to the proposed strike out, it is ordered to file, by no later than 26th June 07, a schedule setting out all claims of this type in England and Wales which have proceeded to a final contest hearing, and the outcome of such hearings, together with a schedule ofall such claims which it has compromised before the final hearing after proceedings have been issued.

 

Upon receipt of such objections, the Court will consider listing the claim for an on notice hearing of the strike out issue.

 

In the absence of any such objection being filed in time, the defence herein will be struck out a judgement entrered for the amount claimed by the claimant, together with the appropriate costs claimable on the small claims track."

 

As a legal and bank charge reclaiming newbie this seems very interesting, so what do all you experts make of all this..

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It's very interesting indeed and I wish more courts would take this stance (I think we're getting there) as it would speed up the process no end.

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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