Lone Star this page may or may not be available to the Bank. Presumably you have requested a copy of the missing page at this stage. In terms of obtaining a Judgment it is of nuisance value only as a defense. The main Proof required to obtain a judgment is whether the funds were validly issued to you. This can be quite easily proved by the bank. frequently where documents are copied internally they reflect the file copy document rather than the original signed document which is held separately by the security section. This is the most likely explanation for the missing signature sheet. I have been involved in a number of cases where signatures were either disputed or missing on loan documents and while these have on occasion delayed issue of judgment I have yet to see a case where judgment was not obtained by the bank.The facility letter they have as an exhibited is missing the signature page.....is this of value to me in terms of mentioning in court? Is it missing on purpose?
Absolutely Lone Star. I have plenty of inside experience of unnecessary legal action taken where there is patently nothing to be gained by it. Keeps the solicitors happysure it's all a game and a gamble
I wonder could the whole summary judgment process in Ireland and the UK be challenged under the ECHR ( right to fair trial ) ? In particular the equality of arms aspect in the initial stages of seeking summary judgment.
Do not know how this post arrived here, it was a reply to Bronte question on a completely different thread . Sorry for any inconvenience, will talk to BB about same.The Commission and ECJ have absolutely nothing to do with the ECHR.
The idea that the summary judgment process somehow breaches human rights is, to put it mildly, far fetched.
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?