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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I would be most grateful if you could provide me with a 'framework'

Resolved Question:

I would be most grateful if you could provide me with a 'framework' of wording relating to the striking out of a defence due to abuse of process (wholesale disregard of CPR 40.6) that I may submit to the court in relation to my claim. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Could you please explain your situation a little more?Alex
Customer: replied 1 year ago.

Hello, the Defendant (a bank) is trying to coerce us into signing an order that silences us with a threat of legal costs if we do not in relation to our claim to recover the proceeds of our joint savings account following its closure which the bank have failed to send back to us.

Expert:  Ash replied 1 year ago.
Ok - you need to apply to the Court to exercise its discretion and strike out the defence.You need apply using form N244:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdfYou need to seek a time estimate of 1 hour probably before a District Judge. There is also a hearing fee of £255You need to set out in a witness statement concisely why it is an abuse of process. You need to attach any exhibits.Then you send two copies to the Court, one for the file and one for the other side.Can I clarify anything for you about this today please?Alex
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Customer: replied 1 year ago.

Thank you.

Expert:  Ash replied 1 year ago.
Happy to help. Alex