Particulars of Claim??? case is going to be struck out.! HELP!!!

claire74_2

Ive just got a lettercfrom the court this morning saying

The Particulars of Claim are struck out as disclosing no resonable grounds for bringing the claim

3. The claimant must file at court and serve on ever5y other party a further statement of case by 4pm on the 11th april. this must set out a coherent set off facts, which if true, disclose a legally recongnisable claim agaiast the defendant.

4. if the claimant fails to comply with paragraph 3 of this order, the claim stands struck out without further order of the court and the defendant is entitled to appy for jugement pursuant to CPR 3.5

5. the claimant must apply bby 4pm on 11th april


CAN ANYONE PLEASE HELP I DONT KNOW WHAT TO WRITE? HAS ANYONE ANY TEMPALTE THEY COULD EMAIL ME..?

THANKS XX

MickKnipfler

Claire,

If I were you, I would change your email address to sat 'at' rather than @. You may get lots of junk mail otherwise....

Do you want to share the details of your case? I'm not an expert but have won 2 cases.

I think the key think is to state "matters of law" in your particulars of claim. I.e. stat where you think the breach of contract or whatever has occured. Keep feelings and opinions out but do include how you have been reasonable in giving the defendant an opportunity to rectify the problem if possible.


Hope that helps

claire74_2

i have done the following letter... Does this sound ok...?

Particulars of Claim

Between 1st September 2005 and 28th February 2007 the Defendant Natwest Bank debited numerous charges from the Claimant’s account.
********. Account number: ****** sort code: ******

The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.

Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty.

Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This £84.47 accruing at the daily rate of 0.021% until judgment or payment.

The Claimant asks the court to enter judgment in their favour for £1,435.00 plus interest, totaling £1,519.47.

Statements and Interest Calculations are attached with this letter.

Bewitched2761

Claire if in any doubt you could go over to the CAG site they have numerous letters which would help you, or start a thread and there will probably be someone there that has had the same experience
hth

LaineyH

Claire this was originally posted by Rex-Mundi in response to another person who was having his claim thrown out as the Particulars of claim wasn't satisfactory for the court..............


Go into your local county court ASAP. Ask them for form N244. You need to fill this in (and pay a non refundable £35 to submit this).

Here is a guideline for filling out the form......................

Top left hand box:

1. Tick c), without a hearing

Leave the rest blank

Part A:

I ***** (the claimant)

(that....) allows an amendment to the above claim in respect of the claim particulars

(because....) the claimant did not adequately particularise his claim in that he did not specify the common law and statutory provisions upon which the claim relies.

Part B:

tick 'evidance in part C' box

Part C:

Something like;

I respectfully request that the court allows an amendment to my particulars of claim. I understand that my original particulars of claim was lacking in detail, and I would like to submit a more detailed version relevant to my claim.

Please find attached to this application my proposed new particulars of claim, as well as a schedule of the amount claimed in respect of penalty charges levied by the defendant.
.................................................. ...........................................
Along with this form, you need to attach this new particulars of claim (edit the parts in bold)...........



IN THE YOUR LOCAL COUNTY COURT

BETWEEN

YOUR NAME CLAIMANT

And

YOUR BANKS NAME DEFENDANT

PARTICULARS OF CLAIM

1. The Claimant has an account (ACCOUNT NUMBER) with the Defendant which was opened on or around (DATE)

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations 1999. para. 8 and sch. 2(1)(e), the Unfair Contract Terms Act 1977 s.4 and the common law. Further or alternatively, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £(AMOUNT) and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

I believe that the contents of these particulars of claim are true

Signed: Date:
.................................................. ....................................

Also attach a copy of the list of charges and interest you are claiming for.

Get this to court ASAP. Once this has been accepted by the court, send a copy of the particulars of claim along with a list of charges to the banks solicitors.

Good luck

Everything in BOLD needs to be changed to your details

claire74_2

Thanks so much i really apreciate that x

chuckles1066

claire74 wrote: »

Ive just got a lettercfrom the court this morning saying

The Particulars of Claim are struck out as disclosing no resonable grounds for bringing the claim

3. The claimant must file at court and serve on ever5y other party a further statement of case by 4pm on the 11th april. this must set out a coherent set off facts, which if true, disclose a legally recongnisable claim agaiast the defendant.

4. if the claimant fails to comply with paragraph 3 of this order, the claim stands struck out without further order of the court and the defendant is entitled to appy for jugement pursuant to CPR 3.5

5. the claimant must apply bby 4pm on 11th april


CAN ANYONE PLEASE HELP I DONT KNOW WHAT TO WRITE? HAS ANYONE ANY TEMPALTE THEY COULD EMAIL ME..?

THANKS XX

I have no wish to appear condescending but if you're struggling at this point, then you will lose when you appear before a District Judge and an experienced Defence Solicitor.

I strongly recommend that you either abandon your cause now or employ a solicitor to assess the merits of your case.

LaineyH

chuckles1066 wrote: »

I have no wish to appear condescending but if you're struggling at this point, then you will lose when you appear before a District Judge and an experienced Defence Solicitor.

I strongly recommend that you either abandon your cause now or employ a solicitor to assess the merits of your case.

Do you work for a Bank ????????? trying to scare people into giving up their claims is not what this forum is all about.

And condescending is exactly how you appear.

chuckles1066

LaineyH wrote: »

Do you work for a Bank ????????? trying to scare people into giving up their claims is not what this forum is all about.

And condescending is exactly how you appear.

No I don't work for a bank.

But neither have I embarked upon legal action against a major corporate organisation relying solely upon a template that appears on a website. Just fill this form in and the pounds will come rolling in...........er, it doesn't quite work like that I'm afraid.

I've appeared in the Small Claims Track of the County Court as a Litigant In Person and won. Comfortably.

So I know the tricks that Defence Solicitors WILL use.

The "strike the Defence out" is a standard get-out-of-jail card that they use against Claims issued through MCOL because they know that (a) you're limited to the number of words that can be used in a Particulars Of Claim and (b) they know that most people using MCOL have no legal background.

My advice was well-intended; it's upto the poster concerned whether they use it or ignore it.

But phrases such as "CAN ANYONE PLEASE HELP I DONT KNOW WHAT TO WRITE? HAS ANYONE ANY TEMPALTE THEY COULD EMAIL ME..?" make me think they might just struggle on D-Day.

LaineyH

As you have such a rich background in the small claims court and an obviously educated one, I am astounded that you didn't tell claire to go and do her homework, arm herself with knowledge, read all the threads, and empower herself.

What you chose to do was tell her basically as she is struggling..she will lose...the implication being she is thick.

And gave her the options of giving up or spending more money on a solicitor.

This forum is here to help the majority of people, of all different levels of understanding, if everyone who answered gave smart mouthed responses no one would get very far.

chuckles1066

LaineyH wrote: »

As you have such a rich background in the small claims court and an obviously educated one, I am astounded that you didn't tell claire to go and do her homework, arm herself with knowledge, read all the threads, and empower herself.

What you chose to do was tell her basically as she is struggling..she will lose...the implication being she is thick.

And gave her the options of giving up or spending more money on a solicitor.

This forum is here to help the majority of people, of all different levels of understanding, if everyone who answered gave smart mouthed responses no one would get very far.

You're missing the point; if successfully suing a company was as easy as completing a template on a website, sending it off and sitting back and waiting for the money to roll in, we'd all be very rich and most companies in the UK would be bankrupt.

There was no implication that the OP was "thick"; you used that word, not me.

I would rather that the OP had, before embarking upon legal action "do(ne) her homework, arm(ed) herself with knowledge, read all the threads, and empower(ed) herself".

Please try to keep up.