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

marky_boy_uk

Hiya, excellent thread. Anyway to get a concise 'idiots guide' all in one place?
Barclays have contested my claim and have until June 2nd to reply.
Looks like I'll be going to court then.
Handy to have all this useful informaiton in one place.

deb5376

Can anyone help, I received the following letter from Cobbetts. What is my next move? I have already sent the breakdown of my claim to Natwest and it was also filed with my MCOL claim. Has anyone else recived this?
Any help would be greatly appreciated.

1. this defence is filed and served without prejudice to the right of the
defendant to apply for summary judgment in respect of and/or to strike
out the particulars of claim.
2. the defendant is embarrassed by the lack of particularity pleadedin the
particulars of the claim to the extent that the particulars of claim fail
to disclose reasonable grounds for bringing a claim against the
defendant. in particular tha particulars of claim do not disclose any
legally recognisable claim against the defendant.
3. the defendant invites the claimant to remedy the above. in the
event that the claimant fails to do so within 14 days of the service
of the defence then the defendant will apply to the court for an
oreder striking out the particulars of claim.
4. the defendant reserves the right to plead to the paticulars of claim
once and if the claimant properly particularises the same. in the
meantime, it is denied that the claimant is entitled to the relief
claimed or any relief wether as pleaded or at all.

Stephen_Leak

Typical Cobbetts "bully boy" tactics. However, it would help if you could post the text of your Particulars of Claim, so we can see what they are grizzling about.

deb5376

Hi thankyou.
Sorry for my ignorance, would you like me to post a list of all the charges im claiming?

Many Thanks

Edinburghlass_2

deb5376 wrote: »

Hi thankyou.
Sorry for my ignorance, would you like me to post a list of all the charges im claiming?

Many Thanks

Have a read of these previous posts, you need to send the "long version" of your POC, Particulars of Claim which you'll find in the Reclaim Help Thread.

tillyfloss06

am panicking - can anyone help me i issued proceedings again Natwe** they in the 11th hour issued and acknowledgement and then again 11th hour a defence the case was transferred to the local county court and the judge has struck out my particulars of claim and has said i have to file a statement of case - i have no idea what this is what to write am panicking think i shoudl never have started this its a nightmare

i am so worried about going up against them and getting it wrong.

can anyone help me

tillyfloss06

anyone??? please please please

Edinburghlass_2

Have a read of these previous posts, they should help.

Stephen_Leak

tillyfloss06 wrote: »

am panicking - can anyone help me i issued proceedings again Natwe** they in the 11th hour issued and acknowledgement and then again 11th hour a defence the case was transferred to the local county court and the judge has struck out my particulars of claim and has said i have to file a statement of case - i have no idea what this is what to write am panicking think i shoudl never have started this its a nightmare

i am so worried about going up against them and getting it wrong.

can anyone help me

Firstly, don't panic! Whilst all of our legal eagles seem to be roosting at the moment (although we do have a somewhat nocturnal one - a legal eagle owl?), one of them will find this post and be able to help and advise you.

Kurt_Hamster

tillyfloss06 wrote: »

am panicking - can anyone help me i issued proceedings again Natwe** they in the 11th hour issued and acknowledgement and then again 11th hour a defence the case was transferred to the local county court and the judge has struck out my particulars of claim and has said i have to file a statement of case - i have no idea what this is what to write am panicking think i shoudl never have started this its a nightmare

i am so worried about going up against them and getting it wrong.

can anyone help me

A statement of case is just a document stating in detail the reason for your claim, the laws on which you are basing them and anything else you can think of (from a legal standpoint) that persuades the judge that you have a case.