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

Penalty_charges

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

Hi
first of all it is important that you copy word for word what the order from the court said,
then you need to post word for word (not account details) what your POC said. with out this information it is impossible to advice you correctly.

coolcurly

I live nr bury in manchester and also i have had my claim struck out
the judge said
1)the particulars of claim be struck out as disclosing no real grounds for bringing the claim.

2)Because this order has been made by the court without considering representations from the parties,the parties have the right to apply to have the order set aside varied or stayed. A party wishing to make an application must send or deliver the application to the court(together with any any
appropiate fee ) to arrive within seven days of service of this order.
the first page said
Upon the courts own motion.The court has made this order of its own initiative without a hearing
I went 2 days ago and have applied to have it reinstated. i am very dissapointed at having paid the small claims court £120 and have not even had the chance to stand up in court and state the reasons for my claim

Edinburghlass_2

I've moved your post out of the Hull thread as those cases are different in that the Judge has given the reason for striking out the 20 cases, whereas in your case you are being given the chance to to have this set aside, varied or stayed.

Please have a read of the previous posts and let us know what reasons you have given for your case to be reinstated.

Mark_Hoad

If anyone can help will be much apreciated.. having sent initial threat of claiming i never recieved any response so went online to MCOL and filed a claim.. Through the post today i recieved a letter from Natwest solicitors stating

3. The defendant is embarrassed by the lack of particularity pleaded in the particulars of claim to the extent that the particulars of claim fail to disclose reasonablegrounds for bringing a claim against the Defendant. In particular the particulars of claim do not disclose any legally recognisable claim against the defendant.

4. 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 order striking out the particulars of claim.

Does anyone know how to procede with this and what i have to do. your help will be so apreciated .

Edinburghlass_2

In the Reclaim Help Thread which is linked in my signature, you'll find a "long version" of the POC which you need to send off along with another list of your charges, this will give more details than can be filled in using MCOL.

jonvic71

I SENT A COPY OF THE CHARGES WE WHERE CLAIMING FOR ON A PRINTED SHEET PLUS INTEREST AND A TOTAL TO THE BANK WITH MY LETTERS AND NOW ITS GOT TO COURT STAGE WE HAVE TODAY HAD THE LETTER FROM COURT GIVING US 14 DAYS TO FILE OUR DEFENCE BUT REALLY WORRIED AS THE BANK HAVE WROTE...THIS DEFENCE IS SERVED WITHOUT PREJUDICE TO THE DEFENDANTS CONTENTION THAT THE PARTICULARS OF CLAIM IS INSUFFICIENTLY PARTICULARISED AND EMBARASSING, THE DEFENDANT RESERVES THE RIGHT TO PLEAD FURTHER TO THE PARTICULARS OF CLAIM ONCE THEY ARE SUFFICIENTLY PARTICULARISED. THE PARTICULARS OF CLAIM TO NOT COMPLY WITH RULE 16.4 1a OF CIVIL PROCEDURERULES AMONGST OTHER THINGS.THE CLAIMANT SHOULD THEREFORE BE ORDERED TO FILE AND SERVE AN AMENDED CLAIM TO SET OUT THE FULL PARTICULARS OF BANK ACCOUNT AND CHARGES AND STATE WHY EACH CASE IS DISPROPORTIONATE PENALTY AND THUS UNLAWFUL...PLEASE CAN SOMEONE HELP WHAT SHOULD I DO AND AS ANYONE ELSE HAD A LETTER LIKE THIS...

scotterillo

Natwest help required URGENTLY!!!
Cobbetts have replied to my MCOL thing with a letter telling me that they are embarrassed by me not filling the form in correctly. Do i have to fill another court form in thus paying another £120? :question:

guardian2020

First i am no expert at all..but the way i would read that is..that the bank/building soc want you to explain each and every item on the default charges list and why you think they are unfair...but do not take my word for that as i say its the way i would read it...did you send a itemized list of all the default charges or just a claim for the whole lot plus interest..if you did the second maybe that they want the itemized list..dates amounts and what they were for..hope i help

just found this http://www.hrothgar.co.uk/YAWS/rules/part-16.htm#rule-16.4

princesskez26

scotterillo wrote: »

Natwest help required URGENTLY!!!
Cobbetts have replied to my MCOL thing with a letter telling me that they are embarrassed by me not filling the form in correctly. Do i have to fill another court form in thus paying another £120? :question:

No I presume its the 'particulars of claim' they are referring to ? What does it say to do on the letter they have sent you ?

Kez

princesskez26

Use this as your 'particulars of claim' as advised by Rex on the reclaiming charges help thread:

The Claimant has an account XXXXXXXX (put your account number)with the Defendant, opened DATE. Since DATE the Defendant debited charges and interest in respect of purported breaches of contract.Defendant is aware of all details as a list of charges has already been supplied. Claimant contends: The charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: return of the amounts debited of £XXXX; Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Costs allowed by the Court.