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

scotterillo

Ive just recieved the same letter myself this morning. Its a bit scarey isnt it. What its saying is that on your MCOL form we havent filled the section where it says 'particulars of claim' in correctly. On this website theres a template letter that needed to be pasted into the MCOL form that it seems neither of us did. Ive since read the wording of the official template letter and it words everything in a 'legal way'. Not sure how to proceed. I seem to remember someone else doin the same thing somewhere on the forum and they got paid out after the letter before it actually went to the courtroom stage. The only other way that i can see is to send another court request (another £120). If you hear anything please let me know. I wouldnt be too worried yet though.

princesskez26

scotterillo wrote: »

Ive just recieved the same letter myself this morning. Its a bit scarey isnt it. What its saying is that on your MCOL form we havent filled the section where it says 'particulars of claim' in correctly. On this website theres a template letter that needed to be pasted into the MCOL form that it seems neither of us did. Ive since read the wording of the official template letter and it words everything in a 'legal way'. Not sure how to proceed. I seem to remember someone else doin the same thing somewhere on the forum and they got paid out after the letter before it actually went to the courtroom stage. The only other way that i can see is to send another court request (another £120). If you hear anything please let me know. I wouldnt be too worried yet though.

If submitting the particulars of claim by post isn't sufficent you can amend MCOL claims although they do charge a fee of £35 for each amendment

Kez

divagirl_2

I too have had a similar letter, BOS put in a defence saying the particulars were embarrassing, and have give me 14 days to remedy the above or they will apply to the court for an order striking out the particulars of the claim. But get this although im taking action on BOS their solicitor has filed our client as being NATIONAL WESTMINSTER BANK ?? as the defendant!! now that is embarrassing as I've never had any dealings with this bank what so ever, i don't know if i should correct them or just leave it and hope i win as a fault of theirs, How bizzarre is that? I don't really know what to do next, any advice out there, I want to tell them how embarrassed i am about their poor mistake !!!!!

haleygrey

I had the same thing when i submitted my claim against Lloyds Bank. Its waiting to go to court on 12th July and Im waiting to hear about it. Havent heard anything so far, so I have a feeling that LLoyds are going to all the way. I didnt even ask for the full 6 years, only claimed for 5 years. Have also been charged monthly since i started the claim.

jonvic71 wrote: »

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...

claire252525

Hi,

I've had a letter from County Court and i'm not sure what to do about it...

'It is ordered that the claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts. (Stylised particulars do not constitute compliance.) The claimant must amend or substitute the particulars of the claim by setting out the case and by including details of the charges complained of, how they are calculated and in what circumstances they were incurred.'

On the original form i wrote exactly what Martin suggested. Has anyone else received this??

Help!!

Claire.

Edinburghlass_2

Have a read of the previous posts and send them off the "long version" of your Particulars of Claim (POC) which you'll find in the Reclaim Help Thread, link in my signature.

Also send them your spreadsheet/list of your charges giving the description, date taken and amounts.

scotterillo

What the letter says after the bit about being embarrassed about lack of particularities is - 3. The defendent invites the claimant to remedythe above. In the event that the claimant fails to do so within 14 days of the service of the defence then the defendent will apply to the court for an order striking out the particulars of claim. 4. The defendant reserves the right to plead further to the particulars 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 whether as pleaded or at all.
(reading through the lines, i think its saying i didnt paste the template letter into my MCOL form and i made the mistake of wording the claim myself) -The MCOL claim form cannot be altered now the bank have entered a defence. HELP!

Edinburghlass_2

What you need to do is send the "long version" of your Particulars of Claim (POC) which you'll find in the Reclaim Help Thread, linked in my signature.

At this time also send your spreadsheet/list of charges with the date the charge was taken, what type of charge it was and the amount.

Rex_Mundi

This is a standard response when the particulars of claim are lacking in detail, or not filled in.

This is easy to remedy........................................

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

lorraine028

Hi. I am new to the forum but followed all the sites advise to claim £2,680 from Lloyds who entered a defence today.
In my original claim, I listed each of the charges from my statements and despite them saying they didn't owe me it, they gave me a reference. I used this reference in the court papers rather than list each charge all over again.
In the defence, Lloyds have been very aggressive. I would be grateful for any advice as this is what they have put:
1. This defence is served without prejudice to the defendants contention that the particulars of the claim is insufficiently particularised and embarrassing. The defendant reserves the right to plead further to the particulars of the claim once they are sufficently particularised.
2. The defendant will object that the particulars of the claim in this action disclose no reasonable cause of action against the defendant and makes no specific allegations against the defendant as to why the defendant should be liable to the claimant for the amount claimed.
3. The particulars of the claim do not comply with rule 16.4 1a of the civil procedure rules as 'amongst other things' they do not indentify the account in question that appears to form the subject matter of these proceedings, or indeed show how the sum of £2.... is arrived at, and there is no pleaded basis in law and fact for the claim itself, the particulars of the claim are too vague.
4. The particulars of claim show no reasonable grounds for bringing the claim and should be struck out pursuant to rule 3.4 2a-c of the civil procedure rules.

( Phew ) Any ideas what i should do now ??
Thanks everyone