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

Edinburghlass_2

Lorraine, do as suggested in the previous post by Rex_Mundi

lorraine028

Thank you, will do

Keefy51

Whilst waiting for my day in court I have just received a letter from my local county court stating that "...(my) 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 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...".

It goes on to say that I have until 4pm of the 12th July to comply or the claim will be struck out without further notice . I also have to pay £100 by the 5th.

Help please.

Edinburghlass_2

Have a read of the above post by Rex_Mundi, this should help. The £100 is further court costs if your claim is more than £1500 and quite normal, you will of course be able to claim this back.

scotterillo

Ive recieved back from Corbetts (Natwest solicitors) the defence form stating that they are embarrased by the lack of particularity in my MCOL form. Ive looked into it and having called into my local court, i have the N244 form. On another thread it briefly tells you how to fill this in but dosent cover all the questions asked on the form. Im sure others will require help on this one. The form asks-
1. How do you wish to have your application dealt with?
answer- (c) without a hearing. (as read on the other thread) but then it asks you to fill in questions 5 & 6.
5. Level of judge (I have no idea what to put to this) And
6. Parties to be served (again, not a clue)
The rest of the form seems fairly stright forward. I presume that your meant to also fill in the top right box which has the questions -In the (?), Claim no, warrant no,claimant,defendent,date.
Any help would be greatly appreciated. I messed up with the first MCOL form, so im wanting to get this one spot on. Thanks.

Edinburghlass_2

I think you'll find post 120 by Rex_Mundi is pretty detailed and it does say to leave the part after c) blank.

scotterillo

I have followed rex_mundi's template on amending my particulars of claim. And i am wondering which court to take it into. I have been dealing with my local Natwest bank in Sheffield. And i also picked up my N244 form from Sheffield courtrooms. But Corbetts solicitors are using Northampton county court. Can i take it into my local branch or do i have to catch the train right down to Northampton? Does anybody know?

einyuk

scotterillo wrote: »

I have followed rex_mundi's template on amending my particulars of claim. And i am wondering which court to take it into. I have been dealing with my local Natwest bank in Sheffield. And i also picked up my N244 form from Sheffield courtrooms. But Corbetts solicitors are using Northampton county court. Can i take it into my local branch or do i have to catch the train right down to Northampton? Does anybody know?

hi my claim is also with sheffield courts...........you filled your claim via the MCOL which is dealt with at northampton then all claims are transfered to the claimants local court.............so take your form to the sheffield court........all will be fine

good luck.

scotterillo

since i posted the above question, i spoke to a sort of friend who is a solicitor and she says that the defendant has the right to change courts. Not the claimant. So im posting my form off to the Northampton County Court tomorrow. But first, ive been advised by the same friend to take it down to the Sheffield court to have the amendment form checked through (apparantley they are really helpfull). I will definately let everyone know the outcome of this. This will hopefully be the final step in the marathon that its been for me against the Natwest bank getting my £4000 back. Fingers crossed.

Edinburghlass_2

All cases via MCOL start at Northampton as that is the nearest court to them. It is MCOL who then organise shifting it to your local court, not the bank.