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

scotterillo

THank you Edinburghlass. Hopefully then, tomorrow when i take it into Sheffield Court they will be able to accept the amendment form there and then. If for whatever reason they wont, i can always post it recorded delivery then down to the Northampton Court but hopefully i wont need to. Thanks again.

scotterillo

*following on from above*
nb. I have prepared my brand new 'legal' particulars of claim and yet another list of charges to send in with my N244 also.(thank you REX_MUNDI) (your the man)(or woman?)

Biggies3

Hi! Can anybody offer advice on this one..it's similiar to the the Hull strike out letter (i think)..just received the papers this morning from Bury County Court that read..
"On Monday 25 June 2007 District Judge ........... ordered that:
1) The particulars of claim be struck out as disclosing no reasonable grounds for bringing the claim.
2) The claimant has permission not later than 16.00 on the ... July to file at court with a copy of service upon the defendant a statement of case setting out with the clarity required to prove the claim at trial each and every item which the claimant seeks to recover giving the date adn amount of each such sum together with the calculation of interest claimed in respect of each.
3) In default of compliance with paragraph 2 above the claim shall stand struck out without further order of the court.
4) Because this Order has been made by the Court without considering representations from the parties, the parties have the right to reply 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 the appropriate fee) to arrive within 7 days of service of this Order.

What do I do? How much is the 'appropriate fee'? I'm at my wits end over this and drowning in a sea of debt as we speak....any advice most welcome..Biggies3

Stephen_Leak

What did you put in your Particulars of Claim?

Biggies3

The Particulars of Claim were as per the template from this website..i've followed all templates from this website to the letter...Biggies3

Edinburghlass_2

Biggies3 wrote: »

Hi! Can anybody offer advice on this one..it's similiar to the the Hull strike out letter (i think)..just received the papers this morning from Bury County Court that read..
"On Monday 25 June 2007 District Judge ........... ordered that:
1) The particulars of claim be struck out as disclosing no reasonable grounds for bringing the claim.
2) The claimant has permission not later than 16.00 on the ... July to file at court with a copy of service upon the defendant a statement of case setting out with the clarity required to prove the claim at trial each and every item which the claimant seeks to recover giving the date adn amount of each such sum together with the calculation of interest claimed in respect of each.
3) In default of compliance with paragraph 2 above the claim shall stand struck out without further order of the court.
4) Because this Order has been made by the Court without considering representations from the parties, the parties have the right to reply 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 the appropriate fee) to arrive within 7 days of service of this Order.

What do I do? How much is the 'appropriate fee'? I'm at my wits end over this and drowning in a sea of debt as we speak....any advice most welcome..Biggies3

In fact the Hull letter quoted a reason as to why they were "striking out" and named a previous case involving Lloyds bank so it not quite the same.

Read post 120 by Rex_Mundi and follow his instructions.

justocker

Hi

I am in the process of re submitting my 'particulars of claim' to the court who said my previous ones did not comply.

I understand that to do this I need to complete an N244 or N1 form, both of which can be downloaded (look for links on this forum).

I also need to resubmit my bank statements and need advice... I requested details of charges from cahoot a while back now which they sent on unheaded paper in list format. I photocopied these and sent copies as part of my claim.

The last letter from court says 'copies of bank statements will not suffice', however I dont have the originals, just the undeaded ones just mentioned. Can anyone advise me on how to get round this if possible?

Thanks

J

lindsey_jane

I have been trying to reclaim bank charges from HSBC for some time following all the points that M[EMAIL="martin@s"]artin's[/EMAIL] web site. Yesterday I got this letter

District Judge considered the papers in the case and ordered that:

1, The particulars of claim be struck out as disclosing no reasonable grounds for bringing the claim.

2, The claimant has permission not later than 16.00 hours on the 20th July 2007 to file at court with a copy for service upon the defendant a statement of case setting out with the clarity required to prove the claim at trial each and every item which the claimant seeks to recover giving the date and amount of each such sum together with the calculation of interest claimed in respect of each.

3, In default of compliance with paragraph 2 above the claim shall stand struck out without further order of the court.

4, 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 appropriate fee) to arrive within seven days of service of this Order.

We are looking for advice as to what we do next.
:mad:

xlesleyann

What did you put in your particulars of claim? Did you use the POC from here?


Sounds like you just need to fill in your POC again and attach a spreadsheet listing all charges, date of charges and the interest.

Edinburghlass_2

lindsey_jane wrote: »

I have been trying to reclaim bank charges from HSBC for some time following all the points that Martin's web site. Yesterday I got this letter

District Judge considered the papers in the case and ordered that:

1, The particulars of claim be struck out as disclosing no reasonable grounds for bringing the claim.

2, The claimant has permission not later than 16.00 hours on the 20th July 2007 to file at court with a copy for service upon the defendant a statement of case setting out with the clarity required to prove the claim at trial each and every item which the claimant seeks to recover giving the date and amount of each such sum together with the calculation of interest claimed in respect of each.

3, In default of compliance with paragraph 2 above the claim shall stand struck out without further order of the court.

4, 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 appropriate fee) to arrive within seven days of service of this Order.

We are looking for advice as to what we do next.
:mad:

Follow post 120 above by Rex_Mundi.

justocker, all you can do is attach a letter to your list saying what you have said here.