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

Lottie's_Mum

Edinburghlass wrote: »

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.

I have been trying to get into Post 120 by Rex_Mundi but, try as I might, I cannot locate it. Can anyone give me a link directly to it please, or plain simple instructions on how to locate it? I have received a defence from bank's solicitors and need to know what to put as my response to their Request for Further Information and Clarification. THANK YOU!

Beate

It's the last post on page 6 of this thread!

Jodin

hi everyone.
I have just received this letter from my county court which is baffling me a bit because unlike the other letters on this thread it seems very brief and doesn't specify whether my claim is being struck out due to my particulars of claim (for which i haven't used the template from this site as i didnt realise there was one) and am basically wondering if i can still fill out either an N1 or N244 form to amend my particulars or if i need to ask for my case to be re-instated? I can't find much on the web as to what the rule means.

It is ordered that
1. Claim is struck out pursuant to CPR3.4(2)(a) as disclosing no reasonable cause of action.
2. Either party may apply to have this order set aside, varied or stayed, but such an application must be made within 7 days of receipt of the order by the party so applying.

Think i may have messed up.

Edinburghlass_2

Lottie's_Mum wrote: »

I have been trying to get into Post 120 by Rex_Mundi but, try as I might, I cannot locate it. Can anyone give me a link directly to it please, or plain simple instructions on how to locate it? I have received a defence from bank's solicitors and need to know what to put as my response to their Request for Further Information and Clarification. THANK YOU!

As its the solicitor asking for further information and not the court please read this thread...

http://forums.moneysavingexpert.com/showthread.html?t=391640

Jodin, did you put anything in as your Particulars of Claim?

lindsey_jane

Help got a letter this week from Bury County Court saying that the District judge had considered the case and ordered that.

1, The particulars of the 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 of service upon the defendant a statement of case setting out with the clatrity 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 togehter with the calculation of interest claimed in respect of each.

3, in default of compliance with paragraph 2 above the claim shatll stand struck out without further orfer of the court.

4, Because this Order has been made by the Court without considering representaions 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 deliver the application to the court (together with the appropriate fee) to arrive within seven days of service of this order.

I am trying to claim back charges from HSBC i have followed Martin's points and just wondered what to do next

HELP:mad: :mad: :mad: :mad:

Jodin

I did yes but honestly I had no idea what to write and think I probably didn't write enough and that is the problem. Is there anyway I can rectify this?

Edinburghlass_2

Get the form that Rex recommends in post 120, in fact get 3/4 and fill them in as he suggests then get one back to your court within the seven days. At the same time ask them about getting this order "set aside" I'm assuming that this will be the one that will stop the "strike out". Do this today/now!

nobblyned

lindsey_jane wrote: »

Help got a letter this week from Bury County Court saying that the District judge had considered the case and ordered that.

1, The particulars of the 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 of service upon the defendant a statement of case setting out with the clatrity 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 togehter with the calculation of interest claimed in respect of each.

3, in default of compliance with paragraph 2 above the claim shatll stand struck out without further orfer of the court.

4, Because this Order has been made by the Court without considering representaions 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 deliver the application to the court (together with the appropriate fee) to arrive within seven days of service of this order.

I am trying to claim back charges from HSBC i have followed Martin's points and just wondered what to do next

HELP:mad: :mad: :mad: :mad:

looks like they are after a list of each charge with date and the amount of additional interest you are claiming on each charge. did you not have to supply this originally?

Jodin

Thanks for the quick reply Edinburghlass I'm going to do it now.

Jodin

Edinburghlass wrote: »

Get the form that Rex recommends in post 120, in fact get 3/4 and fill them in as he suggests then get one back to your court within the seven days. At the same time ask them about getting this order "set aside" I'm assuming that this will be the one that will stop the "strike out". Do this today/now!

I have been to the county court and spoke to them about applying to have the claim "set aside" and amending my particulars of claim as you kindly suggested.

The lady there has given me an N244 form to fill out through which she claims I can apply for BOTH of these to be done. Although apparently in order to have my claim "set aside" I have to have a hearing, and the form costs 65 pounds?

So does this now change the way in which I must fill this form in, or is it really necessary for me to have a hearing to have the claim "set aside"?