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

raychmike

Currently attempting to reclaim £3208.69 from lloyds tsb. We are currently at the stage where we have gone to small claims and lloyds have disputed all of the claim. Below is a draught of the letter recieved today.

Defence
1. This defence is served without prejudice to Defendant's contention that the particulars of the claim is unsufficiently particularised and is embarrasing. The defendant reserves the right to plead further to the particulars of the Claim once they are sufficiently particularised.
2. The Defendant will object that the particulars of Claim in this action disclose no reasonable cuase of action against the defendant and makes no specific allegationsagainst 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 thing's" they do not identify the account in question that appears to form the subject matter of these proceeding's or indeed show how the sum of £3208.69 is arrived at, and there is no pleaded basis in law and fact for the claim itself, the particulars of claim are to vague.
4. The particulars of claim shows no reasonable grounds for bringing the claim and should be struck out pursuant to rule 3.4 2a-c of the civil procedure rules.


My partner when claiming did not give the bank account number and the dates when the charges where accrued. Will this affect the claim or can these details be entered now as additional particulars of the claim. I know not what rule 16.4 1 a is and took a good few times to understand the particulars of this particular letter. In short are we elligible to claim if said particulars are sufficiently provided.
Thanks in advance

Edinburghlass_2

rachymike, you need to follow post 120 by Rex_Mundi and send the form into the court.

Edinburghlass_2

Jodin wrote: »

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"?

It sounds as if you just need to fill out the form and not worry about having the claim set aside in that case. Ask again when you take back the form would be my advice.

CLINTY7

<TABLE class=tborder id=post969513 cellSpacing=0 cellPadding=5 width="100%" align=center border=0><TBODY><TR vAlign=top><TD class=alt1 id=td_post_969513 style="BORDER-RIGHT: #d1d1e1 1px solid">Today I recieved the following judgement from the district judge. DOES ANYONE UNDERSTAND THIS?

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

2) The claimant has permission not later than.....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 date and amount of each such sum together with a calculation of interest claimed in respect of each.

3) In default of compliance with (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 appropriate fee) to arrive within seven days of service of this order
</TD></TR><TR><TD class=alt2 style="BORDER-RIGHT: #d1d1e1 1px solid; BORDER-TOP: #d1d1e1 0px solid; BORDER-LEFT: #d1d1e1 1px solid; BORDER-BOTTOM: #d1d1e1 1px solid"><SCRIPT type=text/javascript> vbrep_register("969513")</SCRIPT> </TD></TR></TBODY></TABLE>

KEVO.W

CAN ANYONE TELL ME IF I WILL STILL GET MY BANK CHARGES BACK BECAUSE MY CASE IS GOING TO THE DISTRICT JUDGE FIRST BECAUSE I OMITTED TO SEND THE APPROPRIATE TEMPLATE LETTER WHEN I TOOK YORKSHIRE BANK TO COURT,NOT ENOUGH WORDING TO ACCOMPANY CLAIM APPARANTLY THANKS ? K.WRIGHT.

natweststaffmember

Kevo, firstly please take caps lock off because on internet forums it is generally perceived as SHOUTING. You need to give us more information, what did you put on you Particulars of Claim(POC). You may need to amend it.

KEVO.W

sorry a bit glum at the moment didnt think.the 28 days is up and theyve taken it to the district judge bacause i just put unlawful bank charges on the claim form,they claim this is not enough information for the claim thanks. k.wright.

Edinburghlass_2

First of all is this the defence you have received from the bank?

Edinburghlass_2

KEVO, you need to read post 120 in this thread by Rex_Mundi and complete the form he suggests and send to MCOL and/or your local court, along with a list/spreadsheet detailing your charges, if your case has been shifted from Northampton.

This is your Particulars of Claim and is what should have been put in on the MCOL form rather than just unlawful bank charges. Do this straight away and you should be able to salvage your claim.

scotterillo

it sounds like a real 'chore' to do this, but its worth it. Ive just gone through all this with the N244 form thing and i am now fairly confident in recieving my cheque through the post soon. If you look through these pages and read everybody elses problems you will see, as i did, you are not on your own. And that its a common mistake to fill in the particulars of claim 'with your own wordings'. Good Luck