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

jiddy

need help here guys!
Just received letter from court stating that i will be struck out unless i serve further particulars of claim, what do i do????

Edinburghlass_2

I'll just shift your post into a thread dealing with just this problem. Please follow post 120 by Rex_Mundi in the thread.

bluedawn

I successfully claimed back over 2000 from my joint account from Natwest.
However I am now claiming from my sole account, also Natwest.
Have sent the first letters..letter to ask for money,letter threatening court.
Have now started court proceedings at the cost of £120, so have now added interest to the original amount, so now claiming £3083.45.

I received a letter from the court can anyone decifer it for me please?

IT IS ORDERED THAT

1.The claim is stayed on the grounds that the claimant's statement of case discloses no causes of action against the defendant. Unless by 4pm on 31 July 2007 the claimant files with the court and serves a copy on the defendant(s) a further statement of case that discloses a cause of action against the defendant, the claim will stand struck out.

2. The claimant do file with the court further particulars of claim and do serve the defendant with the same by 31 July 2007 after which date teh file will be referred to the district judge for further directions. In failure thereof the claimant's claim will be struck out.

PLEASE CONFIRM IN WRITING THAT YOU HAVE SERVED THE FURTHER PARTICULARS OF CLAIM ON THE CLAIMANT OR THEIR REPRESENTATIVE.


Help!!??!!

Edinburghlass_2

You need to do as suggested in Rex_Mundi's post No.120 as above as you are the claimant. Send copies to the court and to the bank/solicitor and keep a copy for yourself.

oohtobeaterrier

just received this letter this morning

before district judge besford sitting at kinnston of hull combined court centre.

upon the courts own motion. the court has made this order of its own initiative without a hearing. if you object to the order, you must make an application to have it set aside.

it is ordered that
the paticulers of the claim are struck out as disclosing no reasonable grounds for bringing a claim
the claimant shall by 16.00 on 13/08/07 file and serve an amended particulars of claim setting out the basis of the claim and in particularproviding the following information:

a. a statement setting out particulars of the breach of contract and any explanation (if such breach is alleged). the statement shall exhibit a copy of the relevent bank terms.

b. a schedule showing how the amountg claimed has been calculated by reference to the indivdual item by discription, amount and date

c. in the event that the claiment is seeking to claim for charges that have accrued more than six years prior to the issue of the claim, to identify such sums and to file and serve brief reasons why such charges are being sought.

d. in the event that the claiment is seeking to claim reimbursement in respect of interest charged on any overdrawn amount, the claiment is to identify such sums an set out in brief the reasons why such charges are being sought.

if the claiment fails to comply with the above, the claim will be struck out without further order.
the defendent has leave to file anamended defence within 14 days of receipt of the ammended particulars of claim, if so advised.

upon compliance with the above, the matter is allocated to small claims.

the defendant shall 28 days following compliance with the above, file and serve a response (in so far as it not dealt within any amended defence), stating in respect of each item claimed:

a. wether the sum charged was a charge made pursuent to a contractual condition and if so to exhibit a copy of the contractual document relied upon and particulars as to how it was calculated.

b. whether such charge is accepted to be a penalty, or otherwise not recoverable and if not, why not

c. if it is alleged that the charges are a genuine pre-estimate of the defendants loss incurred, to file and serve all evidence to be relied upon at trial that such sum claim was a proper estimate of the loss and particulars of what the true cost of dealing with the matter was


if any of the partys fails to comply with the terms of this order, the court will at the directions hearing consider whether to strike out the claim or strike out the defence and enter judgment for the claiment.

the matter is listed for further special directions at 3.00pm on 10 september 2007 at hull combined court, when the court will further consider the matter and give such further directions as are necessary to enable the matter to proceed to trial

this order has been made by the court of its own motion.


i know its abit longwinded but wanted to type it out in full. any advice from anyone on what to do next.:money:

Edinburghlass_2

Its not as bad as it sounds, please follow Rex_Mundi's post no. 120 in this thread and get the form along with a detailed list of your charges, into the court as soon as possible. According to that make sure none of your charges are over the 6 year limit so that would be any in your claim that are 6 years before the date you started your claim via MCOL.

Get 3 copies of the form and keep one for the bank should you need it and keep one copy for yourself.

dragonslayer_2

Please can someone shed some light on what I am supposed to do next .
I am taking the Woolwich to court to reclaim approx £800 of charges on an closed account. I have sent my court bundle off but have recieved a letter from the court it reads as follows.....

"It is ordered that
The claimant must amend or substitue 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.

The claimant should note that sending copy correspondance and or copies of bank statements will not suffice. "

I havent sent any statements as I dont have any. What do I need to send them, I thought I given them all the info they needed.
I only have a few days until my case is struck out and Ive come so far I dont want the bank to win over my lack of knowledge , so if you know what I need to do please reply thanks

Edinburghlass_2

You need to send them the "long version" of the Particulars of Claim which you'll find in the last post in the Reclaim Help Thread, along with a detailed list of each and every charge, giving date, description and amount.

littlekelly

please help me lol,had this letter this morning.. upon the courts own motion.the court has made this order of its own intiative without a hearing.if you object to this order,you must make an application to have it set aside,varied or stayed within 7 days of recieving it. unless the claimant by august 15th 2007 files at court AND SERVES ON THE DEFENDANT futher written particulars of the claim specifying the name,account number and sorting code of the account referred to,and a list of all the charges complained of showing the date and amount of each one and tha stated reason for it,the claim shall stand struck out without further order.copies of statements may be provided,but they must be accompanied by a seperate list showing the charges in a convient form for use in court. please edinburghlass or any other monitors please help me!!!lol any help is good help thanks...xxxx

littlekelly

help anyone so so so so confused!!!!!