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

Edinburghlass_2

If you hang on a minute I'll pop you into the thread you need to read.

Edinburghlass_2

Right, you need to follow post 120 in this thread by Rex_Mundi here...

http://forums.moneysavingexpert.com/showpost.html?p=5556925&postcount=120

Which is a revised Particulars of Claim and you also need to send in your detailed list of charges giving date, amount and description of each charge.

Get 3 copies of the form Rex suggests and send one to the court, one to the bank and keep one for yourself.

haveadeal

I am only claiming £200 from Barclays but they want to defend (or so they say) This morning I have received a letter from the court saying that my claim makes no serious attempt to comply with CPR16.4(1) by setting out a concise statement of the facts. Now the only problem is that I ah about to go on holiday and the information needs to be with the court before I get back. I phoned the court and they said that I can fax a request for a delay and the judge may or may not accept it. Does anyone have any idea on what CPR16.4(1) needs and has anyone done or seen this before. So far I have used all of the templates from this site.

Please help...

Edinburghlass_2

You need to follow post 120 by Rex_Mundi in this thread and fill in the form he mentions. I have a feeling you can download this form from the HMCS website, if so you could fill it in and fax it before you go.

Marv_uk

Hi all,

I have received in today's post which i'm hoping you can hopefully help me with; a letter from my local county court which reads as follows: IT IS ORDERED THAT

The 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 ammend or substitute the particulars of 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 correspondence and/or copies of bank statements will not suffice.

The claimant has until 4pm on 7th August 2007 to comply with this order. In default the claim be struck out without further notice.

They have only given me 9 working days from today - for me to sort out a response as you can see from above. The problem is I don't know what or how to respond to this. Prior to starting this thread I looked through the AQ & stay section within the forum but it seems the threads etc relate to old ways of court procedures i.e AQ's & 1 month stay orders inconjunction with AQ's. My previous order from the court was to inform me an AQ is not necessary for my particular claim.

What I did do prior to receiving the above in today's mail was to write to the court manager with the draft order for directions letter along with the 'letter to court manager' covering letter. I thought that from that point it would be a case of waiting for the court date itself, & now this??

I'm truly flummoxed by today's letter & am wondering if any of you know what I have to do next. I did not use form N1 to file this claim I used the MCOL service instead (just to let you know). I have a planned short holiday abroad tomorrow for 5 days & am quite desperate for your kind help due to the very short time the court has given me to reply

Thank you very much in advance for any possible assistance.

marv

Edinburghlass_2

As my above post above yours Marv, you might be able to download the form, fill it in and fax off today!

Lyndahug2301

To say I'm panicing is a gross understatement & time is running out. I started my claim against Alliance & Leicester in May this year via HMCS MoneyClaim on Line & as I live in Scotland MoneyClaim advised I get a friend who lives in England to act as a poste restante for me which I did. I only found your site & PenaltyCharges.co.uk once I had received the Notice of Issue. Alliance & Leicester launched a defence so I filled in the Allocation Questionnaire & started to believe everything was going to turn out OK as Walsall County Court customer service said the case would probably have a date set sometime in Sept/Oct. Yesterday (25th) I received a letter from the Court (dated 17 July) forwarded by my friend which stated that 'the Judge ordered that the Particulars of Claim be struck out because they do not disclose any reasonable grounds for bringing the claim; they are an abuse of the court's process; do not contain the information required by Civil Procedure Rules 16.4. He instructed I must serve a further statement of case by 4pm this coming Monday (30 July).
When I phoned the Court the girl said that about 20% of the claims received are filled out incorrectly and that the Judge 'had given me a second bite at the cherry'.
Obviously I'm scared I foul up yet again & cannot afford to wave goodbye to the £4820 A&L owe me. Do I simply use the format of the paragraph that Martin has posted for filling in the Court Claim. I have sent copies of the charges, plus interest already. What is the etiquette & legal jargon for writing to the Court with the Judge's request?

Edinburghlass_2

If you hang on I'll pop your thread into one dealing with just this senario. You need to follow post no. 20 by Rex_Mundi and fill in the form he suggests and file with your local court.

I believe you can download this form from the HMCS website which should enable you to get it into the court by Monday.

Although your court may well suspend the case in view of todays announcement, make sure you do get it into the court in time.

stallen

Hello all,

I have an ongoing case against Barclays PLC, They decided to defend the calim and Iwas awaiting the court date. Then the test case was announced as going ahead on the 27 July!! I up to that point had received an offer which up to last Thursday still had a few weeks before the 2 month offer period was up.

Sooo, I decided that may be it would be better to accept the offer and sent the acceptance letter off accepting £1000 less than requested. On the Saturday I received a 'General Form of Judgement or Order' from court saying that ' 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 hav eit set aside, varied or stayed within 7 days of receiving it'

I have 4 days in which to submit evidence of my account, branch, and details of unlawful charges etc.

Now, I need some advice.

1) Does this more or less mean that if I submit the evidence the banks would more than likely not turn up and I would win the case.

2) Could I/ Should I write to the bank and recind the offer of acceptance or is it too late?

3) Should I send off the evidence to court anyway as the bank may not reply accepting the offer in time and I would therefore lose the case?

Any swift replies would be appreciated bearing in mind the time scales involved.


Thanks,


Stallen

JimFinDaveChip

I have recently received a letter from my local court about my bank charges claim. It is a "General form of judgement" from.................Hull County Court! District Judge Besford has struck out my claim as disclosing no reasonable grounds for bringing a claim. I now have till 17/8/07 to file and serve amended particulars of claim setting out the basis of the claim. The paragraph that worries me the one where they want me to provide the following information:-

"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 relevant bank terms."

The other three refer purely to the amounts involved and a question about the interest I am claiming.

Can anyone advise as to the next best course of action I should be taking please?