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

LaineyH

chuckles1066 wrote: »

You're missing the point; if successfully suing a company was as easy as completing a template on a website, sending it off and sitting back and waiting for the money to roll in, we'd all be very rich and most companies in the UK would be bankrupt.

There was no implication that the OP was "thick"; you used that word, not me.

I would rather that the OP had, before embarking upon legal action "do(ne) her homework, arm(ed) herself with knowledge, read all the threads, and empower(ed) herself".

Please try to keep up.

No point missed.

Unfortunately we are both in agreement that Reclaiming Bank Charges is not just completing a template on a website, however thankfully people have forums like this and CAG to ask for support and advice and receive it.

Lets hope Claire doesn't give up because of your advice.

Now bowing out of this pointless discussion which isn't actually helping anyone but thank you for the entertainment value.

chuckles1066

LaineyH wrote: »

No point missed.

Unfortunately we are both in agreement that Reclaiming Bank Charges is not just completing a template on a website, however thankfully people have forums like this and CAG to ask for support and advice and receive it.

Lets hope Claire doesn't give up because of your advice.

Now bowing out of this pointless discussion which isn't actually helping anyone but thank you for the entertainment value.

You're welcome. Amazing how a debate becomes "pointless" when you realise you're losing :beer:

I hope the OP seeks advice from a solicitor; if she really is entitled to the charges she is claiming, the legal advice she receives will undoubtedly place her in a better position than the one in which she currently finds herself.

And if she really is entitled to the said charges, I hope she wins.

esmerellda

Claire the advise you have been given regarding completing the N244 and submitting a N1 form with it is exactly correct. It doesnt mean you have done anything wrong and there are a lot of people who do use Moneyclaim come up against this. I always recommend using the N1 form and full particulars from the off, but appreciate this form seems more daunting to some. Also because the bank say they want it struck out doesnt mean it will happen.....and you should see the appalling particular of claims the banks submit when claiming against us for other things.

Keep at it, get those forms in, you will win.

If it goes to an amendment hearing please do not panic. PM me or post on here...its quite normal and the banks usually settle prior.

greengrocer

Don't really want to get involved in the rights and wrongs of the arguments here, except to say that when you say:

"You're missing the point; if successfully suing a company was as easy as completing a template on a website, sending it off and sitting back and waiting for the money to roll in, we'd all be very rich and most companies in the UK would be bankrupt."

...that this is exactly what has been happening for lots and lots of people. The reason it's working, of course, is because the banks will do almost anything to avoid having to go to court and risk being made to disclose their costs.

GG

BEPbob

Can anyone offer any advice please?

I've been pursuing Lloyds since January. I've completed my AQ as recommended. This morning I received a letter from the court saying that unless i provided extra information (no details as to what) they were going to strike out my claim.

What do I do? I've got no idea what I did wrong and am getting a little stressed with a sense of doom

BEPbob

Does anyone have any suggestions or experience?

dmcguire275

BEPbob wrote: »

Does anyone have any suggestions or experience?

I am having the same problem with Abbey. we contacted the court as they sent a letter requesting more information they asked us to send in certain particulars to which we did to the best of our knowledge, (this information was requested to be with them by 2nd April) which it was. we received another letter from the court on 26th March which we did not understand so we rang them to be told it had been struck off. What does that mean? noone not even the courts seem to know what we should do now.
why did they request information before 2nd April to strike it off on 26th March. HELP.

sjpsam

BEPbob wrote: »

Can anyone offer any advice please?

I've been pursuing Lloyds since January. I've completed my AQ as recommended. This morning I received a letter from the court saying that unless i provided extra information (no details as to what) they were going to strike out my claim.

What do I do? I've got no idea what I did wrong and am getting a little stressed with a sense of doom

I'd give the court a ring and ask them what inforamtion they are looking for from you and take it from there.

exoticplants

Hello there.
My court case has been ongoing for around 3 months now. This is what has happened so far:
1: Initiated court claim through MCO
2: Waited 14 days for reply from Lloyds, though they then finally filed an acknowledgement of service and were given a further 14 days to file a defence.
As soon as the 14 days were up, I applied for judgement by default, though this was rejected by the court. I later discovered this was because Lloyds had transferred to my local court.
3: Lloyds lawyers requested statements within 7 working days. These were sent by recorded mail, though somewhere along the lines these got lost in the post. (so they say).
4. A letter from the court came through stating Lloyds have requested for my case to be struck out, because they had not received my statements.
5. We contacted the court stating the statements were posted, though got lost in the post. They simply then told us to resend them to Lloyds lawyers.
6. Court requested for us to send details of the claim, explaining why we thought the charges were unlawful.

The latest now is the court have given me another two weeks to explain why exactly Lloyds bank charges are unlawful. They stated failure to state why would result in the claim being struck out. The amount in question I am claiming is £1300.00.

So my question is, has this scenario happened to anyone else? And secondly what exactly can I state to the court, proving that the bank charges are unlawful?

Thank you very much for your advice in advanced.

David Hamer

dmcguire275

Hi there this will be long winded but please bare with me.

On the 9th of jan 2007 i sent this letter.

I am writing to request that you repay all the default charges that have been applied to my account.!!I do not believe these charges reflect the true cost to Abby National plc of going into unauthorised overdraft.

The charges total £682.50, plus as I believe I have been unlawfully deprived of the money I have calculated £325.50 interest at the statutory rate, the amount the court will award.

I therefore ask that you repay me the full amount of £1008.00.! I have attached a full schedule of the charges and interest with this document.

I look forward for a full response to this letter within 14 days.

We then had no reply so i took it to court. I filled out the relevent info we returned the questionaire on the 29th jan 2007. Then on the 21st Feb it got transferred to my local court.

We then got sent a letter dated the 15th March saying that :-

IT IS ORDERED THAT

1 The claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a consise statement of the facts. (Stylised particulars do not constitute compliance.)

The claiment must amend or substitute its particulars of claim setting out the claiments case in plain english by 4.00pm on 2nd April 2007 and in default, the claim be struck out without further notice.

Dated the 13 march 2007.

So we phoned them and they sent me the relevant info to fill in to send off with the particulars which i got from the money saving website, which we sent in before the required date which you can see by the next letters date.

We then received this:-

IT IS ORDERED THAT:-

the document attatchedto the certificate of service not being an amended particulars of claim pursuant to the order of 13th march 207, the claiments time for complying with the order is not extended.

Dated 26th march 2007

I then phoned the court house and they had no idea at all at what was going on and what the letter meant or what to do next, they palmed me off with a couple of telphone numbers which i phoned and go no where so this is where im at now so i really would be greatful if someone had any suggestions please.
thanks for taking time out to read this post.