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

adekeene

I was only asked for further written particulars of the claim specifying the name, account number and sorting code of the account referred to. Not a detailed one.

Beate

Might be an idea to ring the court.

annie42

My son requested his statements and then sent them back to Barclays , not having made copies, claiming £2239. They made him an offer of £1145 so he filed a court claim. They have filed a defence saying "the particulars of the claim do not provide details or particulars of the account and/or the precise charges alleged to have been unlawful and don't enable Barclays to make a bare denial of liability". Is this an odd defence when they have made him an offer. They have requested the claim is struck out as "it does not disclose reasonable grounds for bringing a claim". Advice please on what to do? Although he has not got a copy of the list of charges they sent he has copies of his covering letter to them saying he was enclosing a note of the charges and the offer letter from them in reply.

Stokey125

annie42 wrote: »

My son requested his statements and then sent them back to Barclays , not having made copies, claiming £2239. They made him an offer of £1145 so he filed a court claim. They have filed a defence saying "the particulars of the claim do not provide details or particulars of the account and/or the precise charges alleged to have been unlawful and don't enable Barclays to make a bare denial of liability". Is this an odd defence when they have made him an offer. They have requested the claim is struck out as "it does not disclose reasonable grounds for bringing a claim". Advice please on what to do? Although he has not got a copy of the list of charges they sent he has copies of his covering letter to them saying he was enclosing a note of the charges and the offer letter from them in reply.

Get a copy of the decision in Terry v LloydsTSB from penaltycharges.co.uk who acted for Mr Terry. Then assuming that Barclays have made a formal application on the hearing of the application to strike out rely on the Terry case for the proposition that a claim for refund of bank charges is one known to law and also that the information that is alleged to be missing could be provided in response to a part 18 request.

annie42

Many thanks for the info. Barclays have formally filed a defence and and asked for the case to be struck out. Does my son have to do anything other than acquire the case info you recommended and wait until he hears from the court again or should he contact the court?

Stokey125

annie42 wrote: »

Many thanks for the info. Barclays have formally filed a defence and and asked for the case to be struck out. Does my son have to do anything other than acquire the case info you recommended and wait until he hears from the court again or should he contact the court?

No but he could if he wants amend his particulars to include the information that Barclays says is missing he will need permission to amend from the court he can ask for this without a hearing.

annie42

Unfortunately he did not make copies of the statements he returned to Barclays along with his claim letter. He is considering accepting the sum they offered which is approximately half of what he asked for. He has until 2nd September when the two month offer period ends. Even if he case is not struck off it may be stayed so it might be wise to accept? It's annoying though as Barclays are saying they do not have the information they need when they clearly received it. Many thanks for your help, it's much appreciated.

annie42

Barclays have applied to have my son's case struck out because they say they have not been provided with sufficient information yet they offered him half the amount he is claiming a few weeks ago. Rather contradictory behaviour!

Edinburghlass_2

If he is going to pursue the claim further then he needs to follow post no. 120 in this thread and send in a new POC. However, Barclays will more than likely put a stay on the case in which case their offer will no longer be available to your son and he will have to wait until the test case is over.

lynseyb_2

hi
i have read this thread and was wondering has any one had the judge throw the case out for "no resonble grounds for bringing the claim!)

barclays sent me a standard letter stating that they were putting a stay on it till the court case with the OFT was settled. we still hadnt heard from the court until today and they say they are striking it out!

what should i do i have the right to appeal ?

go on holiday in two days and i am panicking