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Particulars of Claim??? case is going to be struck out.! HELP!!!
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Hi,
I'm claiming back £800 from HSBC. I went through the MoneyClaim process, and the bank defended it. I sent back the allocation questionnaire to my local county court and now I have had a letter from the court. I filled in both the original moneyclaim form and the allocation questionniare using templates from this site.
The letter reads:
Before DISTRICT JUDGE FIELD sitting at Hitchin County Court 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 concise statement of the facts. (stylised particulars do not constitute compliance)
The claimant must ammend or substitute its particulars of claim setting out the Claimant's case in plain English by 4.00pm on 26th April 2007 and in default, the claim be struck out without further notice.
If the above order is complied with the defendant has permission to file and serve an ammended defence in accordance with CPR 16.5 setting out its case in plan english.
Does anyone have any idea what the hell this means or what it's asking me to do? I'm very confused and i havent got a clue what to do next. I thought following all the steps on this website would make for an easy claim like everyone else seems to be having!!!
Thanks0 -
dmcguire275 wrote: »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.
Hi,
I can't help but i have had the same letter today as the first one you got from the court, saying that i've made no serious attempt to comply with CPR 16.4(1) etc etc. What was it the court sent you when you rang them? From what i understand they want me to fill in the particulars of claim section again, but I did that the first time using the template from this website, and obviously they didn't think that was good enough so i don't know what to put in if i do it again!!
I've just posted a new thread about this, called 'letter from court after sending back allocation questionnaire'- or something along those lines, so maybe you might get some useful answers from there too!
I'd be grateful to hear what you've got to say about the first letter you got though! thanks!0 -
Oh heck.
There is one District Judge (I think the one mentioned) who is really difficult.
There is a high risk your claim will be struck out.
CPR 16.1
16.4 (1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;
(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);
(c) if the claimant is seeking aggravated damages or exemplary damages , a statement to that effect and his grounds for claiming them;
(d) if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and
(e) such other matters as may be set out in a practice direction.
I really have doubts that the standard PoC set out on this website are adequate and this confirms my thoughts. Can you cut and paste what you claimed and I will have a look.0 -
I have to say that I would warmly endorse the full PoC set out earlier in this thread. However, there will be additional fee charged which sadly you will not be able to claim.0
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Thanks for replying so quick, i've been sitting here panicking! I'm in my final year of uni and trying to do my dissertation which has to be in in 2 weeks, could really do without this distraction!!
The particulars of claim i put on the original form were:
The Claimant has an account 01828010 with
the Defendant, opened 02/09/2004. Since
14/07/2005 the Defendant debited charges and
interest in respect of purported breaches of
contract. Defendant is aware of all details
as a list of charges has already been
supplied. Claimant contends: The charges
exceed the Defendant's losses caused by the
breaches; The Term permitting the Defendant
to levy such charges is unenforceable under
the Unfair Terms in Consumer Contracts
Regulations 1999, Unfair Contract Terms Act
1977 and at Common Law. Claimant claims:
return of the amounts debited of £800;
Interest per S.69 County Courts Act 1984 of
8% - £44.25 continuing at 8% until judgment
or settlement at a daily rate of 0.021%;
Alternatively, if the charges are a fee for
a service, then they must be reasonable
under S.15 of the Supply of Goods and
Services Act 1982. Costs allowed by the court.
Also, since applying through moneyclaim i found out that the amount I had in the PoC above was wrong. The banks solicitor wrote and asked me for a breakdown of the charges and interest, and when i recalculated it it wasn't the same number! The only thing i can think is that when i was using the interest calculator on here the first time i must have forgotten to press the 'add charge to list' button. It was £4 more...obviously i'm not going to claim for the extra £4 but do you think it matters? In the reply to the banks solicitor i just sent a break down of the new amount with no comment on the fact that it was different. I'm thinking that was a big mistake. I'm so annoyed with myself for making such a stupid mistake, i'm by no means thick so it's such a stupid thing to do!!!!!
I'm doing this on behalf of my brother (not that he knows anything about it....he's bad with money and he'd get ahead of himself at the thought of getting £800!!) and I paid the £80 court fee which i reeeeally couldn't afford so i hope it works out in the end or i'll be gutted! He's about to take his driving test and we were hoping to use the money we get back to buy him a cheap little car as a surprise!0 -
There is one District Judge (I think the one mentioned) who is really difficult.
Yes, it seems this judge is being particularly pedantic about the PoC from MCOL. If you file in person using the full PoC above it should be fine.
Not sure why they're being so picky, the same MCOL PoC has been used in thousands of claims. What the judge should be doing is striking out the defence as an abuse of process. This is on the basis that the bank has repeatedly defended and subsequently settled in every other claim of this nature they have been served with.0 -
OK, first thing don't panic - all is not lost! Have a crack at the Particulars of Claim which is earlier in this thread. If it helps, I can happily take a look over it once prepared and can recommend some tactical measures to get the bank to play ball.0
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Oh and don't worry about the £4 - we can put that right in the follow up PoC.0
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Thanks so much for your help! Are you sure the the £4 won't matter? I thought it might make the claim look at bit inconsistent to change the amount in the second PoC.
Worth paying the extra £35 to fill in the form then? You guys sound like you think I still have a chance despite my stupid mistake over the amount, which is re-assuring!
Tozer, thanks for offering to have a look at the new PoC for me, i'll definitely take you up on that when I get around to doing it!0 -
Hi they sent us a certificate which we had to fill in and then we sent that off with the copy of the particulars, and then they sent us the last letter which i posted already. sorry i cant be of any more help really. Although it is nice to know were not the only ones. When we do work out what to do ill be sure to let you know on this fourum.
thanks0
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