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

loopy_laura

Thanks, thats really useful, and nice to know i'm not the only one! Did you have to pay a £35 fee for sending off a new set of the particulars of claim? I've heard there's a form I need to fill in to ammend my original set of particulars and that there's a non refundable £35 fee

Tozer

nickmack wrote: »

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.

Agreed - he is being pedantic. If it is the guy I've been in front of a few times, he is a pretty useless judge as well! I can probably be struck off for that!

Tozer

loopy_laura wrote: »

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!

Yes, just explain it away in a sentence in the PoC. Its a simple and honest mistake.

Being honest, I didn't actually think there was a fee to amend a PoC but I haven't had to do it for years.

dmcguire275

no all you have to do is not change any info to do with the claim, they tried with us but all we did was to send in the info required and that didnt qualify for a payment, we sent the particulars from this website. As long as you are not changing any info to do with the claim they shouldnt charge you.
(this is just from our experiance with the local court)

loopy_laura

It'd be nice if there wasn't a fee! I'll give the court a ring in a minute and double check, because i've got a feeling the posts above talking about a fee might be for re-submitting the whole form. I'll let you know how i get on, and thanks again! Oh and by the way, was your case at Hitchin court then?

Edinburghlass_2

dmcquire275, I've shifted your posts into this thread as its dealing with the same letter from the courts.

dmcguire275

yeah it is at hitchin.

Tozer would you be able to help me aswell please

scaredfranny

Hiya, can anyone help me please? Barclays have transfered my court case to the local county court and filed a defence. Basically they are claiming that I did not put down my bank account details on my moneyonline claim. they have filed a ten-point defence stating that I have not followed court procedures -not complied with CPR r16.2 and ask for the court to strike out my case pursuant to CPR r3.4. There's also the usual lines of me knowing the bank's terms and conditions etc. I have 12 days to respond.
Strangely the court has ordered that the filing of an allocation questionnaire be dispensed with. What do i do?
As I made my moneyclaim online, I did not send the bank statements to the court. At the time I made the claim, I had very little money so i limited the total amount to 5k so I could take it through the small claims route. Can I now claim the correct amount of interest? My charges amounted to £3915.00.
Any suggestions will be appreciated.

AndyLGR

In light of this and the seemingly limtied space on the MCOL form for the particulars of the claim, would it not be safer to file the court papers at the local court where you can file the particulars of claim in more detail?

Tozer

AndyLGR wrote: »

In light of this and the seemingly limtied space on the MCOL form for the particulars of the claim, would it not be safer to file the court papers at the local court where you can file the particulars of claim in more detail?

I would DEFINITELY! Clearly MCOL is getting overrun with these cases and has probably issued a directive to the local District Judges to treat them rigorously. There is a definite shift in attitude from the banks as well. They didn't use to attempt striking out actions.