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Particulars of Claim??? case is going to be struck out.! HELP!!!
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Hi Tozer,
I was hoping you might be able to advise me on something - we put our claim in on Tuesday, and the bank has until the 30th April to respond. we are going on holiday on the 7th May for two weeks, and in light of all the requests to strike out claims, we thought it might be prudent for us to resubmit particulars of claim in advance - do you think this is a measure we need to take? Or would we be penalised if we submitted them before they were requested? Also, does the request for strike out happen after the claim is transferred?
This is what we put originally...
1. Between 01/07/2003 and 02/01/2007 the
Defendant debited numerous charges from the
Claimant?s account.
2. The charges are an unfair penalty under
the Unfair Terms in Consumer Contracts
Regulations 1999, because they are a
disproportionately high sum in compensation
compared to the cost of the purported
breach.
3. Under the law of penalties, the charges
are an unlawful ?extravagant? penalty.
4. Under the County Courts Act, the
claimant is entitled to interest of 8% per
annum from the date they were deprived of
the money. This totals £323.22, accruing at
the daily rate of 0.021% until judgment or
payment.
5. The Claimant asks the court to enter
judgment in their favour for £1575 plus
interest, totaling £1898.22
As this seems quite different from what other people have put, I'm really worried that we will get back from hols and find out that we have a day to file new PoC!0 -
Certainly wouldn't do any harm to submit a revised Particulars of Claim. It may be prudent if you send them to the other side and voluntarily give them an extra 14 days to consider. That way you are demonstrating that you are acting reasonably.0
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Thanks!
I was going to use the same wording set out at the start of this thread by Claire - will this be comprehensive enough?
In that case, would I need to wait for the letter from the bank/court stating the banks solicitors address, and do the courts also need a copy?
And am I right in thinking that I only need to send the list of charges and interest and not the actual bank statements at this point?
Many Thanks!0 -
Yes, its a good Particulars. Just attach a schedule of charges. Court won't give a monkeys about the statements and will only lose them.0
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Thanks - you've been a great help!0
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Hello,
Have been through all the channels, 2 letters, MCOL and then the transfer to local court. Have received a letter today.
Before DISTRICT JUDGE ******** sitting at ******* County Court...address blah blah blah.
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 have it set aside, varied or stayed within 7 days of receiving it.
IT IS ORDERED THAT
the claim is stayed until the claimant has filed and served fully particularised particulars of claim. If no application to the lift the stay is made before 31st May 2007 then the claim shall stand struck out.
Dated 10th April 2007.
A few questions. What do I do?
How the hell is the common man meant to understand all that?
What type of English is "particularised particulars"?
A bit tongue in cheek but on a serious note. Someone please helpHelping the country to sleep better....ZZZzzzzzzz0 -
0
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Many ThanksHelping the country to sleep better....ZZZzzzzzzz0
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Have had letter back from courts but don't understand it.
It states the following .
1. Unless the claiment delivers full particulars of claim including the legal basis upon which her claim is made by 4pm on 25th April 2007, the claim shall be struck out.
2. Upon compliance with paragraph 1 each party shall make standard disclousure by list by 9th May2007
SO I HAVE GOT A TEMPLATE LETTER AS FOLLOWS:
Between the dates of ????? and ????? the Defendant applied default charges to the Claimant’s bank account.
The charges applied constitute an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state:” A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation”.
The amount charged does not reflect the cost of the breach. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty.
Referring to the case of 1896, Wilson v Love, a charge is a penalty if it does not reflect an item’s true cost. Under the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date they were first deprived of the money to the date of this claim.
This amounts to a total sum of £ ? continuing to accrue at the statutory daily rate of 0.021% until judgment. The Claimant asks the court to enter judgment in their favour for the sum of £ ? plus interest, amounting to a total of £1 ?
AND HAVE ENCLOSED DATES OF ALL CHARGES AND INTEREST + MCOL AND COURT FEES SHOULD I ADD ANYTHING ELSE?????0 -
Technically, the point in Wilson v Love and all other cases are that the charge is not a genuine pre-estimate of the loss likely to be suffered in the event of a breach.0
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