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

Flossylil

Unhappy Help needed
Please help
Was sure i had done everything write put in claim with mcol (this is where i went wrong i think) Then when i received there defence last week got a bit worried by the wording
There Defence:
""1. The particulars of claim do not provide details of the account in question or the precise charges alleged to have been unlawful, or the date thereof. Furthermore they give no recognisable cause of action, nor is there sufficient material to enable barclays to serve more than a bare denial of liability as a defence. The statement of case would appear to be an abuse of process and or will obstruct the jst disposal of the proceedings and it does not appear to comply with cpr r16.2."

There are 6 other point they have added but i think they are the norm. Then today from my local court i got.

" General Form Of Judgment or Order" Which says" It is ordered that
1. The claim be stayed as it makes no serious attempt to comply with CPR16.4(1) by setting out a concise statement of the facts.(Stylised particulars do not constitute compliance. The claimant must amend or substitute its particulars of the claim settind out the claimants case in plain english by 8thMay 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 amended defence in accordance with CPR16.5 setting out it claim in plain English.
2. claimant shall pay allocation fee of £100.00 by 4pm on 1st May2007.

Have just spoken to court and have been told that i need to amend my claim and put in more detail. (they already have all this info on my previous letter so for them to say they dont know what im claiming is rubish they charged me!!) any way does anyone know how i do this and i need to put in a state ment of truth. What is this.


What have i done
what do i do now?????
Pleeease help

ptoric

hi , just had the county court papers sent to me and the bank (barclays)are defending the claims , stating that ive not entered what all(thats ALL) THE CLAIMED CHARGES ARE FOR
and stating ive been aware of what the terms and conditions were ie £25/30 for overdrawns etc
the bank has asked for the case to be dismissed as a misuse of the court system!!
have i done something wrong or are they just trying "get out " tactics?
HELP
THE BANKS FULL RESPONSE TO MY STANDARD COURT LETTER WAS :

1. THE PARTICULARS OF CLAIM DO NOT DETAILS OR PARTICULARS OF THE ACCOUNT IN QUESTION AND/OR THE PRECISE CHARGES ALLEGED TO HAVE BEEN UNLAWFUL, OR THE DATE THEREOF. FURTHER MORE, THEY GIVE NO RECOGNISABLE CAUSE OF ACTION, NOR IS THERE SUFFICIENT MATERAIL TO ENBALBE BARCLAYS TO SERVE MORE THAM A BARE DENIAL OF LIABILITY AS A DEFENCE. THE STATEMENT OF CASE WOULD APPEAR TO BE AN ABUSE OF PROCESS AND/OR WILL OBSTRUCT THE JUST DISPOSAL OF THE PROCEEDINGS AND IT DOES NOT APPEAR TO COMPLY WITH CPR R16.2.

2. THE DEFENDANT RESPECTFULLY REQUESTS AN ORDER THAT THE CLAIM BE STRUCK OUT PURSUANT TO CPR R3.4 AS IT DOES NOT DISCLOSE REASONABLE GROUNDS FOR BRINGING A CLAIM AND IS AN ABUSE OF THE COURT'S PROCESS.

3. IF AN ORDER TO STRIKE OUT IS NOT CONSIDERED TO BE APPROPRIATE, TO THE EXTENT IT IS ALLEGED THAT THE CLAIMANT INCURRED BANK CHARGES ON HIS ACCOUNT FOR UNAUTHRISED BORROWINGS (WHETHER UNPAID FEES FOR RETURNED CHEQUES, "PAID REFERRAL FEES" OR ANY OTHERSUCH FEES), THE DEFENDANT PUTS THE CLAIMANT TO STRICT PROOF OF EACH CHARGE AND THE DATE THEREOF.

4. THE PARTICULARS OF CLAIM ARE SUMMARY IN NATURE. ACCORDINGLY, THIS DEFENCE IS SUMMARY IN NATURE AND THE DEFENDANT RESERVES THE RIGHT TO AMEND THIS STATEMENT OF CASE IN DUE COURSE.

5. THE DEFENDANT IS ENTITLED TO CHARGE THE CLAIMANT FOR UNAUTHORISED BORROWINGS BY REASON OF ITS STANDARD TERMS AND CONDITIONS. THE CLAIMANT ACCEPTED THE SAME WHEN THE ACCOUNT WAS OPENED, INCLUDING (IN PARTICULAR BUT WITHOUT LIMITATION) THE FOLLOWING TERMS AND CONDITIONS (WHICH ARE SUMMARISED):

A. THE DEFENDANT'S RIGHT TO CHARGE A "PAID REFERRAL FEE" WHERE THE DEFENDANT PAYS AN AMOUNT (EITHER BY COMPULSION OR ELECTION) WHICH CAUSES THE ACCOUNT TO BECOME OVERDRAWN-£30 PER ITEM (PREVIOUSLY £25).
B. THE DEFENDANT'S RIGHT TO CHARGE AN ADMINISTRATIVE FEE IF ANY CHEQUE, STANDING ORDER OR DIRECT DEBIT CANNOT BE PAID BECAUSE OF INSUFFICIENT CLEARED FUNDS IN THE ACCOUNT -£35 PER ITEM (PREVIOUSLY £30.
C. THE DEFENDANT'S ENTITLEMENTS, IF THE CLAIMANT BECOMES OVERDRAWN WITHOUT AN OVERDRAFT LIMIT, TO CHARGE INTEREST AT THE UNAUTHORISED BORROWING RATE ON THE EXCESS BALANCE.
6. THE DEFENDANT'S STANDARD TERMS AND CONDITIONS GIVE THE CLAIMANT A FAIR AND TRANSPARENT VIEW OF THOSE TERMS AND CHARGES APPLICABLE FOR UNAUTHORISED BORROWINGS (INCLUDING WHRE THE ACCOUNT IS OVERDRAWN WITHOUT AND OVERDRAFT LIMIT OR WHERE THE CLAIMANT EXCEEDS HIS AUTHORISED OVERDRAFT LIMIT).
7. IF AND TO THE EXTENT IT IS THE CLAIMANT'S CASE THAT THE FAILURE TO MAKE NECESSARY PAYMENTS AND/OR FAILURE TO REMAIN WITHIN AUTHORISED OVERDRAFT LIMIT AND/OR FAILURE TO ARRANGE AN AUTHORISED OVERDRAFT CONSTITUTED A BREACH OF THE TERMS APPLYING TO THE ACCOUNT AND THAT THE CONTRACTUAL ENTITLEMENT TO DEBIT CHARGES FROM THE CLAIMANT'S ACCOUNT CONSTITUTES A LIQUIDATED DAMAGE CLAUSE, THE SAME IS DENIED. THE CHARGES CONSTITUTES PAYMENTS THE CLAIMANT AGREED TO MAKE BY REASON OF THE TERMS AND CONDITIONS OF HIS ACCOUNT AND WERE CONSIDERATION FOR THE DEFENDANT ADVANCING CREDIT TO THE CLAIMANT, WHICH THE DEFENDANT WAS UNDER NO OBLIGATION TO ADVANCE. THE DEFENDANT WAS ENTITLED TO IMPOSE SUCH CHARGES AND INTEREST WHEN THE CLAIMANT INCURRED THE OVERDRAFT.
8. ACCORDINGLY, IT IS DENIED THAT THE LEGAL PRINCIPLES RELATING TO LIQUIDATED DAMAGES CLAUSES AND PENALTY CHARGES ARE RELEVANT OR APPLICABLE TO THE FACTS SET OUT ABOVE. FURTHER OR ALTERNATIVELY IT IS DENIED THAT ANT SUCH CHARGES CONSTITUTE UNLAWFUL PENALTY CHARGES OR ARE IN BREACH OF THE UNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999.
9. THEREFORE, IT IS DENIED THAT THE CHARGES WERE UNLAWFULLY DEBITED FROM THE ACCOUNT.
10. IF AND TO THE EXTENT THE CLAIMANT INCURRED CHARGES ON HIS ACCOUNT, THIS WAS CAUSED BY THE CLAIMANT HAVING GONE INTO OVERDRAFT WITHOUT HAVING AGREED WITH THE DEFENDANT AN AUTHORISED OVERDRAFT FACILITY OR TO INCREASE THE OVERDRAFT FACILITY AND/OR HIS FAILURE TO MAKE PAYMENTS TO BRING THE BALANCE OF THE ACCOUNT BACK INTO CREDIT.
11. IT IS AVERRED THAT THE SAID CHARGES AND INTERREST ARE AND REMAIN LAWFUL AND ENFORCEABLE AND THAT THE DEFENDANT WAS ENTITLED TO DEBIT THE SAME.
12. THE DEFENDANT DENIES THE IT IS LIABLE TO THE CLAIMANT FOR THE SUMS CLAIMED AND INTEREST, AS PLEADED OR AT ALL. IN THE ALTERNATIVE IF (WHICH IS DENIED) THE SAID CHARGES ARE UNENFORCEABLE AND CONSTITUTED A BREACH OF CONTRACT BY THE DEFENDANT, THOSE CHARGES WHICH WERE APPLIED TO THE ACCOUNT PRIOR TO 12 MARCH 2001 ARE NOT RECOVERABLE BECAUSE THEY ARE TIME BARRED UNDER THE TERMS OF THE LIMITATION ACT 1980 IN THAT MORE THAN SIX YEARS HAVE ELAPSED SINCE THE ACCRUAL OF THE CAUSE OF ACTION.
13. IN THE ALTERNATIVE, AND WITHOUT PREJUDICE TO MATTERS STATED ABOVE, IF (WHICH IS DENIED) THE SAID CHARGES AND INTEREST OR ANY PART THEREOF ARE UNLAWFUL OR UNENFORCEABLE AS ALLEGED BY THE CLAIMANT OR AT ALL, AND THE CHARGES WERE A CONSEQUENCE OF BREACH OF CONTRACT BY THE CLAIMANT, THE DEFENDANT HAS NONETHELESS SUFFERED LOSS AND DAMAGE AS A CONSEQUENCE OF SUCH BREACH OF THE CONTRACT IN ALLOWING THE ACCOUNT TO GO INTO UNAUTHORISED OVERDRAFT. ACCORDINGLY, IN THE EVENT THAT THE DEFENDANT IS UNABLE TO RELY ON ITS EXPRESS ENTITLMENT TO ENFORCE THE CHARGES AS SET OUT ABOVE, IT WILL SEEK TO RECOVER TO THE EXTENT NECESSARY SUCH LOSS AND DAMAGE AS IT ACTUALLY SUFFERED, WHICH WILL NOT NECESSARILY BE LIMITED TO THE VALUE OF THE SAID CHARGES, AND THE DEFENDANT SEEKS TO SET OFF SUCH SUMS AGAINST ANY LIABILITY OWED HEREUNDER TO THE CLAIMANT.
BARCLAYS BANK PLC


ANY HELP WILL BE GREATFULLY RECEIVED

THANKS RICHARD

burnham1

gosh..what a response...

I have just checked on line and Lloyds have entered a defence on my claim, so will I expect a similar letter of defence....

sorry I cant help or advise you but will let you know what response I get...

Sandra

skintfred

I live in N.Ireland--Just heard today that Bank of Ireland defended themselves in county (small claims) court and WON. Rumour was, that it said the terms and conditions were laid out and customer signed and accepted contract with them.

This sounds very much like what they said to you..I wonder is this setting a new tone.

I am helping my mum-Owed near £700 and bank of ireland offered £200'ish, this is their "final response" after them receiving imminent court action letter.
But i am getting her to file complaint to 'Financial Ombudsman Authority'(form downloadable from their site).

Just have to sit tight..............

rogan

hi
exactly the same letter sent to me. no court date although it has been transferred from northampton to newcastle. as far as ican tell it hasnt asked for it to be dismissed! does anybody know what the court charges are if we lose?anybody who has gone further than this -advise would be appreciated!!

missc_3

rogan wrote: »

hi
exactly the same letter sent to me. no court date although it has been transferred from northampton to newcastle. anybody who has gone further than this -advise would be appreciated!!

Hi Rogan - just a quick one - do you have a court date yet? just wondering on the time span from them entering a defence to getting a court date as my court would also be newcastle.

I'm just at stage where they have acknowledged and am expecting them putting in a defence.

know some places you have to wait several months for a court date and was wondering if newcastle was one of them

lewt

i got the same letter today thanks for posted this ...... i think it's plain to see that their trying to crawl out of it.... we all got the same letter....... they aint gnna meet us all in court are they?

i like they way they say we're abusing the court processs. we'll see who's abusing it when they don't turn up..

lewt

ps mine was from barclaycard.....

rogan

hi missc,
no date or questionnaire. i dont know what to do next!!! this is the first time ive ben in here as well so am not sure how to get around properly!!! the letter i received was exactly the same as the one stated and its getting a bit scary- i never wanted for it to go this far- other people i know got their money quite easily!! is you bank with barclays

lewt

anyone who has won had this letter?