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

d13design

Hi there,

The saga of claiming our charges back continues and we've now received the following letter from our local county court:

Upon referral to the district judge for case management

IT IS ORDERED THAT

1. On or before 3.00pm on 11 May 2007 the Claimant do file and serve on the Defendant full details of the following:

What charges were levied by Defendant on the accounts?
Why are they alleged to be excessive?
What Claimant contends a fair charge would have been?
How that fair charge is calculated?

2. In default, this claim will be struck out.

3. On compliance, allocation questionnaires to be sent out to both parties.

This, mostly, makes sense and I'm now able to send them an itemised list of all charges made but I was wondering if there are any standard responses for the other questions they have asked us?

Apologies if this has already been asked - I had a quick search but couldn't track anything down.

As you can see, I only have until the 11th May to do this so any advice is greatly appreciated.

Thanks,

Dave.

einyuk

hi dave

it looks like your "particulars of claim" section wasn't detailed properly.........should look like this

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

did you send your charges sheet off to the court and the bank...........also i said in my particulars that i thought that £2.50 would be a fair charge............upto the banks to prove it isn't.

hope it helps

d13design

thanks for that. I've now gathered together all my statements and have compiled a spreadsheet detailing all charges.

I also believe that I need to hand a copy of all of this to my local county court as well as sending it to my banks solicitor.

I too think this is down to a badly worded "particulars of claim" section - any advice on what I should put into the accompanying letter? should I just use a good "particulars of claim" template?

Any help is greatly appreciated as my deadline is drawing near!

Also, following bad advice, we filed our claim with an estimated amount which is more than the true amount - any tips for explaining this in the letter? apart from being apologetic and clear about the actual charge amount.

Thanks,

Dave.

einyuk

d13design wrote: »

Hi there,

The saga of claiming our charges back continues and we've now received the following letter from our local county court:

Upon referral to the district judge for case management

IT IS ORDERED THAT

1. On or before 3.00pm on 11 May 2007 the Claimant do file and serve on the Defendant full details of the following:

What charges were levied by Defendant on the accounts?
your detailed charges sheet, description of charge, date and amount
Why are they alleged to be excessive?

i would use the particulars section below...

The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.



What Claimant contends a fair charge would have been?
maybe judge is asking you how much you think a charge should be?.....i've done mine at £2.50 as a fair charge as no bank as answered to a court as to what detailed costs are.(banks to prove otherwise)
How that fair charge is calculated?

calculated on the basis that it is an purely automated proccess....print, stamp an stationary.

2. In default, this claim will be struck out.

3. On compliance, allocation questionnaires to be sent out to both parties.

This, mostly, makes sense and I'm now able to send them an itemised list of all charges made but I was wondering if there are any standard responses for the other questions they have asked us?

Apologies if this has already been asked - I had a quick search but couldn't track anything down.

As you can see, I only have until the 11th May to do this so any advice is greatly appreciated.

Thanks,

Dave.

hope that helps somewhat...........maybe someone else can add to.

good luck

d13design

No, that sounds great - if no-one else has any suggestions I'll give that a try.

Thanks so much for taking the time to offer me advice.

All the best,

Dave.

Mice_Elf

Have just received the defence from Lloyds regarding our claim and I'd like a bit of advice, please...

Their defence is :

1. This defence is served without prejudice to the Defendant's contention that the Particulars of the Claim is insufficiently particularised and is embarrassing. The Defendant reserves the right to plead further to the Particulars of this Claim once they are sufficiently particularised.

2. The Defendant will object that the Particulars of Claim in this action disclose no reasonable cause of action against the Defendant and makes no specific allegations against the Defendant as to why the Defendant should be liable to the Claimant for the amount claimed.

3.The Particulars of the Claim do no comply with Rule 16.4 1(a) of the Civil Procedure Rules as (amongst other things) they do not identify the account in question that appears to form the subject matter of these proceedings, or indeed show how the sum of £x is arrived at, and there is no pleaded basis in law and fact for the claim itself, the Particulars of the claim are too vague.

4. The Particulars of the Claim show no reasonable grounds for bringing the claim and shoud be struck pursuant to Rule 3.4 2(a-c) of the Civil Procedure Rules.


What do I do now? I followed the advice on this forum and all the letters sent had our name, address, sort code, account number and all claim particulars on them, so I'm not sure what they mean when they say it doesn't identify the account in question, as it most certainly did.

What's my next course of action, please?

almond

wish I could help but I am sure if you read the lloyds thread you will find the same reply you received
Particulars of the Claim is insufficiently particularised and is embarrassing
have seen this before somewhere

almond

HI
knew I had seen it somewhere
http://forums.moneysavingexpert.com/showthread.html?t=303917&page=105
post 2095
have a look around that area
good luck

Stephen_Leak

The typical "Jarndyce and Jarndyce" legal gobbledegook we seem to be getting from the banks' and credit card companies' solicitors these days.

I am fully expecting MINT's mob to request dismissal of my case, because I can't have provided sufficient information about the charges because I didn't requested copy statements. I didn't need to - I already have all the originals they have sent me over the past 6 years!

jen1972_2

Lloyds defence is about as standard as their letters so don't panic. Ihad same defence 6 weeks ago and am awaiting court date but decided to get 1 step ahead and sent court bundle to court before it went to the judge, so heres hope it'll soon be happy days