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

einyuk

hi all

it seems the common problem here is that people have used the MCOL system which is very limited compared to the N1 form which allows you to add if you wish more details regarding your claim.........with the N1 form once filled in you can then check,check,check but with online system once sent you have no chance to ammend............i would strongley advise using the N1 form which can be download then copy and paste the details, alot of people have rushed to use the MCOL and since it can only contain a limited amount of characters you then have to shorten the particulars and that's where the problems arise

i've had no problems since and have received my defence from Shabbey Irrational (touch wood, swottin up on the AQ now;) )

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

PlasticRhino

Tozer wrote: »

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.

Hi Tozer, thanks for the support your providing to the layman. You don't know how much of a relief it is to hear advice from someone who knows what they're talking about. I just wanted to clarify some details with regards to the quoted text above.

1. I resubmit a revised PoC, then
2. I send a copy of the revised PoC to my bank framed in a letter explaining my actions.

I like the idea of sending this letter to the bank as it shows I'm open for dialogue and could leave the door open for them to consider a settlement offer.

Hey! It could happen!

PlasticRhino

LaineyH wrote: »

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £(AMOUNT) and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

Hi LaineyH,

Since my bank have offered me the full amount minus interest and my claim is based on the full amount with interest should I revise the points made in the PoC point 5a?

Kind regards.

AndyLGR

These are the particulars of claim advised on the CAG website. Obviously the N1 form allows more to be added. These are the ones I'll be using against Nationwide very soon.

PARTICULARS OF CLAIM

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:
a) 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.
b) 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.

5. Accordingly the Claimant claims:
a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;
b) Court costs;
c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

6. 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).

PlasticRhino

You can download the N244 form here:
http://www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do

Edinburghlass_2

PlasticRhino wrote: »

Hi LaineyH,

Since my bank have offered me the full amount minus interest and my claim is based on the full amount with interest should I revise the points made in the PoC point 5a?

Kind regards.

What reason are you giving the court for turning down the full offer of your charges and still proceeding on to take court action?

Edinburghlass_2

LaineyH wrote: »

Claire this was originally posted by Rex-Mundi in response to another person who was having his claim thrown out as the Particulars of claim wasn't satisfactory for the court..............


Go into your local county court ASAP. Ask them for form N244. You need to fill this in (and pay a non refundable £35 to submit this).

Here is a guideline for filling out the form......................

Top left hand box:

1. Tick c), without a hearing

Leave the rest blank

Part A:

I ***** (the claimant)

(that....) allows an amendment to the above claim in respect of the claim particulars

(because....) the claimant did not adequately particularise his claim in that he did not specify the common law and statutory provisions upon which the claim relies.

Part B:

tick 'evidance in part C' box

Part C:

Something like;

I respectfully request that the court allows an amendment to my particulars of claim. I understand that my original particulars of claim was lacking in detail, and I would like to submit a more detailed version relevant to my claim.

Please find attached to this application my proposed new particulars of claim, as well as a schedule of the amount claimed in respect of penalty charges levied by the defendant.
.................................................. ...........................................
Along with this form, you need to attach this new particulars of claim (edit the parts in bold)...........



IN THE YOUR LOCAL COUNTY COURT

BETWEEN

YOUR NAME CLAIMANT

And

YOUR BANKS NAME DEFENDANT

PARTICULARS OF CLAIM

1. The Claimant has an account (ACCOUNT NUMBER) with the Defendant which was opened on or around (DATE)

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) 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.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations 1999. para. 8 and sch. 2(1)(e), the Unfair Contract Terms Act 1977 s.4 and the common law. Further or alternatively, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £(AMOUNT) and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

I believe that the contents of these particulars of claim are true

Signed: Date:
.................................................. ....................................

Also attach a copy of the list of charges and interest you are claiming for.

Get this to court ASAP. Once this has been accepted by the court, send a copy of the particulars of claim along with a list of charges to the banks solicitors.

Good luck

Everything in BOLD needs to be changed to your details

......................

PlasticRhino

Edinburghlass wrote: »

What reason are you giving the court for turning down the full offer of your charges and still proceeding on to take court action?

Good point. I'm just pushing ahead with the case because I believe I am entitled to the interest which the banks have benefitted from.

Should I include a reason for turning down the offer in my PoC?

keltbrat

I have received a defence from the above. The wording is pretty hard to decipher as it is in legal speak so bear with me when I quote the following;

"Defence filed without prejudice.....

The Claimant proves the allegation that the Defendent (natwest) debited charges to the Claimant Bank Account, insofar as such charges were debited on a date or dates more than six years prior to the issue...

The defendent is embarrassed by the lack of particularity pleaded in the Particulars of claim to the extend that the Particulars of Claim fail to disclose reasonable grounds for bringing a claim against the Defendent.... In the even the claimant fails to do so within 14 days of the service of the Defence then the Defendent will apply to the court for an Order Striking out the Particulars Claim".

Can anyone advise whether they have received such a defence and what action was required? Did this level of defence create any problems in the process of settlement. Secondly I did not request a list of charges from Natwest but created my own list based on bank statements acquired over 10 years. Would this still be valid?

Please note that this was put into place after I declined natwest's offer of £1500, I calculated that they owe me £2500, and believe I should hold out for this.
Any thoughts on this would be much appreciated and thank you in advance.

Edinburghlass_2

Have a read of the previous posts although you might need to re-think the charges you have claimed from more than 6 years ago.