barclays and halifax court

womble123

I'm posting this on behalf of a friend who has just rung me in a bit of a state, having today received a letter from the court. It reads something like:

"It is ordered that the claimant provides no details and no basis for a claim. Why should the claimant be entitled to charges. The defendants say there is a contractural basis for their charges. The claimant must allege why this is correct"

I don't know the full history of what she has done but whilst i know she has disclosed copy statements etc and calculated the loss, but she has probably not pleaded the grounds.
Will she need to amend the court papers or will a letter to the court suffice? As i'm new around here is there a standard i can copy from or has someone had a similar situation?

I'm sorry for asking so many questions on my first post but i really want to try and help my friend and didn't really know where to turn as she can't really afford a solicitor..

Thanks again.

:beer:

princesskez26

womble123 wrote: »

I'm posting this on behalf of a friend who has just rung me in a bit of a state, having today received a letter from the court. It reads something like:

"It is ordered that the claimant provides no details and no basis for a claim. Why should the claimant be entitled to charges. The defendants say there is a contractural basis for their charges. The claimant must allege why this is correct"

I don't know the full history of what she has done but whilst i know she has disclosed copy statements etc and calculated the loss, but she has probably not pleaded the grounds.
Will she need to amend the court papers or will a letter to the court suffice? As i'm new around here is there a standard i can copy from or has someone had a similar situation?

I'm sorry for asking so many questions on my first post but i really want to try and help my friend and didn't really know where to turn as she can't really afford a solicitor..

Thanks again.

:beer:

I would submit the particulars of claim to the court, I guess she hasn't done this on the original claim form and thats why they are saying there is no basis for a claim. Here is the copy from the reclaiming charges help thread;

Particulars of claim (You are allowed 1080 characters on up to 24 lines.)

Edit the parts in bold to fit your claim.

The Claimant has an account XXXXXXXX (put your account number) with the Defendant, opened (DATE XX/XX/XXXX). Since (DATE XX/XX/XXXX) the Defendant debited charges and interest in respect of purported breaches of contract.Defendant is aware of all details as a list of charges has already been supplied. Claimant contends: The charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: return of the amounts debited of £XXXX; Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 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. Costs allowed by the Court.

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 of interest only) 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} To work out the daily interest. Multiply the amount of your claim (charges only, not including interest) by .00022

Does or will your claim include any issues under the Human Rights Act 1998? I guess the answer is no. This is correct

Do you want to reserve the right to claim interest? Yes?.......Correct

Amount claimed Put in the total of your charges including interest added.

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He/she should be able to submit this to the court to add to the claim

Kez

womble123

Cheers Kez

Do we need to just type this on plain A4 or is there a special form?

:beer:

princesskez26

womble123 wrote: »

Cheers Kez

Do we need to just type this on plain A4 or is there a special form?

:beer:

I would do as you said and copy and paste it onto a word document changing the details in the required places and submit it to the courts

There is no special form, i'd attach a copy of the letter received back from the court with it

Kez

womble123

Have now got a copy of the claim form and unfortunately all my friend has done is state the amount she's claiming plus interest and not given any grounds.
Resultantly Barclays have filed a defence asking that the claim do be struck out as an abuse of the process.

Can she therefore now amend and add to what she has previously said in line with the example quoted earlier in the thread?
Also does she have to prepare a full schedule with dates etc detailing exactly how the amount being claimed is calculated?

Sorry for being a bit daft but am new to this...

:rolleyes:

Edinburghlass_2

Use this post for what she should do next...

http://forums.moneysavingexpert.com/showpost.html?p=5556925&postcount=120

and yes she should have a spreadsheet/list of each individual charge with description and date taken.