My claim has been struck out of Court - What do I do now?

BrianPTS · 3 July 2007 at 10:08AM

Hello All.

I have been in the process of following Martin's instructions to reclaim the charges over the last 6 years. The RBS appointed a solicitor to defend their case.

In a letter they stated the following:

"In your claim you state that the charges are: "an unfair penalty under the Unfair Terms in Consumer Contracts Regulation 1999".

And -

"Please specify all of the facts relied on by the Claimant in support of the contents in paragraph 3 (above), and in particular please identify the regulations of The Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations") relied upon by the Claimant in alleging that the contractual provision(s) refferred to are unenforceable.

At this point I sent all the other information that they asked for but not the above as I didn't know where to start.

I have now had a letter from the Court stating that the case has been "struck out" because the particulars of claim be struck out as disclosing no reasonable grounds for bringing this claim.

Any ideas?????????????????????????????

Martin - if you are reading this PLEASE HELP.

Thanks.

Edinburghlass_2 · 3 July 2007 at 10:16AM

You would be better putting up the exact wording of the letter from the court and if there have been previous letters from the court giving you and the bank time to submit something before the case is "set aside, varied or stayed".

mickle1 · 22 April 2011 at 3:30PM

i had a civil case against someone else but cos of lack of funds couldn't afford the listing fee and it was struck ouit, can i re-issue it if my situation improves thanks

zppp · 22 April 2011 at 11:24PM

mickle1 wrote: »

i had a civil case against someone else but cos of lack of funds couldn't afford the listing fee and it was struck ouit, can i re-issue it if my situation improves thanks

You should read the up to date reclaim guide, as this is a post from 2007, and things have changed completely over the past four years.

Premier_2 · 23 April 2011 at 9:34AM

mickle1 wrote: »

i had a civil case against someone else but cos of lack of funds couldn't afford the listing fee and it was struck out, can i re-issue it if my situation improves thanks

When a claim is struck out, it is essentially removed from the record (although this is done by marking the matter as struck out, so it will still be there)

You cannot usually re-instate a struck out matter (unless you act quickly and with good reason, e.g. the matter was struck out because the court claims you hadn't paid their fees on time & in full, when you could prove you had)

You will have lost any court fees you have already paid e.g. the filing fee.

I think you are able to issue a brand new summons at a later date over the same dispute if you decide to, as the matter was effectively struck from the record rather than judgement being awarded against you; this would be subject to the usual statute of limitations laws.

You say the claim was struck out as you couldn't afford the court fees? Small claims county court fees are relatively small, intentionally so, to allow justice to be done over small claims. If you really were not in a position to pay the court fees, I believe financial assistence may be available for the very needy.
I suggest you seek free, independent advice over the whole matter if you wish to pursue this. Start with the CAB who may be able to help directly, or will give you the names of local solicitors who offer a free 30 minute session to help you.

podperson · 25 April 2011 at 9:55AM

You can apply for help with your fees if you are on benefits or a low income, you can get a form from the courts website and send in with your papers. Be aware you need to send a new form for each fee.

cinereus · 6 April 2020 at 4:04PM

Premier_2 said:

mickle1 wrote: »

i had a civil case against someone else but cos of lack of funds couldn't afford the listing fee and it was struck out, can i re-issue it if my situation improves thanks

When a claim is struck out, it is essentially removed from the record (although this is done by marking the matter as struck out, so it will still be there)

You cannot usually re-instate a struck out matter (unless you act quickly and with good reason, e.g. the matter was struck out because the court claims you hadn't paid their fees on time & in full, when you could prove you had)

Is there any way at all to reinstate the case for simply not paying the fee?

I have plenty of covid-related mitigation but I'm uncertain as to whether this is sufficient.

[Deleted User] · 6 April 2020 at 4:12PM

cinereus said:

Premier_2 said:

Is there any way at all to reinstate the case for simply not paying the fee?

I have plenty of covid-related mitigation but I'm uncertain as to whether this is sufficient.

You do realise the post you are responding to was made in 2011?

This thread is from 2007 originally and pre-dates the 2009 High Court case over the fairness of Bank Charges which the banks won.

You haven't really taken a Bank to court over charges have you?

dunstonh · 6 April 2020 at 6:48PM

Batman and Robin HOLY THREAD RESURRECTION BATMAN image tagged in batman and robin made w Imgflip meme maker

2007 thread. Wow.

Is there any way at all to reinstate the case for simply not paying the fee?

You cannot go to courts on unfair bank charges any more.

I have plenty of covid-related mitigation but I'm uncertain as to whether this is sufficient.

How do you get around 2009 supreme court case?

My claim has been struck out of Court - What do I do now?

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