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  • FIRST POST
    BrianPTS
    My claim has been struck out of Court - What do I do now?
    • #1
    • 3rd Jul 07, 10:08 AM
    My claim has been struck out of Court - What do I do now? 3rd Jul 07 at 10:08 AM
    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.
Page 1
  • Edinburghlass
    • #2
    • 3rd Jul 07, 10:16 AM
    • #2
    • 3rd Jul 07, 10:16 AM
    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".
    Last edited by Edinburghlass; 03-07-2007 at 10:51 AM.
    Martin has asked me to tell you that I'm the Board Guide of the Telephones, Reclaim Bank Charges, Silver Savers and Scotland boards which means I'm a volunteer to help the boards run smoothly and I can move and merge threads there. Pease remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com. Board guides don't deal with this. Any views are mine and not the official line of MoneySavingExpert.
  • mickle1
    • #3
    • 22nd Apr 11, 3:30 PM
    struck out
    • #3
    • 22nd Apr 11, 3:30 PM
    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
    • #4
    • 22nd Apr 11, 11:24 PM
    • #4
    • 22nd Apr 11, 11:24 PM
    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
    Originally posted by mickle1
    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.
    Best Regards

    zppp

  • Premier
    • #5
    • 23rd Apr 11, 9:34 AM
    • #5
    • 23rd Apr 11, 9:34 AM
    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
    Originally posted by mickle1
    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.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
    • podperson
    • By podperson 25th Apr 11, 9:55 AM
    • 3,061 Posts
    • 7,908 Thanks
    podperson
    • #6
    • 25th Apr 11, 9:55 AM
    • #6
    • 25th Apr 11, 9:55 AM
    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.
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