Thread: Action Struck Out as disclosing no cause of action

Hi
I have received a letter from the court stating, It is ordered that the action be struck out as disclosing no cause of action.

This is after a court date has been set for October & Barclays wrote to say that they will apply to the court for an order to stay my action.

Please advise.

Cheers
MrCad:idea:

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Hi Gizmo111
We had a letter yesterday,General form of judgement or order;
Before District judge Geddes sitting at Rawtenstall county court,1 Grange Street,Rawtenstall,Lancs
Any party affected by the tems of this order may apply to have it set aside or varied.

IT IS ORDERED THAT the action be struck out as disclosing no cause of action.

Court date was set for 30th October but Barclays wrote to say they were going to apply to the court for an order to stay the action due ot OFT legal proceedings.
Mrcad

You posted on 9th June a Notice of Transfer. Is this the only correspondence you've had since then?

What did you put for your Particulars of Claim at MCOL?

Hi Michael
The letter yesterday is the only correspondence apart from Barclays saying they will apply to stay action.
Claim at MCOL was for unlawful bank charges,overdraft fees & paid referrals.

The letter yesterday is the only correspondence

So how did you know you had a court date for October?

Claim at MCOL was for unlawful bank charges,overdraft fees & paid referrals.

Is this literally all you put as your POC's?

OOps,Notice of hearing letter arrived 3rd July.
POC to reclaim unlawful bank charges which have been taken over the past 6 years for overdraft fees & piad referrals.

OOps,Notice of hearing letter arrived 3rd July.

Can you post the exact wording of the Direction

POC to reclaim unlawful bank charges which have been taken over the past 6 years for overdraft fees & piad referrals.

This is why the claim has been struck out. The minimum POC's should have been this:
5. Money Claim On-Line (MCOL) Particulars of Claim

Take Notice that the hearing will take place on 30th October 2007 at 10.50am at Rawtenstall county court,1 Grange St,Rawtenstall,Lancs BB4 7RT
When you should attend
10 MINUTES have been allowed for the hearing.
Please note this may be released to another judge,possibly at a different court.
Can we re submit the POC? It appears we were rather hasty!

You will need to make an application using N244 to have the claim re-instated.

See here for guidance:
http://www.consumeractiongroup.co.uk...e-defence.html

For the POC's use these:
http://www.consumeractiongroup.co.uk...-barclays.html

Heres a guide for completion of the N244 -

Quote:
Top left hand box:

1. Tick c), without a hearing

Leave the rest blank

Part A:

I ***** (the claimant)

(that....) allows the claim to be re-instated


(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 my claim to be re-instated and that I be allowed to submit an amended particulars of claim.

(brief explaination of why the amendment is needed, etc......you could also mention that you are a litigant in person and unused to legal procedures etc.............)

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"

Hi Michael
Thanks for your help, went to court today for a hearing to reinstate the claim.Cost £65 but the judge agreed,he thinks the OFT case will influence when my case goes to court.Will keep you posted but thanks once again.