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Re: Anyone else had their claim thrown out of court?
Although my answer to your question is "No", I'm curious why your claim was thrown out of court. Any chance of enlightening us a little, please?
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Re: Anyone else had their claim thrown out of court?
The only reason that I can think of that your claim was thrown out is because it was either filed late,the paperwork wasn't in order or it didn't comply with the Civil Procedure Rules.I would phone the court and ask why it was struck out.I know from working in litigation that the courts are very fussy about the paperwork.Hope thats of help.
Re: Anyone else had their claim thrown out of court?
Originally Posted by The Terminator
The only reason that I can think of that your claim was thrown out is because it was either filed late,the paperwork wasn't in order or it didn't comply with the Civil Procedure Rules.I would phone the court and ask why it was struck out.I know from working in litigation that the courts are very fussy about the paperwork.Hope thats of help.
My paperwork was absolutely spot on.
I was asked to provide details of why the charges were a "disproportionate penalty" and "unreasonable", which I did. Further to this I was sent a letter saying "it is ordered that the claim is struck out as disclosing no reasonable grounds for bringing the claim".
Re: Anyone else had their claim thrown out of court?
CAn you please list all the stages of your claim and post the letter explaining the decision to stike out your claim. Also anything that you might think of.
Re: Anyone else had their claim thrown out of court?
You are in effect contradicting yourself, if your paper work was spot on then it would have included sufficient details for justification of disproportionate charges and being unreasonable.
If you were to post your particulars of claim, the courts comments and your responses it may give a clue.
JMHO
Glenn
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Where were you? Next time please
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Re: Anyone else had their claim thrown out of court?
Originally Posted by Glenn UK
You are in effect contradicting yourself, if your paper work was spot on then it would have included sufficient details for justification of disproportionate charges and being unreasonable.
If you were to post your particulars of claim, the courts comments and your responses it may give a clue.
JMHO
Glenn
I have scanned all the docs in, but I cant upload attachments
Re: Anyone else had their claim thrown out of court?
This was on my original claim form:
The claimant has a contract with Lloyds TSB Bank which is conducted on their standard terms and conditions. The claimant is claiming the return of the money taken by the defendant in the way of charges between 13/03/05 and 02/09/05. The banks charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para 8. and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The claimant has repeatedly asked the bank to justify their charges but they have declined to do so.
Can you see anything that deserves the claim be struck out?
Re: Anyone else had their claim thrown out of court?
I'm not even close to being an expert, but my impression of the letter that you've scanned is that you make quite a few suppositions about the cost of charges, etc..........
Re: Anyone else had their claim thrown out of court?
Well the only legislation you have referred to in your reply to the court is SOGA, whereas you should also have expanded on the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para 8. and sch.2(1)(e). Nevertheless I think striking out was harsh
Re: Anyone else had their claim thrown out of court?
Well I got paid out anyway, so not too bothered. I sucessfully claimed charges back from a total of 5 banks nearing £3500. This was the only one that I had problems with.
Cheers for the clarification Michael. - But as you will see from the original claim form, that information was included.
Re: Anyone else had their claim thrown out of court?
Oh dear. Lloyds have started to defend claims on the basis that the particulars are "too vague" lately, which is - in most cases - rubbish. Some judges seem to be swayed by it though which is dissapointing to say the least. The only thing you should have done after the judge ordered you to elaberate was provide the documents relating to legal basis of the claim, ie the case law and UTCCR's. Also the part of the OFT statement relating to 'disguised penalties'. Did you seek advice on the forum before you sent back that reply?
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Re: Anyone else had their claim thrown out of court?
Well I got paid out anyway
,
Yes, but you were lucky.
But as you will see from the original claim form, that information was included.
Yes, but you were specifically asked to provide further details as to why the charges were 'disproportionate penalties' and failed to do so. Your reply was very 'thin'
Anyway the main thing is you got your refund. The lesson for us all is to take directions from the court seriously and always answer as fully as possible
Anyone else had their claim thrown out of court?
TSB. Peterborough Court asked for further evidence, which I supplied, but then threw the claim out.
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Originally Posted by The Terminator
