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paul283

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Posts posted by paul283

  1. Hi Gary

    This is the first order i recieved was

    Unless the claiment by 4pm on may 16th 2007 files at court and serves on the defendant further written particulars of the claim specifying the name,account number and sorting code of the account referred to,and a list of all the charges complained of showing the date and the amount of each one and the stated reason for it,the claim shall stand struck out without further order.

     

    I sent them a list of charges set out the way requested by the order.

     

    Then i recieved another order stating

    Upon reading the court file it is noted

    1.The documents filed at court by the claimant on 14th may 2007 do not comply with the order on 24th april 2007 besause

     

    a)they do not appear to have been sent to the defendant as required.correspondence with the defendant before the claim was issued is not sufficient to clarify before the court.

    b)the list of charges attached does not specify the reason given for each charge.it appears from the amounts that many of the charges may be for interest,which is not a matter apparently within the complaints made in the particulars of claim.

     

     

    So i sent another list of charges without the interest on and specifyed what each charge was for and the amount and the date as requested by the first order.These were sent to the court and the defendant recorded delivery.

     

     

    Then recieved this on monday 9th july

    Upon the claimant having failed to provide the defendant with the further particulars of the claim required by the order of 24th april 2007 and 30th may 2007.

    it is ordered that

    1.claim stands struck out.

    2.this order has been made by the court of its own initiative under cpr3.3.any party affected by this order may apply to have it set aside,varied or stayed within 7 days of the date on which the order is served on that party.

     

     

    hope this helps

    cheers paul

  2. Hi,

     

    hope you can help? just heard from court that they have struck my claim out to retrieve my bank charges from Lloyds TSB. I thought that I sent everything that was asked for but then they sent me an order again asking for particulars of the claim specifying a list of all charges complained of showing the date and amount of each one and the stated reason for it. This I thought I did. I'm not sure if I understood what was asked of me but next thing I have a reply today dated 9th July 07 stating it was struck out. Can you help in telling me what I need to do now and whether the information I am supplying is correct and what they want?

    Unfortunately, I need help urgently as I only have a couple of days to reply. Thanks alot.

     

    Paul

  3. Hi,

     

    hope you can help? just heard from court that they have struck my claim out to retrieve my bank charges from Lloyds TSB. I thought that I sent everything that was asked for but then they sent me an order again asking for particulars of the claim specifying a list of all charges complained of showing the date and amount of each one and the stated reason for it. This I thought I did. I'm not sure if I understood what was asked of me but next thing I have a reply today dated 9th July 07 stating it was struck out. Can you help in telling me what I need to do now and whether the information I am supplying is correct and what they want?

    Unfortunately, I need help urgently as I only have a couple of days to reply. Thanks alot.

     

    Paul

  4. Hi

     

    I got my refund after I sent my AQ in and as far as I know Lloyds didn't, as I said we got the letter from Lloyds a week after we had returned our AQ wilth full settlement. I attached the following draft for direction in my AQ

     

     

    In the #### County Court

     

     

    Between

     

     

     

     

     

     

    The Claimant shall within 14 days of service of this order send to the Defendant and to the Cour

     

     

    • A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

    • b) Copies of any statement or other document relied upon as showing that each and every charge has been made

    • c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise

    • d) Copies of decided cases and other legal materials to be relied upon.

    If the Claimant fails to comply with this order, the claim will be struck out without further order.

     

    2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed

    • a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon

    • b) Whether such charge is accepted to be a penalty, and if not why not

    • c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was

    • d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

    • e) Any witness statements.

    • f) Copies of decided cases and other legal materials to be relied upon.

    If the Defendant fails to comply with this order, the Defence will be struck out without further order

    Again make sure you can comply with the order before sending! It basically means that they have to disclose a full account of how they make up their charges before you get to court and obviously they don't want to have to do that!!! It is instead of asking for full disclosure and the judge is more likely to send it out. I found all this on the website in the court section. Good Luck.

    Hi did you put this in the section which sys reasons for counter claim?

  5. I am taking ltsb to court over bank charges,they have decided to defend my claim.I have got a form from Birmingham county court with ltsb defence on it,there is a section which i need to fill in and the question is what are my reasons for making a counterclaim are? i am a bit stuck as to what to put in this section so any help would be grateful.cheers

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