Hoping for a little help here - I issued two claims against Barclays late last year, one for my Barclays bank account and one for my Barclaycard. The bank claim is due to be heard in March but I received a letter today stating that the District Judge has ordered that the particulars of claim be struck out. I don't understand this as these were almost identical as for my other claim.
I have so far sent:
- Letter to Barclaycard 10/09/06 with list of individual charges
- Letter to Barclaycard 07/10/06 with list of individual charges
- Letter to Barclaycard 11/11/06 with list of individual charges plus contractual interest
- Letter to Court 11/11/06 with list of individual charges plus contractual interest
- Allocation questionnaire to Court in December
The particulars of claim I used (though MCOL) were:
"1. The Claimant had an account XXXX XXXX
XXXX XXXX with the Defendant, opened
November 2000 and closed May 2006. 2. Since
15/01/02 the Defendant debited charges and
interest in respect of purported breaches
of contract. 3. Defendant is aware of all
details as a list of charges has already
been supplied. Another copy will be sent.
4. Claimant contends: (a) The charges
exceed the Defendant's losses caused by the
breaches; (b) The Term permitting the
Defendant to levy such charges is
unenforceable under the Unfair Terms in
Consumer Contracts Regulations 1999, Unfair
Contract Terms Act 1977 and at Common Law.
5. Claimant claims: (a) return of the
amounts debited of £295; (b) Interest per
S.69 County Courts Act 1984 of 8% - £61.43
continuing at 8% until judgment or
settlement at a daily rate of £0.06; 6.
Alternatively, if the charges are a fee for
a service, then they must be reasonable
under S.15 of Supplyof Goods and Services
Act 1982. 7. Costs allowed by the Court."
This is all that would fit on the form, hence the details sent separately. However the letter states:
"1) The particulars of claim be struck out as disclosing no reasonable grounds for bringing the claim.
2) The claimant has permission not later than 16.00 hours on the 2nd March 2007 to file at court and serve upon the defendant a replacement particulars of claim which shall set out withthe particularity required at trial to prove the claim the dat and amount of each chage made by the defendant which the claimant says was in breach of contract and/or unlawful together with, in eah case, the basis upon which the claimant says he is entitled to recover the same from the defendant and to the extent that interest is claimed upon each or any of the same showing the clculation of interest from the date of such payment.
3) Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order."
Now that to me says the Judge hasn't looked at my letter and the details provided, as that seems to be what he's asking for in item 1). However if he has and I submit the same details will the case be thrown out? Is it just a matter of submitting a written PoC with the details included in that instead of an additional letter? If so it seems the Judge is being exceedingly petty - how would I lodge a complaint about him? Finally, what would be the difference between serving a replacement PoC and applying to have the Order set aside (so returning to the original one)?