Abbey poc

[kopw]

I need to send my bundle and docs by 12th August, with a court date of 17th Sept. Can I use these new Abbey POCs with my bundle? I issued proceedings on 5th June through MCOL. Would these POCs replace the originals?. Forgive me if I sound a bit dim but, all this is very new to me.

[zootscoot]

No its too late to amend you Poc now. A formal procedure is required and would set your case back quite some time as it would give the bank a further 28 days to defend. Stick to what you have now.

[elliejay39]

Is it worth amending mine? I only filed on Wednesday 25th July.

Can I ask what brought this about - is it just for Abbey or are the POC deemd stronger no matter what bank you are claiming against?

 

Ellie

[zootscoot]

Its entirely up to you if you amend. It will cost £35 and you will need to make an application using N244.

 

The old POCs are probably adequate and have seen many people through their claims. Although some courts are now getting quite pedantic and threatening to strike out claims unless POCs are adequately pleaded. This tends to be where people have used MCOL.

 

The new POCs are specific to particular banks as they refer to the actual T & Cs used and take into account the defences used by the bank.

 

The new POCs are in response to the Berwick case which was lost against Lloyds and the subsequent Hull strikeouts