Case Struck Out Beware !!!!!!

[crusty git]

I issued a moneyclaim against Lloyds TSB after following the correct procedure with the letters. Because the moneyclaim system only allows a certain number of characters to be entered I had to edit my claim as I registered it, - not the best way to do it!!.

 

In prticular I did not send the list of charges that I was attemping to recover, a fatal mistake.

 

Anyway all appeared to go well for a while, the bank entered their standard defence - "they are services, not penalties" and I duly filled in the Allocation Questionaire.

 

The following day I received a notice from the court that the action had been struck out "as disclosing no reasonable grounds for bringing a claim" .

 

After getting so far down the road it was devastating to say the least.

 

Now after an enormous amount of help from the forum, and another £35 in costs there is at least a chance that the claim can be saved.

 

If it was'nt for my cutting corners in the first place I would probably would be £700 better off by now.

 

The moral-

 

Dont use moneyclaim unless you are sure that you know what you are going to enter. Use the spreadsheet and send a copy with the claim

Read everything you can on the forum - Its there for a purpouse.

 

J

[christinajanep]

hi, god i bet you were gutted... what are you going to do now

[Guest Zooman]

reissue tomorrow mate in local court

[crusty git]

It was a judge in the local court who did the deed.

When a MCOL is defended it is refered to the local court

[christinajanep]

the best of luck with getting it started again

[crusty git]

Thanks for the support everyone.

I still have not heard from the court as to whether they will re-instate the claim.

 

j

[jonni2bad]

Can you post your Particulars of Claim here for us please?

[memoryman00]

I issued a moneyclaim against Lloyds TSB after following the correct procedure with the letters. Because the moneyclaim system only allows a certain number of characters to be entered I had to edit my claim as I registered it, - not the best way to do it!!.

 

In prticular I did not send the list of charges that I was attemping to recover, a fatal mistake.

 

Anyway all appeared to go well for a while, the bank entered their standard defence - "they are services, not penalties" and I duly filled in the Allocation Questionaire.

 

The following day I received a notice from the court that the action had been struck out "as disclosing no reasonable grounds for bringing a claim" .

 

After getting so far down the road it was devastating to say the least.

 

Now after an enormous amount of help from the forum, and another £35 in costs there is at least a chance that the claim can be saved.

 

If it was'nt for my cutting corners in the first place I would probably would be £700 better off by now.

 

The moral-

 

Dont use moneyclaim unless you are sure that you know what you are going to enter. Use the spreadsheet and send a copy with the claim

Read everything you can on the forum - Its there for a purpouse.

 

J

 

 

Sorry to hear about that and good luck with the case.

 

I was just wondering, did you file your claim online or in person?

[jadest]

Hope you can re-issue and I wish you the best of luck...

[vckyjam]

That is such a worry- I didnt send the the breakdown of charges with my moneyclaim because there wasnt enough room- Altough i did send it with my first 2 letters. I was gonna send it once i recived a responce from them ....im worried now

[crusty git]

Vicky

send 2 copies of the spreadsheet to Northampton County court quoting the claim No this will at least ensure that it is in your file.

If the bank fie a defence the case will be transferred to your local court which is where a district judge will review it.

 

Good luck

J

[dolly]

There are hundreds of people used MCOL successfully without their claims being struck out for not attaching the spreadsheets and this could cause panic amongst people who have issued Moneyclaim summons.

 

Could you please post what you wrote in your particulars of claim on the Moneyclaim form so we can ascertain if it was something in there that caused it to be struck out?

Thanks

[mooreda]

I'm sorry but I think that's out of order for the Judge to do that when you have paid the Court a fee for a service to help you resolve the dispute!

 

Further you are so restricted with the particulars of claim on MCOL - it wouldn't of hurt the Court/Judge to write and ask for the further additional information needed in support of the claim rather than him strucking it out like that.

 

I would make a official complaint to the Court Service once your claim has been finalised! Again you have paid a fee for a Service!

[steffyloulou]

i have just emailed my charges spreadsheet with my own personal charges on to the court, as i recieved my allocation questionaire today.

you never know, anything to get out of paying you........

[crusty git]

Dolly

I didnt say that you cant use moneyclaim successfuly. What I did say was be careful with it as it has a very limited number of characterss that it will accept.

Where I went wrong was in "pruning" my claim to fit and assuming that I would have an opportunity to present the spreadsheet before any damage was done.

 

also to be honest I think that I was a little unlucky with the way that the judge read the defence by Lloyds.

[vckyjam]

Thanks for the advice crusty- I cant believe that they have done this to you. I am gonna e-mail the court now.

 

 

Vic

[vckyjam]

Anybody know the E-mail address for northampton court?

 

many thanks

 

Vicky

[Tinkerbelle]

Anybody know the E-mail address for northampton court?

 

many thanks

 

Vicky

 

It's on their website...

[Number6]

So what were the exact particulars of claim?

 

I had to spend quite a while trimming and pruning the particulars of claim so that MCOL would accept them.

 

I sent copies of the spreadsheet to MCOL and to LTSB a couple of days later.

 

Surely the courts cannot strike out a claim on this basis as they will be aware of the character limitation of MCOL??

 

Similarly why does MCOL only allow such a limited space? That doesn't make any sense to me.

 

Pete

[vckyjam]

Hi tink- i must be blind as i cant find it...Grrrr

[Tinkerbelle]

Hi tink- i must be blind as i cant find it...Grrrr

 

Here you go

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/Search.do?court_id=712

[JonCris]

reissue tomorrow mate in local court

 

 

Good advice Zooman reissue & also put a brief summary of your claim on the form & mark it as "paticulars of claim to follow" thereby giving yourself some time to sort out the paper work

[jonni2bad]

.....Where I went wrong was in "pruning" my claim to fit......

 

So, can you show us please?

[jadest]

Good advice Zooman reissue & also put a brief summary of your claim on the form & mark it as "paticulars of claim to follow" thereby giving yourself some time to sort out the paper work

 

Very good advise... go for it!! It is your money

[cathrionas]

Is there any chance we could see those Particulars of your claim please?

C