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Natwest Claim being Struck out - HELP - what do i do next?!


rachel01
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Hi rachel, its probably agood idea to enter as below:-

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

Hope this helps!! :rolleyes:

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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  • 3 weeks later...

I have just received a judgment saying that Natwest want to struck out my claim as i've not disclosed any reasonable cause of action.

 

I have 7 days.

 

Letter says: Upon corts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

It is ordered that

 

1. Claim struck out as not disclosing any reasonable cause of action.

 

 

I need help - this is way over my head, and i have no idea what my next stage of action is - i'm trying to claim £3000 back from them.

 

HELP!

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Hi Rachel,

 

can you post on here what you used for your particulars of claim, it will help us see what the problem might be.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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now i'm confused.

 

What part is particulars of claim?

 

I sent a list of charges in an excel format to the bank in the first instance.

then put the below in the other information on the Allocation Questionnaire:

 

I am respectfully requesting that my claim be allocated to the small claims track.

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

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When you filed your claim through the courts you will have either done this online (MCOL), or through the manual proceedure (N1 form).

Whichever way you did it you will have entered details relating to your claim for your POC. It is these details we need to see.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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If you filed your claim through MCOL your POC should have read as below.

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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This is what i put on the particulars of claim on the on line money claim website.

I am claiming for service fees, unarranged

borrowed fees, paid referrals, card misused

fees,unpaid dd, cheque returned fees, upaid

items and interest on my account since 2000.

The claimant claims interest under section

69 of the County Courts Act 1984 at the rate

of 8% a year from 01.09.00 to 10.10.06 of

£510.30 and also interest at the same rate

up to the date of judgment or earlier

payment at a daily rate of 2.5%.

 

If this ok or not? what do you suggest i do now?

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Hi Rachel

 

I'm afraid your claim was not fully particularised in that it did not explain in enough detail, the basis for the claim - i.e. the laws and regulations to which you would rely upon in court.

 

I will check with other members as to the best course of action for you. It may still be possible to amend the claim (which will cost a small amount) or you may be advised to restart.....

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Have sent you a PM..........

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I used this template on MCOl, is this ok?

 

 

1. The Claimant has an account xxx with the Defendant, opened xxx

 

2. Since xxx 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 £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx;

 

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.

 

7. Costs allowed by the Court.

 

 

 

Regards,

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