Rp1978 vs LloydsTSB...NEED HELP WITH COURT PROCEEDINGS

[rp1978]

Hi

 

Please can someone help me out. I have followed all the instructions on this site, and have proceeded to court. I have paid for the initial court fee of £120 then this was moved to my local court and I have had to send another £100. Thinking that all was in order I have received a letter from the court today stating the following:

 

"IT IS ORDERED THAT:

 

1. The claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts. (Stylised particulars do not constitue compliance)

 

The claimant must amend or substitute its particulars of the claim setting out the claimant's case in plain english by 4pm on the 20th April 2007 and in default, the claim be struck out without further notice.

 

If the above order is complied with tthe defendant has permission to file and serve an amended defence in accordance with CPR 16.5 setting out its case in plain english.

 

2. This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed."

 

Can someone please advise of the best course of action.

 

Many thanks in anticipation...

 

RP

[Guest Niklowe]

Hi Rp

 

Here is a link to CPR 16.4. have a read of it and post again when you have, giving us any more info you might think will be usefull.

 

PART 16 - STATEMENTS OF CASE

[Michael Browne]

Is this Hitchin Court? They're always doing this, god knows why.

There are fuller POC's here:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/70304-jordash-barclays-bank-defence.html#post661829

[katesage]

Hi RP

 

Dont panic too much! As Michael and niklowe say, some courts are a bit nit-picky about the POC.

 

Can you post up your exact details of your POC please?

 

I'll have this thread moved to the LLoyds forum so you can get more help.

 

[rp1978]

Hi

 

Thanks for the posts, it is actually St Albans court. The fully detailed response is excellent thanks. I had originally used...

 

Particulars of claim (online form)

 

I have a contract with Lloyds TSB Bank PLC,conducted on their standard terms andconditions. I am claiming return of money taken by the defendant in the way of charges over the last 6 years, totaling

£2337. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a

disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and sch.2 (1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have

repeatedly asked the bank to justify their charges but they have declined to do so. I claim interest under section 69 of the county court act 1984 at the rate of 8% a year from (23/1/01) to (1/2/07) of £398.47

and also interest at the same rate up to thedate of judgment or earlier payment at a daily rate of 8%. Thus a total of 2735.47.

 

and then with the allocation questionnaire tfe following...

 

Other Information

 

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

However, the continuing problem is 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.

Is their request for a plain English statement reasonable?

 

Many thanks

 

RP

[rp1978]

Hi

 

Can anybody add any further to the above

 

many thanks

 

Ross

[GaryH]

It does'nt matter whether me, you, 130,000 members of CAG, or anyone else for that matter thinks its reasonable or not. The court have ordered you to do it - so you must do it. The consequences of not doing so are clearly set out in the order.

[rp1978]

Hi

 

Thanks for the responses, I dont know where I'd be without this site. I have drafted an amended particulars of claim as per the link to Jordash vs. Barclays. I am ready to send back to the courts, my question is should I also send a copy to Lloyds sols, they do have a copy of the original POC and schedule of charges. Or is it just the court that need the amended version

 

Regards

 

RP

[Michael Browne]

If the above order is complied with tthe defendant has permission to file and serve an amended defence in accordance with CPR 16.5 setting out its case in plain english.

 

Both. File at court. Serve on the Defendant

[rp1978]

Brilliant thanks Michael