My claim is to be struck out , help!! Don't know what to do...

[gav6280]

With the help of this forum i have as far as i know done everything exactly by the book. But today i have fallen off my horse.

 

I recived a letter from my county court stating that (and i quote):

 

IT IS ORDERED THAT

 

1. Unless the defendant files at court a allocation questionnaire by 4pm on or before 25th april 2007 the defence (and part 20) shall be struck out.

 

2. The claim is stayed on the grounds that the claimntsstatment of case discloses inadequate particulars of claim. Unless by 4pm on 25th April 2007 the claimant serves a further statment of case that sets out the full particularsof the claim, the claim will stand struck out.

 

 

 

 

Ok, now im very worried.

 

1. What dose all this mean?

 

2. What else do they need to know - did i miss some thing? I need some help working out what i missed and what to include in a new particulars or statment whatever, very confused.

 

 

The particulars of my claim exactly as i put it on the origianl claim form.

 

The claimant hold's the accounts xx-xx-xx xxxxxxxx / 81224476 with the defendant, conducted on thier standard terms and conditions since 1993,. The defendant from 09/11/01 to 30/05/06 has applied charges to the claimaints accounts totaling £841.50. The defendants charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrcoverable at common law. The precedent for this was Murray v. Leisure play (2005) EWCA Civ 963. Also the defendants charges are contray to the unfair terms and conditions in consumer contracts regulations 1999. Para.8 ans sch.2(1)(e). The claimant has asked the bank to refund the charges or offer that they are a true pre-etimate. The claimant claims no more than £841.50., being the sum unlawfuly debited. The claimant also claims interst under section 89 of the county courts act 1984 at the rate 0f 8% a year from 09/11/01 to 30/05/06 of £188.58.

 

 

 

Still with me, please give me your thoyghts or that's it it's all over and the Man wins!! Help me stick it to the Man...

 

Please excuse the spelling mistakes, i can assure there were none in the important documents because 3 diffrent people checked em. Just tend to type to fast....

 

Thanks..

[givememymoney]

Don't worry you are the "claimant" hsbc is the defendant it is they that might be struck out

 

The question on your side is did you send your schedule of charges to the court and DG?

 

Will just read your POC in detail to see what else could be wrong

[gav6280]

Yes, but what about section 2 of the order stating that the claim will be struck out unless i serve a further statment of case, what ever that is.

[Michael Browne]

POC's are fine as they go, but the court doesn't think so, see here for a fuller version:

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

 

+ make sure you attach a schedule of charges.

[gav6280]

yep just had a look at that, looks very good. Woh ever wrote, what a top bloke.

 

Do you think that will be sufficant for them, can't really think of anything else they would need to know?

 

If it isn't i dont expect they would tell you right? Probably just strike it out. Not many other people seem to have had this sort of problem this far in?

[givememymoney]

The claimant hold's the accounts xx-xx-xx xxxxxxxx / 81224476 with the defendant, conducted on thier standard terms and conditions since 1993,. The defendant from 09/11/01 to 30/05/06 has applied charges to the claimaints accounts totaling £841.50. The defendants charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrcoverable at common law. The precedent for this was Murray v. Leisure play (2005) EWCA Civ 963. Also the defendants charges are contray to the unfair terms and conditions in consumer contracts regulations 1999. Para.8 ans sch.2(1)(e). The claimant has asked the bank to refund the charges or offer that they are a true pre-etimate. The claimant claims no more than £841.50., being the sum unlawfuly debited. The claimant also claims interst under section 89 of the county courts act 1984 at the rate 0f 8% a year from 09/11/01 to 30/05/06 of £188.58.

 

I think Michael has a great solution to your problem there are a couple of issues with your POC as I see it. 1) You describe the penalties and unenforceable when in actual fact they are unfair. 2) You don't make mention of the charges being levied as not a true reflection of the administration cost to the bank.

 

If you return something very similar to the one in the link from Michael I don't think you will have a problem. Return it early and call the court to find out if it is acceptable. Chin up

[gav6280]

Ok got a draft "Statment of case" as ordered by the judge, just getting it proofed by someone else, then i will put the main body of it up to see what you think?