Amend Particulars of Claim

[chazbat1980]

Hi

 

I have received a General Form of Judgement or Order from the Court which states the following:

 

It is ordered that:

 

1 The claim be stayed as it makes no serious attempts to comply with CPR 16.4(1) by setting out a concise statement of the facts. (Stylised particulars do not constitute compliance). The claiment must amend or substitute its particulars of claim setting out the claimant's case in plain English by 4th May and in default the claim be struck out without further notice.

 

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

 

2 Claimant must also pay allocation fee of 100.00.

 

 

I cut and pasted Martin Lewis's particulars of claim on to the MCOL. It seems that where there was a comma or apostrophe etc, it has been autoformatted and appears as a ?? or @@? and I think this is what the court is asking me to amend.

 

I rang the court to see if there was a form that I needed to complete or do I just recomplete N1 but was told that they could not advise me. Now I am stuck! Do I just retype the partuclars on to A4 paper and take to the court or is there indeed a specific form? Also, as I am having to re submit my claim is it worth using CAG wording instead of Martin Lewis's. Can anyone help?

 

Many thanks

[Michael Browne]

Is this Hitchin or St Albans Court? The judge there is always doing this.

 

See this post for a full POC:

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

[chazbat1980]

Yes Hitchin

[Michael Browne]

Just send a copy of the POC's to both the court and the bank's solicitors from the link above + covering letter.

 

And AQ fee to the court

[chazbat1980]

Should I just type it out on plain paper or is there a form I need to complete? I have heard there is a Nxxx? if you are amending your claim with a £35 charge?

[Michael Browne]

Just copy and paste from the link. Read carefully and amend where necessary and print out.

 

The N244 is if you are applying for an amendment. But here the court is directing you to do so, so there is no need for a fee

[chazbat1980]

Many thanks for your help with this

[chazbat1980]

Hi

 

I sent the full POC and paid the AQ fee of £100 as instructed. I had no response for ages as I think HSBC had a while to amend their defence which they did not do.

 

Anyway, I have now received the following from the court:

 

It is ordered that the claimant must amend or substitute the particulars of claim by setting out the case and by including details of the charges complained of, how they were calculated and in what circumstances they were incurred. The claimant should note that sending copy correspondence and or copies of bank statements will not suffice.

 

I have until tomorrow 4pm to comply or be struck out.

 

I am really stuck now, I feel like giving up! Can anyone help me please?

[livelylad]

Did you send a Schedule of the charges to the court and the bank?

[chazbat1980]

Yep, the CAG standard template

[livelylad]

Reading that it seems to me like they do not have details of the charges. It also appears that he is asking how the charges are calculated, you cant provide this as the bank will not give you this information. You need to contact the court and ask them in plain English to explain what they want.

[Michael Browne]

What exactly is wrong with Hitchin? 90% ofthe courts are accepting MCOL POC's

 

This is the fourth one this week,all the same, directed to submit amended POC's which they do and then have all been sent this direction

 

As far as I can tell only 1 submitted a SoC without the type of charge

 

I don't know what they actually want.

[livelylad]

Chaz can you phone and ask exactly what they want please and then let Michael and I know. Thanks.

[chazbat1980]

Will do - they are not open until 10am Monday.

 

Just a thought, do you think it is because my description column on the SoC says 'total charges' (as it does on my statements when I am charged) and this doesn't actually show why I was charged i.e. for going over authrised overdraft?

[livelylad]

Ahh this might be part of it, in that case you need to inform the court that the defendant has not supplied this information to you. Ask the judge to order them to provide this information or strike their defence out.

[MARTIN3030]

Who are you claiming from ?

Will move this lot to your own thread in the bank group.

[chazbat1980]

HSBC

[chazbat1980]

Hi again

 

Just phoned the court and got put through to 'civil'. I asked them to explain exactly what they wanted me to provide and the woman basically just read out the order to me!:-|

 

I explained that I did not have access to information on how the charges are calculated and she advised me to write this in a cover letter.

 

What I have decided to do is submit the exact same POC again but I have amended the description column on the SOC to "unathorised overdraft fee" instead of "Total Charges" and hope this will answer their question "in what circumstances they were inccured". I have then requested in a covering letter that the Court orders the defendant to provide info on how their charges are calculated or their defence be struck out.

 

Does this sound okay or has anyone got any other suggestions? Bearing in mind this has to be in by 4pm today!!!!!!!!

 

Thanks all