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bank charges claim to be struck out !


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Just received a letter from county court saying that my claim has been struck out .It reads "claim to be struck out as displaying no cause of action and there being no reasonable grounds for bringing the claim ,pursuant to civil procedere rules 3.4 (2) (a) . " I was claiming back bank charges from natwest .I have no idea what that civil procedere rule is .

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Hi is it possible that you can post a copy of the order.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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(2)The court may strike out (GL) a statement of case if it appears to the court –

(a)that the statement of case discloses no reasonable grounds for bringing or defending the claim;

 

What did you put as your particulars of claim?

I said in my claim that I had been trying to get natwest to send me a set of bank statements since April 2006.My claim was made this year February ; I claimed an estimated amount because I did not have a full set of statements .I had written to natwest about my intention to claim an estimated amount ;they did not reply to me .

The court asked me to amend particulars of claim .At that point in time of my claim ( April 14 2007 ) natwest finally sent me a full set of statements so I amended my claim ,specifying an exact amout ; I realise now that that was obviously not what the court was asking to be amended .

My amended statement read"The claim is for bank charges from Jan2002 .I received a set of bank statements from natwest recently April 14 ,2007 and can now provide a list of charges .I have enclosed this list ."

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Did you read any of the guides to reclaiming before you started the court action?

 

I know it might sound rather harsh, but you have placed yourself in a position where your claim is on the verge of being struck out - a lesson for others here...

 

Livelylad has asked you to give details of the court order - we need to know what precisely the court has asked you to so and by what date. Once we know this, we will be able to advise you accordingly - this may be to complete a revised N1 court claim and submit it, or it might also mean submitting an N244 with the above.

 

Post the details we need here and then contact us by PM to let us know.

 

You will also need to spend lots of time in our FAQ section >>HERE

 

The details of the N244 are >>HERE>HERE

..

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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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post your POC as well please.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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