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HSBC defending claim- but not heard anything from court - help!


PJS
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Can anyone advise me what I do now coz just received following from County Court Judge 2'day.

'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 constitute compliance). 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 are 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 only a short period to comply or this claim will be struck out. I am not sure what I did wrong as I used the template details for POC from a thread about this, which seemed to have included all of the above.

Anyone know what I can do now..???:-(

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Hiya PJS, you got your particulars from a thread or from the CAG library?

 

Have a look at the CAG Template for the N1 (your replying by post so you may as well use the full version) particulars of claim and see if those are any more detailed, if they are all you need to do is edit them for your claim.

 

Just found this

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Did you use the CAG spreadsheet for your schedule of claim ?

 

pete

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Hi there Pete

I did use the template from the CAG library, exactly word for word from link you just found.... which is worrying I think... why would this not be enough? Did not use CAG spreadsheet tho.. used MSE interest calculator spreadsheet and put in what each charge was for, the amount, date, 8% interest which would payable if claim went thru, two final amounts 1) Total charges 2) interest @8% statutory only.

So also I do not get what Judge is saying about 'showing details of charges complained of' ...and about no sending copy correspondence and/or copies of bank statements as this will not suffice... HELP!

Think a phone call to court may be in order to work out what's going on here... meanwhile... can anyone enlighten me about any of these things

I would feel a little better :o coz I'm rather worried now.

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Hi there,

Update ... phoned court re General Form of Judgment or Order sent by Judge .. clerk stated again no need for N244 but just to change text colour to red on amended POC at top....seems a bit anal to me... :rolleyes: however! Apparently the actual content was fine and no need to change anything else!:confused: Will send the changed POC off with covering letter to the Court Manager 2'mor but am gonna check before the date stipulated to comply that everything is in fact correct this time!

These legal docs scare the pants off me... still unsure about Judges bit about 'Stylised particulars do not constitute compliance' what the heck does this mean?

Lastly just a point.. Judge made this order on 19/6/07 but I only received it yesterday! Not much time to amend stuff eh!

Thanks for advice from u peeps out there.

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In these cases the judge is god.... if he/she says put a full stop there you do it, added to that I think most of them are on our side because they are so fed up with the banks solicitors dragging it out for the sake of it.

 

pete

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