I need help asap - what do I do now

[para-andyh]

Hi,

 

I am currently pursuing Lloyds TSB for approximately £1000 of unfair bank charges. After sending out 2 letters onto the bank with no refund I moved onto Money Claim Online. I submitted the particulars of claim according to the MoneySavingExpert.com website which was subsequently defended by the bank. The claim has been transferred to my local court.

 

In early June I received an order from Northampton Court stating that the claim was being transferred to the local court and that the filing of an Allocation Questionnaire be dispensed with unless the local judge ordered otherwise. There was also a Notice of Transfer letter from the local court which stated what had happened and also that the the AQ should be returned there. There wasn't a form so I left it until last week to find out when it was coming. I think I got confused with the word "dispensed" and thought I should receive an AQ however this was not the case and I am unable to appeal.

 

Today I received an order from the local court 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 ammend 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 correspondence and/or copies of bank statements will not suffice.

 

The Claimant has until 4pm on 16th July 2007 to comply with this order. In default the claim be struck out without further notice.

 

2. The Claimant is to pay the allocation fee of £100 by 4pm on 9th July 2007 and in default the claim shall stand struck out without further order.

 

 

Firstly, I've now read the information on MCOL on this site and realise that the particulars are too vague. Can I however just submit the content from the draft N1 response to the court for point 1 of this order?

 

Also, I paid £80 to MCOL when I initially made the claim. Do I have to now pay again and can I claim the total of £180 back in the particulars?

 

Please help me. I don't want to mess this up. If I spend the extra £100 I want to be sure I have a chance of getting the whole claim back. Any feedback would be greatly appreciated.

 

Thanks

[nicsussex]

This should help

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-aqs-stays-strike-out.html

[Kevboy_telford]

hi Andy

 

cheers for joining us

It is standard for £100 AQ fee and yes you can claim that back when you win.

You can change your POC (I think) but I believe there to be a cost (£35) but I think somebody else might know better than me on that one

You have enough time (11 days). Make sure you read up on as much as you can.

look at this

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

and then read everything in the FAQ

 

any more questions give us a yodel

[para-andyh]

Thanks for your quick replies. I think it's too late to amend the particulars but the order seems to want me to resubmit without filling out any forms or paying the £35 fee. Can I use the N1 template to do this and send it in without using a form? Also, does everyone have to pay the £100 even if they are sent an AQ or is it decided on by the judge? Can I claim back the MCOL fee and this new fee (total £180)? I have until monday to pay the £100.

 

Thanks

[Michael Browne]

but the order seems to want me to resubmit without filling out any forms or paying the £35 fee. Can I use the N1 template to do this and send it in without using a form?

Correct or you can use these:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/71394-abbey-national-me-defence.html#post661174

Also, does everyone have to pay the £100 even if they are sent an AQ or is it decided on by the judge

The fee is for Allocation not the questionnaire. Having said that it is only payable on claims over £1500 anfd if your court fee was £80 presumably your claim is less than £1000. Phone the court (Hitchin?) to clarify

[para-andyh]

Thanks,

 

The Abbey template is fantastic. Just what I needed. Yes, it is Hitchin. Any reason why you knew this? Will ring tomorrow and ask about AQ fee as it is less that £1000 plus interest and court fees.

 

Thanks again.

[nicsussex]

Yes, it is Hitchin. Any reason why you knew this?

 

That's the way this site works - either that or Michael is a calirvoyant

[Michael Browne]

Yes, it is Hitchin. Any reason why you knew this?

They are the only court in the land who issue this particular Direction Order (Stylised particulars do not constitute compliance.) and invariably reject MCOL POC's. Wish Judge Field would take a lesson from Lincoln who strike out the banks defence as an abuse of the court p[rocess

[nicsussex]

There goes my clairvoyancy theory then - no coments about crystal balls allowed

[Michael Browne]

either that or Michael is a calirvoyant

I'm not dyslexic either

[nicsussex]

I'm not dyslexic either

 

There has always been a need for a spill checker on here

[Michael Browne]

There has always been a need for a spill checker on here

Why, what have you upset?

[nicsussex]

Why, what have you upset?

 

Sorry - meant spell chocker - should I edit the above post or stop hijacking it?

[para-andyh]

Hi,

 

Spoke to the court today and apparently the order I was sent was a standard document and I don't need to pay the £100 allocation fee. Just means I have to submit the ammended POC - not a problems thanks to your help. Perhaps I should send a letter to Judge Field to the effect that Stylised Orders do not constitute a valid order!

 

Thanks again