struck out TSB bank charges HELP

[paul283]

Hi,

 

hope you can help? just heard from court that they have struck my claim out to retrieve my bank charges from Lloyds TSB. I thought that I sent everything that was asked for but then they sent me an order again asking for particulars of the claim specifying a list of all charges complained of showing the date and amount of each one and the stated reason for it. This I thought I did. I'm not sure if I understood what was asked of me but next thing I have a reply today dated 9th July 07 stating it was struck out. Can you help in telling me what I need to do now and whether the information I am supplying is correct and what they want?

Unfortunately, I need help urgently as I only have a couple of days to reply. Thanks alot.

 

Paul

[nicsussex]

You need to apply to have the claim re-instated - have a look here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

[remus]

Hi Paul, as your case is in Birmingham you need to PM Gary H, he will give you further help as how to procede.

Good Luck:D

Birmingham County Court

[GaryH]

Hi,

 

hope you can help? just heard from court that they have struck my claim out to retrieve my bank charges from Lloyds TSB. I thought that I sent everything that was asked for but then they sent me an order again asking for particulars of the claim specifying a list of all charges complained of showing the date and amount of each one and the stated reason for it. This I thought I did. I'm not sure if I understood what was asked of me but next thing I have a reply today dated 9th July 07 stating it was struck out. Can you help in telling me what I need to do now and whether the information I am supplying is correct and what they want?

Unfortunately, I need help urgently as I only have a couple of days to reply. Thanks alot.

 

Paul

Nobody will be able to tell you if what you supplied was correct if you don't show us what the court asked for!

 

Can you post up the order's from the court please? The one which asked for further information and the one which informed you the claim was struck out.

 

Also please show us exactly what you provided in response to the first.

 

All may not be lost but you need to act quickly.

[paul283]

Hi Gary

This is the first order i recieved was

Unless the claiment by 4pm on may 16th 2007 files at court and serves on the defendant further written particulars of the claim specifying the name,account number and sorting code of the account referred to,and a list of all the charges complained of showing the date and the amount of each one and the stated reason for it,the claim shall stand struck out without further order.

 

I sent them a list of charges set out the way requested by the order.

 

Then i recieved another order stating

Upon reading the court file it is noted

1.The documents filed at court by the claimant on 14th may 2007 do not comply with the order on 24th april 2007 besause

 

a)they do not appear to have been sent to the defendant as required.correspondence with the defendant before the claim was issued is not sufficient to clarify before the court.

b)the list of charges attached does not specify the reason given for each charge.it appears from the amounts that many of the charges may be for interest,which is not a matter apparently within the complaints made in the particulars of claim.

 

 

So i sent another list of charges without the interest on and specifyed what each charge was for and the amount and the date as requested by the first order.These were sent to the court and the defendant recorded delivery.

 

 

Then recieved this on monday 9th july

Upon the claimant having failed to provide the defendant with the further particulars of the claim required by the order of 24th april 2007 and 30th may 2007.

it is ordered that

1.claim stands struck out.

2.this order has been made by the court of its own initiative under cpr3.3.any party affected by this order may apply to have it set aside,varied or stayed within 7 days of the date on which the order is served on that party.

 

 

hope this helps

cheers paul