Shortcake v Barclays

[dar£n]

Thought so, although it is a std defence, it is std in the way that they are arguing that you have not submitted any proof to your claim.

You need to send to both parties, your updated SOC's...

By recorded delivery.

 

Doesnt matter if youve already sent them, send them again!

[TANZARELLI]

sure it says -

 

1. The particulars of claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful, or the claim thereof, furthermore, they give no recognisable cause of action, nor is there sufficient material to enable Barclays to serve more than a bare denial of liability as a defence. the staement of case would appear to be an abuse of process and / or will obstruct the just disposal of the proceedings and it does not appear to comply with CPR r16.2.

 

So what do you think?

 

oh oh & what does CPR r16.2 & CPR 3.4 apply to & do I need to refer to them in my paperwork as they mention them in their defence? Were these things mentioned in their defence with other claimants.

 

Someone answer me please...

 

CPR 16.2:

 

16.2 (1)The claim form must –

(a)contain a concise statement of the nature of the claim;

(b)specify the remedy which the claimant seeks;

©where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3;

(cc)where the claimant's only claim is for a specified sum, contain a statement of the interest accrued on that sum; and

(d)contain such other matters as may be set out in a practice direction.

(1A)In civil proceedings against the Crown, as defined in rule 66.1(2), the claim form must also contain –

(a)the names of the government departments and officers of the Crown concerned; and

(b)brief details of the circumstances in which it is alleged that the liability of the Crown arose.

(2)If the particulars of claim specified in rule 16.4 are not contained in, or are not served with the claim form, the claimant must state on the claim form that the particulars of claim will follow.

(3)If the claimant is claiming in a representative capacity, the claim form must state what that capacity is.

(4)If the defendant is sued in a representative capacity, the claim form must state what that capacity is.

(5)The court may grant any remedy to which the claimant is entitled even if that remedy is not specified in the claim form.

 

(Part 22 requires a claim form to be verified by a statement of truth)

 

(The costs practice direction sets out the information about a funding arrangement to be provided with the statement of case where the defendant intends to seek to recover an additional liability)

 

(‘Funding arrangement’ and ‘additional liability’ are defined in rule 43.2)

 

 

Power to strike out a statement of case CPR 3.4:

 

3.4 (1)In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(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;

(b)that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

©that there has been a failure to comply with a rule, practice direction or court order.

(3)When the court strikes out a statement of case it may make any consequential order it considers appropriate.

(4)Where –

(a)the court has struck out a claimant’s statement of case;

(b)the claimant has been ordered to pay costs to the defendant; and

©before the claimant pays those costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out,

 

the court may, on the application of the defendant, stay (GL) that other claim until the costs of the first claim have been paid.

(5)Paragraph (2) does not limit any other power of the court to strike out (GL) a statement of case.

(6)If the court strikes out a claimant's statement of case and it considers that the claim is totally without merit –

(a)the court's order must record that fact; and

(b)the court must at the same time consider whether it is appropriate to make a civil restraint order.

 

[shortcake]

thanks Tanzarreli, I've spent ages on here trying to find that info without success.

 

Cheers Dar£n, It's great how everyone is so helpful to each other. This is a fantastic site.

 

I've now sent my AQ to the courts & a copy to the contact address for the bank given on the defence notice.

 

Should I send my bundle as soon as I have it organised or wait until it's asked for?

 

What's the usual waiting time between sending the AQ & getting a court date?

 

Oh & for those that settled out of court, did anyone get their default removed?

[saintly_1]

Wait until you have been given directions from the court before sending in your court bundle.

 

Depends on your court as to how long you have to wait till you get a date

 

You can make it part of your settlement agreement

 

Hope that helps

Saint

[TANZARELLI]

CPR - Parts and Practice Directions

 

Heres the link to the CPR

[Bookworm]

Shortcake, I'm going to change your title for you, I think this one is out of date!

[shortcake]

ok hun..

 

but they'll be more questions when / if I get that dreaded court date..

 

Should I start another thread, then of course they'll be the *yeay* I won thread at the very end (hopefully)

 

Just kidding, you're cool bookworm .x.

[shortcake]

An update for you -

 

phoned the court today as this is when the AQ had to be returned. I wanted to see what stage my case was at. I was told that the bank hadn't returned their questionnaire yet & that they had until 4.00pm to do so. it was 12.30 when I phoned.

 

So what do you think? What should I do now?

[shortcake]

Received a letter from the courts today. I was due in court next week. They've now ordered that the claim be stayed pending the ultimate determination of the proceedings of the test case.

 

I've filled in a form n244.