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Re: Court claim for overdraft
Here is a letter which I have drafted to write to the court. Its for a Current Account Cabot/Restons have not provided me with contract stated in the POC or Terms & Conditions. I have been refunded for the charges by the OC in full recently after making a complaint to FOS after receiving the court claim.
FAO: Court Manager - Case Ref: XXXXXX
The claim was issued on 22nd July 2015 and defence submitted on 17th August 2015. The Claimant has failed to respond to the Defence and the case has now been stayed.
The Defendant respectfully asks the Court to exercise discretion on its own initiative under CPR 3.2 and PD3A(1) to strike out the claim form.
I have stated in my defence that my understanding of the claim is that it regards payments due under a Current account contract/agreement. Despite repeated requests, no further information has been received from the Claimant.
In the absence of proper information, the Claimant was unable at the time of issue to formulate a claim against me and has issued the claim in an attempt to prevent the limitation period expiring. The claim is therefore an abuse of process.
As the time has now expired for any further statement of case on behalf of the Claimant, I ask that following CPR 3.2 and PD3A 2-3 1 the claim be brought to the attention of a judge to consider a strike out of the claim form on the following grounds:
Pursuant to CPR 3.4(2)a the Claimants statement of case does not contain all the facts necessary for the purpose of formulating a complete cause of action and therefore discloses no reasonable grounds for bringing a claim.
Further or alternatively, pursuant to CPR 3.4(2)b it is an abuse of process to issue a claim form in the absence of knowledge of any basis for a claim, and in circumstances where the claimant is unable to formulate a claim at the time of issue. In the circumstances of this case, the Claimant has no reasonable grounds or evidence upon which to serve the claim form.
Further or alternatively, pursuant to CPR 3.4(2)b it is an abuse of process to issue a claim form which the Claimant is not entitled to enforce.
Further or alternatively, pursuant to CPR 3.4(2)c in the absence of any identifiable cause of action, the claim form does not contain a concise statement of the nature of the claim and is therefore a failure to comply with CPR rule16.2(1)a.
Alternatively I invite the court to exercise discretion on its own initiative under CPR 3.2 and PD3A(1) to strike out the claim form.
Yours sincerely
Originally posted by FlamingParrot
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Looks like they did not respond to your defence within 28 days in which case the claim will be stayed.
You are assuming correctly. :thumb: They wouldn't have any information themselves and are relying on the original creditor to supply it as and when. :
I'd give them a couple of weeks or so. There are various approaches here, you may want to look at this thread, although the wording would obviously need amending: http://www.legalbeagles.info/forums/...139#post494139 As that's a letter as opposed to an application, there would be no fee involved. If you need to make an application then there would be the usual application fee involved, currently £155.
You are assuming correctly. :thumb: They wouldn't have any information themselves and are relying on the original creditor to supply it as and when. :
I'd give them a couple of weeks or so. There are various approaches here, you may want to look at this thread, although the wording would obviously need amending: http://www.legalbeagles.info/forums/...139#post494139 As that's a letter as opposed to an application, there would be no fee involved. If you need to make an application then there would be the usual application fee involved, currently £155.
FAO: Court Manager - Case Ref: XXXXXX
The claim was issued on 22nd July 2015 and defence submitted on 17th August 2015. The Claimant has failed to respond to the Defence and the case has now been stayed.
The Defendant respectfully asks the Court to exercise discretion on its own initiative under CPR 3.2 and PD3A(1) to strike out the claim form.
I have stated in my defence that my understanding of the claim is that it regards payments due under a Current account contract/agreement. Despite repeated requests, no further information has been received from the Claimant.
In the absence of proper information, the Claimant was unable at the time of issue to formulate a claim against me and has issued the claim in an attempt to prevent the limitation period expiring. The claim is therefore an abuse of process.
As the time has now expired for any further statement of case on behalf of the Claimant, I ask that following CPR 3.2 and PD3A 2-3 1 the claim be brought to the attention of a judge to consider a strike out of the claim form on the following grounds:
Pursuant to CPR 3.4(2)a the Claimants statement of case does not contain all the facts necessary for the purpose of formulating a complete cause of action and therefore discloses no reasonable grounds for bringing a claim.
Further or alternatively, pursuant to CPR 3.4(2)b it is an abuse of process to issue a claim form in the absence of knowledge of any basis for a claim, and in circumstances where the claimant is unable to formulate a claim at the time of issue. In the circumstances of this case, the Claimant has no reasonable grounds or evidence upon which to serve the claim form.
Further or alternatively, pursuant to CPR 3.4(2)b it is an abuse of process to issue a claim form which the Claimant is not entitled to enforce.
Further or alternatively, pursuant to CPR 3.4(2)c in the absence of any identifiable cause of action, the claim form does not contain a concise statement of the nature of the claim and is therefore a failure to comply with CPR rule16.2(1)a.
Alternatively I invite the court to exercise discretion on its own initiative under CPR 3.2 and PD3A(1) to strike out the claim form.
Yours sincerely
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