Court considering striking out claim due to Berwick case

[Amethyst]

A claimant against Lloyds over on MSE has received the following order.

IT IS ORDERED THAT

Thi matter be listed on 4th July 2007 at 3.00pm to consider striking out the claim as disclosing no reasonable prospect of success in the light of the recent decision on Berwick v Lloyds TSB 15th May 2007

Dated 30th May

Any thoughts ?


She has 7 days to object the order.

For Reference the powers contained in CPR 3.4 - PART 3 - THE COURT’S CASE MANAGEMENT POWERS

Link to MSE discussion Hull County Court considers striking out the claim in light of Berwick-v- Lloyds - MoneySavingExpert.com Forums

The judgement from the berwick case is attached below

[Guest]

Given that this is MSE, do we know what her POC looks like? She should object and then pay particular attention to her POC.

A bit odd that a judge should reference a small claims case however, although not unprecedented and perfectly within the power of a District Judge.

Presumable now MSE will wash their hands of this one.

[Amethyst]

It appears theres another 3 of these orders been received by other claimants.

The use of Moneyclaim online seems to be a contributing factor, so each claimant should be submitting revised particulars with N244 within the 7 days.

The POC should be revised to counter the arguments put forward in the berwick case, namely that the penaltys are charged for a breach of contract....and additional information on the OFT Guidelines ?

[Celestine]

Hull Strikeout Orders- 4th July 2007
If you are one of the claimants who has received an order from Hull County Court threatening to strike out your claim on the 4th July, please contact us urgently by email.

The Consumer Action Group and MoneySavingExpert.com are organising a challenge to the strikeout threat and are funding legal representation.

We understand that about 20 orders have been issued so far.

We have found 10 of the claimants and would like to contact the rest



Please contact us.

We will need scans of your particulars of claim, the defence which you received and a copy of the order as well as your landline telephone number



Please be warned that we understand that there are some legal firms which are approaching claimants approaching claimants offering to represent them at the strikeout hearing.



We recommend that you do not accept these offers.

Let us handle it for you.

Looks like some sort of CAG/MSE class action!

[Turboman]

Further Hull Developments

BBC NEWS | Business | More bank cases face strike out

(filed at Hull a few days ago re Barclaycard- deemed served June 7th-could get caught up in this in a couple of weeks maybe (hope not)

Turbo

[Celestine]

I think you may just get lucky Turbo.

It is widely expected that the 4th July hearings will be successful at sorting out this strike out nonsense.

Obviously if anything does happen...scream loudly!

[hellhasnofury]

Hello,
I think it is terrible that one person can think they hold the reins on these matters.
I think he must be answerable to some-one. Think about it, we the public pay his wages or does he has some vested interest in the lloyds bank. Maybe he is a shareholder
He should be named and shamed,
The sooner he is towed into line the better for all.

[cinders]

is there any update on these yet? or are we waiting with baited breath for the 4th July?

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