Liz v Barclays - Mercantile Court **WON**

[LIZHAJI]

This is my first posting. I have been through the stages written to Barclays and been offered less than half back, so have now gone down the small claims court route. Saturday was the last day then I could apply for a judgement, but I have received a letter confirming they are going to defend the claim, Is this normal for Barclays?

[MCKENNARISE]

To be honest i wouldn't worry to much about that. This happens a lot through various banks etc. The likelihood is, it will never make it to court. Read through lots of threads. There are a few in similar situations as yourself.

[LIZHAJI]

Thanks - I'll keep you and everyone posted on the outcome

[LIZHAJI]

Been off the site for a while as thing between me and Barclays had stopped.
Here's a quick run down.
9th March 2006 - Requested Statements
4th April 2006 - 1st letter to Barclays asking to refund charges
26th April 2006 - 2nd letter to barclays
23rd May 2006 - Barclays offered less than half as gesture of goodwill
25th May 2006 - Rejected barclays offer
June 2006 - stared small claim route via courts
21st July - Barclays defended claim after extension of 14 days
2nd August 2006 - Returned allocation questionnaire, asking for standard disclosure to end this rapidly rather than clog up courts. Sent copy to Barclays and with a letter asking them to settle rather than go to court, but letting them know i was prepared to go all the way if need be.


Then it all went quite - I heard nothig from Barclays or the court. But today I get a letter from the court headed " General form of Judgment or Order" that reads

Before DISTRICT JUDGE JACEY sitting at lambeth county court (then full address).

Upon the courts own initiative without a hearing.

IT IS ORDEREDTHAT

1. This matter be transferred to the London Mercantile Court (ST DUnstans House) forthwith.

Date 25th August 2006


What does this mean ?????

[jimfishybob]

It means that the judge won't allow the case on the small claims track. How much is your claim?

[MARTIN3030]

Liz ....couple of questions.

Is this a current or Business account ?

Are you based in the London area ?

How much is the claim for ?

[alanfromderby]

Unfortunately I have been out of the loop for a few weeks, but certainly it seems odd for a personal case to be transferred to the MC. The only thought is that the judge is trying to force the issue into a court that can set a precedent.

I would expect a settlement to be made, but this may delay things.

[Robertxc]

This happened to a few cases a couple of months ago. It seems that the judge wants to do it in the mercantile court so that they can settle the issue of unlawful charges once and for all. As I recall, it caused a bit of a flap at the time. My guess is that all this will achieve is that Barclays will settle pronto. The last thing in the world which they want is some sort of show trial focussing on their unlawful charges!

[mikejames1]

I am with Barclays & knew they'd be the stubborn type but yes agree with what others have stated, teh bigger it gets the less barclays really should be wanting to deal with it in court as they are in the wrong!

[Robertxc]

Believe me, Barclays will be in a much bigger flap over it than you!

[LIZHAJI]

Thank you all your replies.

Its a personal case
The claim is for £1680.oo, so should be covered under small claims.
I am in London, originally it was allocated to Lambeth

Hopefully Barclays will now pay up, if not I will just have to go to court, if that day arrives hopefully a number of you will kindly turn up as well to give me support.

I'll keep you all updated

[Bookworm]

Don't worry, a few of us wouldn't miss it for the world!

If you have a search for "mercantile", you will find a thread referring to Elliott. These were the first ones who got transferred to Mercantile. Have a read of the thread (quite a long one, it cause a bit of a stir), hopefully, it will help put your mind at rest.

[alanfromderby]

LOL...I don't think the court will be big enough to cope with the demand for seats!!

Originally Posted by LIZHAJI

Thank you all your replies.

Its a personal case
The claim is for £1680.oo, so should be covered under small claims.
I am in London, originally it was allocated to Lambeth

Hopefully Barclays will now pay up, if not I will just have to go to court, if that day arrives hopefully a number of you will kindly turn up as well to give me support.

I'll keep you all updated

[MARTIN3030]

If they held the case at Wembley stadium there would still be a queue to get in !

[LIZHAJI]

Thanks Bookworm, I have read up on the Elliot case and it seems that the Daily mail are monitoring and reporting on bank charges.

When I get a firm court date I may let them know(Daily Mail) to get some publicity for the cause, what do you think?

[Glenn UK]

Liz

Well i am not sure whether i hope you go or hope you dont, having just submitted a claim that is fast track it would be nice if there was case law establsihed the kicked all the banks arguments into touch without me havign to think too hard about such matters.

Anyway heres hoping they do what you want and that its settled.

Glenn

PS ill come if it does go, as long as it doesnt clash with any 'dates' i might have coming up!!

[Bookworm]

Liz, re: Daily Mail, I sugest you talk to Bankfodder, I think he has spoken to the DM a few times before.

[LIZHAJI]

I will drop Bankfodder a PM, to see what he thinks

[Bookworm]

Liz, I'm going to move your thread out of the Welcome forum and into the Barclays one, and give it a more dignified title. You are not panicking, you are relishing the thought of finally giving Barclays the good kicking they deserve.

[LIZHAJI]

Ok thanks, it does sound better