Mercantile Transfer.

[CrispDust]

I have received written notification (eventually) that my case (v Barclays) ahs been referred to the Mercantile.
Does anyone know if ANY similar bank charges case has actually gone before a judge in any form whether pre case conference, case managment etc of hearing itself?
If none, how many have been settled out of court at the Mercantile?
i am minded to write to the judge at Leeds Crown Court, that while I applaud the efforts of the juduciary to force a test case/disclosre/precedent etc, requesting that the case be referred back since none have actually been defended in court.

Any thoughts on this or, or should I just wait for a date and for Barclays to pay up?

[marcopolo]

Only one case has been before the Mercantile as far as I am aware from this site. My case has been transferred to so it means that a batch will be heard at the same time is my guess. I have written to the Mercantile Court requesting my case management conference. There is lots of useful advice on here

[tigger26]

Originally Posted by CrispDust

If none, how many have been settled out of court at the Mercantile?............
Any thoughts on this or, or should I just wait for a date and for Barclays to pay up?

Hi Crispdust,

I'm sure you'll have noticed that all cases transferred to the Mercantile Court have been settled out of court by Barclays - mine, File_wizard, lizhaji & twinkle who was at Cardiff. File_wizard's case management conference was due to be heard with several others - just like mine but Barclays being the sly foxes they are, settled with us prior to the hearing date.

Good luck all the same.

Sara

[CrispDust]

Do I have to request the cae managment conference or will I be notified automatically?
The Court order I received today does mention that i can apply for setaside pf the transfer - is this the thing to do or just go with the flow?
One big concern is with Barclays' habit of cancelling at the last minute, I could lose out big time if I have to cancel a day at work to attend a CMC. I cannot fill it again at short notice if they cancel at the 11th hour.
What chances are there of "sueing" Baclays for this, especially given their weel known and demonstrable pattern (and abuse) of the court system?

[file_wizzard]

Originally Posted by CrispDust

Do I have to request the cae managment conference or will I be notified automatically?
The Court order I received today does mention that i can apply for setaside pf the transfer - is this the thing to do or just go with the flow?
One big concern is with Barclays' habit of cancelling at the last minute, I could lose out big time if I have to cancel a day at work to attend a CMC. I cannot fill it again at short notice if they cancel at the 11th hour.
What chances are there of "sueing" Baclays for this, especially given their weel known and demonstrable pattern (and abuse) of the court system?

1) Technically you should formally request the CMC, however the London Mercantile are taking a pro-active approach to scheduling CMC's in relation to the bank charges claims

2) Yes they will invariably cancel at the 11th hour, however there is actually no strick requirment for you to physically attended the CMC in person (although you should try), alternatively you can forward any matters you wish the judge to consider in written format.

3) the chances of successfully "sueing" for this are virtually nil, although the judge may award costs if it actualy got to that stage upon a formal hearing. (but not for the CMC)

[CrispDust]

In that case I may be better going for set aside and keeping it a local court?
At least I won't waste as much time getting there, if required or wasting if they pay up at 11th hour.
All local court can do is say no I guess?

[CrispDust]

I have just realisied that the Mercantile Court my case has been transfered to, is still in Leeds, not in London. I'd better read up on the differences.
Could anyone point me tosome info sources?
And should I request a CMC? since it is not a London Court.
I have to say, as a litigant in person, I think the court has been a little poor in providing even basic information.

[Michael Browne]

Mercantile Court Guide here:
Publications - Guidance - Mercantile Court Guide

[CrispDust]

Have that, but ta anyways

[CrispDust]

Update:
I feel that i should apply for a setaside for the Judgement order to transfer from Small Claims to Mercantile. Went into the court to today to enquire as to how I should do this and if they had a Mercantile Court guide. Helpful lady didn't have a clue, said it might be N244. She went to find out. No info available about court procedures ("Its normally legally trained people who appear in this court") and she did say that it was an N244, but she didn't want to give me one at the moment because she couldn't find the case number (its different to the county court cae number). She also said there would be a fee, since it was an N244. I asked why this should be since it was the judge who had made the transfer (without explanation) not me. "Would this fee be recoverable from either the court or defendent if I were to gain judgement?" "No"
So its going to cost me £35.
Any thoughts on this or does somebody know different?
I think in the first instance I will just write a letter to judge. But do I write to the county court or Mercantile Court judge?
Anyone else feel this attempt by the Courts to decide this matter is turning into a bit of a farce?

[lorrs58]

Hi Crispdust,

Yeh I am with you. We have just been transferred to Mercantile Court in Leeds. I am going to try and have the hearing kept in the county court. I have checked Form N244.

http://www.hmcourts-service.gov.uk/c.../n244_0400.pdf

anyone got a clue how to fill it in??
We can ill afford £35. We had to borrow money to get it to county court stage, then This!!. We are fast believing that we have once again been CRA@@ed from a great height.
Down but not beaten on with the show We want our money back

Good Luck.
lorrs

[too strong]

Originally Posted by lorrs58

Hi Crispdust,

Yeh I am with you. We have just been transferred to Mercantile Court in Leeds. I am going to try and have the hearing kept in the county court. I have checked Form N244.

http://www.hmcourts-service.gov.uk/c.../n244_0400.pdf

anyone got a clue how to fill it in??
We can ill afford £35. We had to borrow money to get it to county court stage, then This!!. We are fast believing that we have once again been CRA@@ed from a great height.
Down but not beaten on with the show We want our money back

Good Luck.
lorrs

I too have had claims transferred to the Leeds Mercantile.

The court clerk told me that from last week all bank charge claims will be transferred and a case management conference will be ordered on the claims as a rule. So I would not have to write in. You should double check this as the info coming from the clerks can seem a little shakey.

They are doing this because they have so many cases and they are doing weekend overtime to keep up with demand. IF things seem to be moving slowly then now you know why. Just sat here waiting for the letters to arrive.

[CrispDust]

Still no news from Mercantile in Leeds 4 weeks on.
Should I request a CMC to speed things up?
I know technically I should or the defendent, if the claimant doesn't.
Is there a specific form to request the CMC?

[marcopolo]

I do not think that there is a form. See my thread on this forum CG vs Citi - Mercantile. There is a letter which I wrote and BF checked which I sent to the Court. I have a hearing on the 5th of December so that was less than 6 weeks from transfer date

[too strong]

Originally Posted by CrispDust

Still no news from Mercantile in Leeds 4 weeks on.
Should I request a CMC to speed things up?
I know technically I should or the defendent, if the claimant doesn't.
Is there a specific form to request the CMC?

Have you heard from the Leeds Mercantile yet?

Did you request a CMC?

I didn't because I was told by the court staff that it would be
done on our behalf by the judge.

I think another phone call is in order.

[CrispDust]

sent CMC request yesterday.
Suppose the interest keeps racking up...

[too strong]

Originally Posted by CrispDust

sent CMC request yesterday.
Suppose the interest keeps racking up...

Spoke to the Leeds Mercantile today and I was assured that all sixty or so cases that have been transferred will be dealt with this weekend, so will be receiving letter in post next week

[caro]

Any news yet?

[bsmotorsport]

im still waiting on this too?

[CrispDust]

Yes see thread:
http://www.consumeractiongroup.co.uk...ing-leeds.html