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The Bank Action Group - against unlawful bank charges
> General > Mercantile Court cases and Stays pending a test case

Mercantile Court cases and Stays pending a test case If you have been transfered to the Mercantile court then you can discuss it here. If your cases has been stayed pending a test casse - then also you can discuss it here.


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Old 20th November 2006, 15:50   #1 (permalink)
kungfujust
Basic Account Customer
Default Kungfujust vs Barclays - £1700

Hi all,
I have taken Barclays to court (on my girlfriends behalf) for £1700 including interest.
The case has now been transferred to the Mercantile court in London (We live in North Wales !)
The letter we have recieved has said there is a ' 30 min Small claims hearing fixed for 15th December 2006 - with no time sceduled '
Do i still need to request a CMC ? or is this it ?
I am a little confused , i have read the other posts regarding this so i am aware of the court bundle i am required to send. Am i still required to send it ? Any help appreciated .

This is my first post but i am an avid reader, and this site really helps for those 'OMG what do i do now !!!!! ' moments.

Cheers all
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Old 22nd November 2006, 11:15   #2 (permalink)
kungfujust
Basic Account Customer
Default Re: Kungfujust vs Barclays - £1700

I have just spoken to the court clerk and this is indeed a CMC, a time has not been decided yet until the day before,
does anyone else have the same date ?
The clerk also said that a court bundle is not required !

We await the reply from Barclays !!!
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Old 3rd December 2006, 15:27   #3 (permalink)
Hanne
Basic Account Customer
 


I am in: London
Posts: 10
Hanne Novitiate
Default Re: Kungfujust vs Barclays - £1700

Hi guys,

My case was transferred to mercantile also - received a letter from them on Friday stating 15th December 2006 is the date of directions hearing ( or sth like that -don't have the letter to hand right now)

Does anyone know if we should all attend? Or should I expect Abbey will want to settle before that date?
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Old 4th December 2006, 17:41   #4 (permalink)
xfox
Basic Account Customer
 


I am in: London
Posts: 62
xfox Novitiate
Default Re: Kungfujust vs Barclays - £1700

mine is on the 11th of dec but want mine to be on the 15th also. Barclays have been settling, however they've added a further £400 since my last claim!! Mercantile said I should adjust my original claim, Barclays say I will have to put a new claim in and they think I can only claim 8% max interest not the 30% Apr I was charged at the time.
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Old 4th December 2006, 18:41   #5 (permalink)
kungfujust
Basic Account Customer
Default Re: Kungfujust vs Barclays - £1700

Hi all,
All i can say is I won't be going as i no longer need to and have therefore cancelled my hearing, and i am very happy !



Good luck to the rest of you !
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Old 4th December 2006, 19:35   #6 (permalink)
xfox
Basic Account Customer
 


I am in: London
Posts: 62
xfox Novitiate
Default Re: Kungfujust vs Barclays - £1700

looks like they bought your silence then.
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Old 5th December 2006, 23:42   #7 (permalink)
james1979c
Basic Account Customer
Default Re: Kungfujust vs Barclays - £1700

hi, just got a letter this morning and my hearing is 9.30am on the 15th december. bit confused as to whats going on really. the letter was very hard to understand. am i right in thinking i don't have to send in the court bundle at this time??? as its been left very late to notify me anyway!

I also don't know if i'll be able to attend.

Help!!
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Old 5th December 2006, 23:56   #8 (permalink)
xfox
Basic Account Customer
 


I am in: London
Posts: 62
xfox Novitiate
Default Re: Kungfujust vs Barclays - £1700

From what i've been told, you are supposed to bring some papers with you to show why you are claiming. So statements and spreadsheet I suppose.
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Old 7th December 2006, 20:01   #9 (permalink)
kungfujust
Basic Account Customer
Default Re: Kungfujust vs Barclays - £1700

Before i became happy ,
I was in a similar situation, i phoned the London Mercantile court and spoke to the clerk, who was very helpful. He told me that the bundle only needed to be supplied by the defendant - his words.
Anyway give them a call and i am sure you will find them helpful. As far as i know i would have just turned up with my list of charges and pleaded my case.

Hope this helps

PS i sent a copy of the court date letter from the courts to Barclays Legal Department, and also included my list of charges + interest at 8% and suggested they might like to settle out of court.
It may help.
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Old 10th December 2006, 12:17   #10 (permalink)
Hanne
Basic Account Customer
 


I am in: London
Posts: 10
Hanne Novitiate
Default Re: Kungfujust vs Barclays - £1700

I was offered to settle in full by Abbey on Friday afternoon ( over the phone) - however when I received the email they had calculated the interest only from the date when i filed Moneyclaim. I have accepted their offer as partial settlement and informed then that I will continue with my claim ( until the resting amount of interest calculated from each date of the offence till 8th dec is agreed to be paid also).

I am hoping to hear from them before 15th !! If not, I spoke to the Mercantile court clerk also - I was told no paperwork is needed from my part - only defendant needs to present their defence bundle.

Will keep you posted regarding settlement - otherwise see you all and Abbey in court on the 15th!
__________________
Hanne
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Old 13th December 2006, 15:35   #11 (permalink)
Hanne
Basic Account Customer
 


I am in: London
Posts: 10
Hanne Novitiate
Default Re: Kungfujust vs Barclays - £1700

Hi all,

Have settled with Abbey now - before the CMC of 15th December! Very very very happy!
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Old 13th December 2006, 17:31   #12 (permalink)
mcuth
Platinum Account Customer
Default Re: Kungfujust vs Barclays - £1700

Quote:
Originally Posted by Hanne View Post
Hi all,

Have settled with Abbey now - before the CMC of 15th December! Very very very happy!
w000t - nice one, congratulations

Cheers

Michael
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Old 13th December 2006, 20:28   #13 (permalink)
james1979c
Basic Account Customer
Default Re: Kungfujust vs Barclays - £1700

i have too with barclaycard!!
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Old 14th December 2006, 00:26   #14 (permalink)
mcuth
Platinum Account Customer
Default Re: Kungfujust vs Barclays - £1700

Quote:
Originally Posted by james1979c View Post
i have too with barclaycard!!
Excellent - more congratulations then

Cheers

Michael
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