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Old 7th November 2006, 15:39   #1 (permalink)
lorrs58
Basic Account Customer
Default Mercantile Court - What is this????

Hi,
Just recieved the following letter.

The Judge sitting at the Courthouse considered the papers in the case and ordered that
1) The claim is transfered to the Mercantile Court.
2) The claims are reserved for all purposes to His Honour Judge ______.
3) because this order has been made by the court without considering representation from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the courts (together with any appropriate fee) to arrive within 7 days of service of the order.

What is Mercantile Court??. What must we do now?, apart from panick!!!!!

any advice please!

lorrs
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Old 7th November 2006, 15:48   #2 (permalink)
babsp2000
Classic Account Customer
Default Re: Mercantile Court - What is this????

Hi, I wasn't sure so i googled it! this is what i got, never heard of that b4!
SCOPE OF THIS PART AND INTERPRETATION 59.1 (1) This Part applies to claims in Mercantile Courts.
(2) A claim may only be started in a Mercantile Court if it ---
(a) relates to a commercial or business matter in a broad sense; and
(b) is not required to proceed in the Chancery Division or in another specialist list.
(3) In this Part and its practice direction ---
(a) 'Mercantile Court' means a specialist list established within the courts listed in the Practice Direction;
(b) 'mercantile claim' means a claim proceeding in a Mercantile Court; and
(c) 'Mercantile judge' means a judge authorised to sit in a Mercantile Court.



I guess it just means that because its a business thing you need a specialist?? Maybe?? I dunno?
__________________
Prelim sent to HSBC 10/10/2006 for £5035
no response
LBA sent 24/10/2006
no response
MCOL filed 10/11/2006
MCOL issued 13/10/2006
HSBC acknowledged MCOL 17/11/2006
HSBC entered defence + case transferred 12/12/06

FULL OFFER! Received today 14/12/06

If I have been of assistance, please tip my scales but don't forget, this is only my personal opinion, I'm no legal eagle!

Please sign this petition:
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Old 7th November 2006, 15:51   #3 (permalink)
bong
Guest
 
Posts: n/a
Default Re: Mercantile Court - What is this????

no personal experience of it but there is a separate place in the forum for mercantile cases here http://www.consumeractiongroup.co.uk...t-cases-stays/

you may find some help there in other people's threads
 
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Old 7th November 2006, 16:44   #4 (permalink)
lorrs58
Basic Account Customer
Unhappy Re: Mercantile Court - What is this????

Thanks Bong,

Read a few of the threads on http://www.consumeractiongroup.co.uk...t-cases-stays/

Ever had that feeling "WHY US?"???? we are only mere mortals with 4 kids and a bump.

I am going to try and argue that our case should be heard in the County Court. We are not Big Business our total claim is for 4.5k. We cannot afford the big court.

Will HSBC be as worried as us?
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Old 7th November 2006, 16:55   #5 (permalink)
bong
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Posts: n/a
Default Re: Mercantile Court - What is this????

I wish you all the best, I hope you get it set aside. How old is bump?
 
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