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Go Back   The Consumer Forums > The Consumer Forums
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 12th October 2006, 14:49   1 links from elsewhere to this Post. Click to view. #1 (permalink)
hannanshah
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Default I've just been transferred to the Mercantile Court

Here's my original thread:

Started taking on Barclaycard

I received a copy of the order today saying that my claim has been transferred to the Mercantile Court.

I'm only claiming £40 (a lot for a student!) but it's been a load of hassle so far! Hope I can utilise the £9.25 costs per hour!
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Old 12th October 2006, 16:32   #2 (permalink)
keren29
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Default Re: I've just been transferred to the Mercantile Court

Good grief.........Mercantile for £40?!!!

I'd bet this will be settled very very fast!!
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Old 12th October 2006, 17:30   #3 (permalink)
austenpowers
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Default Re: I've just been transferred to the Mercantile Court

Good luck Hannah and 10 out of 10 fpr perserverance! You certainly deserve your 40 quid after all this.
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Old 26th October 2006, 21:42   #4 (permalink)
hannanshah
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Default Re: I've just been transferred to the Mercantile Court

So what happens now? Do I just sit here and wait for the inevitable settlement offer from Barclays?
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Old 27th October 2006, 14:04   #5 (permalink)
file_wizzard
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Default Re: I've just been transferred to the Mercantile Court

Quote:
Originally Posted by hannanshah
So what happens now? Do I just sit here and wait for the inevitable settlement offer from Barclays?
In short yes, however the Mercantile will no doubt indicated that the small claims procedure shall apply to the claim so unfortunately you will not be able to claim preparation costs.
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Old 21st November 2006, 17:03   #6 (permalink)
hannanshah
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Default Re: I've just been transferred to the Mercantile Court

Okay it's been a while now and I've heard nothing since I was told that my case was being transferred to the Mercantile Court. I know the courts are VERY slow but surely I should've heard something by now.
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Old 4th December 2006, 16:54   #7 (permalink)
xfox
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Default Re: I've just been transferred to the Mercantile Court

I'm in for the 11th of Dec 2006
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Old 17th January 2007, 19:23   #8 (permalink)
hannanshah
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Default Re: I've just been transferred to the Mercantile Court

My case was transferred to the Mercantile Court in October. I haven't heard anything from the courts since this order was issued. Is it really supposed to take this long?
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Old 5th February 2007, 02:37   #9 (permalink)
sohoscribbler
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Default Re: I've just been transferred to the Mercantile Court

Me too. Still no word.
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Old 22nd February 2007, 01:30   #10 (permalink)
hannanshah
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Default Re: I've just been transferred to the Mercantile Court

Finally some progress.

I got a letter from the London Mercantile Court 2 weeks ago saying there will be a Small Claims Hearing on this case and several others on 26 February. Basically invites me to attend or submit some written views and states that it is expected that most cases will go through the Small Claims Track.

Then last week I finally got some communication from Barclays making me the inevitable settlement offer. They offered £70 to cover the £40 in charges plus my costs. I wrote back saying that I will settle if they pay me interest on the charges as well as an additional £35 for the appeal I had to make (N244 application) when my case was initially stayed in the County Courts.

I'm obviously expecting them to pay up before this heads into the courts. A bit pathetic that a £40 claim has dragged on for so long and will end up with Barclays paying about £110!
__________________
Halifax - WON £39!
Got back £39 charge after preliminary letter.

Capital One - WON £60!
Got back £40 after preliminary letter.
Another £20 settlement after taking them to court.

Barclaycard - WON £40!
3/8/06 - Court order stayed the claim.
29/8/06 - Enter an application to remove the stay.
2/10/06 - Order issued to remove the stay and transfer the case to the Mercantile court.
6/2/07 - Mercantile Court hearing scheduled for 26/2/07
16/2/07 - Settlement offer from Barclays
23/2/07 - Barclays settle for £110.58.
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Old 23rd February 2007, 14:54   #11 (permalink)
hannanshah
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Default Re: I've just been transferred to the Mercantile Court

I got a phone call from Barclays this morning and they have agreed to settle for £110.58 to cover my costs plus interest. They asked me to inform the court and amend the original settlement offer they sent me with the new amount (cross out and initial the £70), sign it and send it back.

Of course, the settlement offer asked me to keep the terms of the agreement confidential but I crossed that part out in the agreement before signing it .
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Mercantile Court cases and Stays pending a test case [Archive] - Consumer Action Group This thread Refback 9th May 2007 23:16

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