consumer forums consumerforums Total Bank Charges Returned : £16595128 to 9717 people. The Consumer Forums  
Bank Charges Refunds Survey | 'Buddy' System | Get an email address | Site Map | Registration Problems | FAQ


CAG Products - We think that these will help you to make your claim or Reclaim your Right

These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit Small Claims Court Guide CallBurner - Skype
CallRecorder Review
Last Will & Testament Kit Fight a Motoring Ticket
 
Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here


UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki

N.B. Please note - due to postage costs these products are only available in the U.K.



Consumer Action Group envelope labels
You are part of a community of over 185,000 people.
Let your bank know that you won't give in.
Display one of our labels on your envelopes.
Full description here
Sheet of 20 self-adhesive envelope labels
£3.50 inc p&p





Reclaim the Right!
The Lawpack Small Claims Kit contains everything you need to get your bank charges refund. Sample forms, Instruction manual, template forms and an entire set of court forms in .PDF format on CDRom.

Just type in the details of your claim and print them out.


Reclaim the Right!


Sue your bank as often as you like with one Lawpack!!

With a Lawpack and Patricia Pearl’s book on Small Claims, you have everything you need to get your unfair bank charges refunded or assert other consumer rights.
(England & Wales only)

CAG Forum Users Price £11.99
(click image to buy)
Plus £1 P&P



Reclaim the Right!


Small Claims Procedure by Judge Patricia Pearl
An excellent guide for the layperson
Not for use in Scotland
Read BF's Review Here




Stand up to Telephone Harassment

If you use Skype -
Record your phone calls with CallBurner
It's Hot!

Click below to download your
14 day trial copy
CallBurner
Skype CallRecorder download


Read the
Explanation and review here
£31.96 - includes 20% CAG discount
(normally £39.95)

We've managed to negotiate a discount for CAG Users on DIY 'Willpacks'


Click on the image to purchase a Wills kit - £12.99 + £1.00 pp

Remember...you can't take your reclaimed bank charges with you ;-)



Do your Internet search here



Reclaim the Right Ltd. - reg.05783665 in the UK
reg. office:- 923 Finchley Road London NW11 7PE
Do your Internet search here:-
Come and chat with us here (NB: External site NOT affiliated with CAG)

  CAG Announcements
 
Welcome Guest
Please register
Registration is free
There are no charges for using any of the facilities of this website.
If this is your first visit, be sure to check out the FAQ. You will have to register before you can post. To start viewing messages, select the forum that you want to visit from the selection below.
You will also have to register to access our template letters and claims forms
registration is free
Are you being threatened over debts more than 6 years old?
This may be unfair
See our new Unfair Trading Guide
Bought an extended warranty?
Not satisfied?
The warranty may be an example of unfair trading
See our new Unfair Trading Guide
Have you been defaulted?
Would you like to clean up your credit file?
Check it out
Are you a victim of unfair trading?
Check it out
The Consumer Protection from Unfair Trading Regs 2008
Have you been defaulted?
Would you like to clean up your credit file?
Check it out
 
Bank Action Group Debt Action Group
 

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.


Welcome to The Consumer Action Group

and
The Bank Action Group


Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

Why don't you come and introduce yourself in the Welcome section at the top of the forum. Then have a look around the rest of it.
Do not post or start claiming until you have read the entire FAQ section and step by step guides and you have a good basic idea of what to do and of the layout of the forum.
Good luck claiming your bank charges.
We strongly suggest that you register under a UserID and not your own name

Reply
 
LinkBack Thread Tools
Old 29th October 2006, 23:02   #1 (permalink)
marcopolo
Basic Account Customer
Default CG vs Citi - Mercantile Court

I thought that I would start a new thread as my case has now been transferred to the Mercantile Court in London. I am just in the process of writing to the Court to request a case management conference as I am required to do. Will keep you posted and updated
marcopolo is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 29th October 2006, 23:09   #2 (permalink)
zootscoot
Platinum Account Customer
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Jun 2006
Posts: 6,934
zootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritative
Default Re: CG vs Citi - Mercantile Court

Best of luck Marcopolo!

There will be many wishing you well for this one.

All the best

Zoot
zootscoot is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 4th November 2006, 13:39   #3 (permalink)
marcopolo
Basic Account Customer
Default Re: CG vs Citi - Mercantile Court

Here is a letter which I have drafted and sent to the Mercantile Court to expedite my Case Management conference, hope it may be of help to others

I am writing as required to apply for a case management conference in relation to my case. I would respectfully ask the court to note that I am a litigant in person and have limited knowledge of the procedural rules and requirements. I have obtained a copy of “the Admiralty and Commercial Courts Guide” which I am using to inform me of the relevant processes. I would request that it be so ordered that the Defendant in this case, being a large multinational organisation with access to substantial legal resources, draw up the required memorandum. With this in mind I would also request that the Court so orders that in this case the bundle be drawn up by the solicitor’s for the Defendants.


I would kindly request that the court please forward any correspondence from the Defendant which it receives in relation to my case. Additionally I would request that standard disclosure be ordered in this case in particular the actual costs of the Defendant in managing the penalty charges in question. I would also bring to the courts attention that the defendant is routinely asking for their evidence to be received secretly and in private. They have done this in over a dozen cases of which I am aware although I know of only one case so far where this was granted. I am concerned that they will request the same at the mercantile court.

If this is the case then I wish respectfully to make my objections known now:

If the Defendants ask that their evidence be received in secret without any opportunity for myself or any other person to have an opportunity to examine it in advance of the hearing. Furthermore I understand that it would not be possible to carry out any cross-examination in respect of that evidence and that I would have no opportunity to have the evidence scrutinised by my own expert or an independent expert, despite the fact that the defendant's evidence is likely to be of a technical nature.

I wish to object to the defendant’s request if so made. It cannot be in the interests of the Overriding Objective to allow secret evidence to be taken. Furthermore the question we are deciding is the lawfulness of the defendant's penalty charge system. The defendant claims that their evidence is" commercially sensitive". However the question of the defendant's penalty charge regime does not refer to their core business. This is confirmed in the report of the Office of Fair Trading's report to which the defendant often refers in their defences. Whilst it could well be the case that information relating to the defendants core business could indeed be commercially sensitive, the question of penalty charges relates to an incidental aspect of the defendant's business -- and which if the defendant is to be believed, produces no profit at all as according to the defendant, their penalty charges merely cover their administrative costs. It is also true to say that the defendant has in the past claimed that their costs are merely in line with those of other similar organisations. Clearly then, the defendant's penalty charge regime is not a competitive matter, according to the defendant it brings them no profit and therefore there can be no grounds for saying that the information is commercially sensitive.


Can I please request that the following dates be avoided for any proposed Case Management conference:

I am grateful to the Court for their patience and indulgence in view of my status as litigant in person. Thank you for your time and assistance.
__________________
First Direct - Settled in full
Lloyds TSB - AQ completed Central London CC
RBS - Settled in full
Morgan Stanley - Settled in full
Capital One - Settled in full
Citi Cards - Transfered to Mercantile Court 19/10/06
Nationwide - Settled in full
Capital One Acct 2 - Prelim letter
marcopolo is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 4th November 2006, 14:13   #4 (permalink)
zootscoot
Platinum Account Customer
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Jun 2006
Posts: 6,934
zootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritative
Default Re: CG vs Citi - Mercantile Court

Hi Marcopolo,

A good letter apart from the part about court bundle. You are required to do your own bundle. See here for guidance:

Basic Court Bundle

Have you been in touch with Bankfodder yet?
zootscoot is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 6th November 2006, 23:04   #5 (permalink)
pj41
Classic Account Customer
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: May 2006
Posts: 199
pj41 Novitiate
Default Re: CG vs Citi - Mercantile Court

Hi Marcopolo,

Good luck and keep us posted.


Cheers

Pj41
pj41 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 8th November 2006, 23:52   #6 (permalink)
marcopolo
Basic Account Customer
Default Re: CG vs Citi - Mercantile Court

My letter to the CMC, copied to David Travis was sent a week ago, still no word from either court or Citi? BF is this normal. What else apart from reading threads and the CMC rules should I be doing to prepare?
marcopolo is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 8th November 2006, 23:53   #7 (permalink)
marcopolo
Basic Account Customer
Default Re: CG vs Citi - Mercantile Court

Sorry Zoot, been reallybusy so have not answered yes took some advice from BF. Just a waiting game I guess
marcopolo is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 18th November 2006, 16:52   #8 (permalink)
marcopolo
Basic Account Customer
Default Re: CG vs Citi - Mercantile Court

Have now had a date through 5th of December 2006 at the London Mercantile Court.
marcopolo is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 19th November 2006, 16:01   #9 (permalink)
gizmo111
Platinum Account Customer
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Jun 2006
Posts: 9,363
gizmo111 Authoritativegizmo111 Authoritativegizmo111 Authoritativegizmo111 Authoritativegizmo111 Authoritativegizmo111 Authoritativegizmo111 Authoritativegizmo111 Authoritativegizmo111 Authoritativegizmo111 Authoritativegizmo111 Authoritative
Default Re: CG vs Citi - Mercantile Court

Is this a full hearing marco?
gizmo111 is online now  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 19th November 2006, 16:33   #10 (permalink)
marcopolo
Basic Account Customer
Default Re: CG vs Citi - Mercantile Court

Listed as 30 minute small claims hearing, I am assuming it is a case management conference.
marcopolo is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 4th December 2006, 00:48   #11 (permalink)
marcopolo
Basic Account Customer
Default Re: CG vs Citi - Mercantile Court

Well Citi have not replied to my last letter to attempt to agree directions so looks like the case management hearing will be going ahead on Tuesday.
marcopolo is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 4th December 2006, 19:49   #12 (permalink)
marcopolo
Basic Account Customer
Default Re: CG vs Citi - Mercantile Court

Spoke with the court today and it is just me and Citi only for directions, the hearing is in Court 1 and scheduled to last 30 mins at 10:30am
marcopolo is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 4th December 2006, 19:55   #13 (permalink)
mcuth
Platinum Account Customer
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Feb 2006
Posts: 1,840
mcuth Highly informativemcuth Highly informativemcuth Highly informativemcuth Highly informativemcuth Highly informativemcuth Highly informativemcuth Highly informative
Default Re: CG vs Citi - Mercantile Court

Good luck for tomorrow then - will look forward to your update!

Cheers

Michael
mcuth is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 4th December 2006, 20:52   #14 (permalink)
zootscoot
Platinum Account Customer
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Jun 2006
Posts: 6,934
zootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritativezootscoot Authoritative
Default Re: CG vs Citi - Mercantile Court

Best of luck marco!
zootscoot is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 5th December 2006, 15:40   #15 (permalink)
marcopolo
Basic Account Customer
Default Re: CG vs Citi - Mercantile Court

Update, had my Case Management Conference today in front of His Honour Judge Mackie QC, (very pleaseant man). Citi did not turn up!!! The judge appeared less than impressed with this and even asked for their telephone number not sure if he was going to call them or not. The judge made a directions order which I am quite happy with and I will be sending this off to Citi today, do not want to put the full details on here as this would not be fair to Citi. No trialbefore Christmas though
marcopolo is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 6th December 2006, 00:31   #16 (permalink)
mcuth
Platinum Account Customer
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Feb 2006
Posts: 1,840
mcuth Highly informativemcuth Highly informativemcuth Highly informativemcuth Highly informativemcuth Highly informativemcuth Highly informativemcuth Highly informative
Default Re: CG vs Citi - Mercantile Court

Quote:
Originally Posted by marcopolo View Post
Update, had my Case Management Conference today in front of His Honour Judge Mackie QC, (very pleaseant man). Citi did not turn up!!! The judge appeared less than impressed with this and even asked for their telephone number not sure if he was going to call them or not. The judge made a directions order which I am quite happy with and I will be sending this off to Citi today, do not want to put the full details on here as this would not be fair to Citi. No trialbefore Christmas though
Sounds promising marcopolo, specially if you're happy with it.
Keep us updated (def. when you post the directions )

Cheers

Michael
mcuth is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 6th December 2006, 17:21   #17 (permalink)
TideTurner
Platinum Account Customer
 
TideTurner's Avatar
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Sep 2006
Posts: 1,461
TideTurner Highly informativeTideTurner Highly informativeTideTurner Highly informativeTideTurner Highly informativeTideTurner Highly informativeTideTurner Highly informativeTideTurner Highly informative
Default Re: CG vs Citi - Mercantile Court

Good luck marcopolo, is there not a time schedule which must be adhered to in this Court as in a multi track etc?
TideTurner is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 6th December 2006, 17:30   #18 (permalink)
marcopolo
Basic Account Customer