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
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Would you like to clean up your credit file? Check it out | | | | | | | Mercantile Court cases and Stays pending a test case If you have been transfered to the Mercantile court then you can discuss it here.
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Good luck claiming your bank charges. We strongly suggest that you register under a UserID and not your own name |  |
4th November 2006, 13:39
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#3 (permalink)
| | Basic Account Customer | 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. |
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6th December 2006, 00:31
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#16 (permalink)
| | Platinum Account Customer | Re: CG vs Citi - Mercantile Court Quote:
Originally Posted by marcopolo 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 |
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6th December 2006, 17:30
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#18 (permalink)
| | Basic Account Customer | |