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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 11th November 2006, 19:41   #1 (permalink)
lisaoaks
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Angry Urgent help needed - Case "stayed"



Hello

Please help me as I am completely at a loss as to what to do. Today I received a "General Form of Judgement or Order" from the court. It states that my claim has been passed to another court, and that:

"the claim is stayed on the grounds that the Claimants statement of case discolses inadequate particulars of claim. Unless by 4pm on 29/11/06 the Claimant files and serves a further statement of case that sets out full particulars of the claim, including details of how the figure claimed is arrived at, the claim will stand struck out"

It then goes on to say about a test case in the near future.

I have followed all your steps so far, including dealing with Cobbletts and I cannot afford legal advice. Has anyone else had this problem? I really don't know what to do next. Please advise me - all help gratefully received.

Lisa
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Old 12th November 2006, 17:50   #2 (permalink)
CrispDust
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Default Re: Urgent help needed - Case "stayed"

Did you submit claim online at MCOL?
If so your particulars of claim are limited. You may need to send a paper N1 with a more detailed particulars of claim, including a seperate sheet of the unlawful charges, interest, contractual interest etc.
You do not need to present the actual statements since the defendent already has access to these. If they haven't given them to their legal team, thats their problem. Did you send a list of dusputed/unlawful charges with your prelim and LBA?
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Old 12th November 2006, 18:15   #3 (permalink)
lisaoaks
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Default Re: Urgent help needed - Case "stayed"

Thanks for your reply. I did claim online with MCOL and have now just done a hard copy using the N1 template, which does allow for more info. I am sending yet another schedule of charges with it, and am copying Cobbetts in as well. Do you think this will be enough?

Lisa
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Old 12th November 2006, 20:22   #4 (permalink)
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Default Re: Urgent help needed - Case "stayed"

Make it clear to the court that you have already supplied Cobbets wiht the schedule on XX occasions
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Old 13th November 2006, 18:53   #5 (permalink)
lisaoaks
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Default Re: Urgent help needed - Case "stayed"

Thanks Bankfodder. I have done as you suggested.

Fingers crossed!

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