Help needed case transfered to mercantile court ** WON **

[genesco]

HELP NEEDED anyone My case 6QZ61124 has bee transferred to the Mercantile court, what does that mean what should I do. I haven't got a date yet.
PLEEEASE someone help!

Case transfered from BOW court
upon reading file
It is ordered that
The case be tranfered to the mercantile court
dated 15th november 2006

I'm thinking of phoning Adrian Ruffhead who defended my claim to see if they want to settle in full before having to go to court.

What does anyone think.

[whufc77]

hi genesco

we are in exactly the same boat! case moved from bow court to mercantile court. I am the same as you i have no idea why this has happened. I was on the cag chat room last night and was told that this is being transferred to a court specialising in finance "mercantile". i was also informed that this is great news for me as the courts are looking to make a test case ie get the banks to court to disclose thier charges. now that the case has been transferred to the mercantile court the solicitors will look to payup earlier than normal due to the seriousness of the court status!..

When i find something a little more concrete i will post it on this forum, i also hope that if you find some information you will post it on my forum..

By the way how much is your claim? what bank? and when did you start the ball rolling...

good luck

whufc77

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[marcopolo]

Read through this forum first before deciding waht action to take. My case is up for Mercantile as well and yes there are bigger risks involved and it is a higher court able to set precedent but my advice would be to hold tight and see what the next move is from the bank.

[alanfromderby]

As the case is being transferred on the order of the judge, it is likely that costs would be limited to the amount of the original track.

[genesco]

Just a quick update, barclays settled in full before I even got a court date. When I finally got my court date It was for 15th December.

I phone Barclays when I got the letter of it being tranfered to the mercantile court an they informed me that they were sending me out a letter to settle.

£1200+ SO I WON! YIPPEEEEEE.
I have now emailed the mercantile courts my satisfied settlement letter.

[genesco]

Originally Posted by whufc77

hi genesco

we are in exactly the same boat! case moved from bow court to mercantile court. I am the same as you i have no idea why this has happened. I was on the cag chat room last night and was told that this is being transferred to a court specialising in finance "mercantile". i was also informed that this is great news for me as the courts are looking to make a test case ie get the banks to court to disclose thier charges. now that the case has been transferred to the mercantile court the solicitors will look to payup earlier than normal due to the seriousness of the court status!..

When i find something a little more concrete i will post it on this forum, i also hope that if you find some information you will post it on my forum..

By the way how much is your claim? what bank? and when did you start the ball rolling...

good luck

whufc77

Barclays Bank £1200+ started in 7th september 06

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[mcuth]

Originally Posted by genesco

Just a quick update, barclays settled in full before I even got a court date. When I finally got my court date It was for 15th December.

I phone Barclays when I got the letter of it being tranfered to the mercantile court an they informed me that they were sending me out a letter to settle.

£1200+ SO I WON! YIPPEEEEEE.
I have now emailed the mercantile courts my satisfied settlement letter.

Congratulations - excellent news!

Cheers

Michael

[nikkilbrown]

ive just had my Abbey claim transfered to Mercantile court should i phone the solicitors acting for Abbey to settle out of court or leave it until i hear from the court again?

HELP

[marcopolo]

Hi Nikkil, do not phone the solicitors to settle. Which Mercantile Court have you been transferred to? The Court will allocate a Case Management Hearing as a matter of course, there is a letter I wrote to request my own on my thread in the mercantile forum. Do some reading on the forum. There is a great guide to the hearings at the Mercantile Court. And finally we are all here to help you. You may find that Abbey settle before you get to the court point but they should make you the offer first really.

[donbracho]

where is the link to this great guide to the mercantile court please ? just rang the county court today and case has been transferred

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[roboraver]

Hi Donbracho, calculator posted a excellent reference to the Merc, check the Leeds Merc thread, i think its pages 8 and onwards ! if your case has been transferred then I think you are near the end of the tunnel ! (e.g you can see the light at the end of the long dark tunnel as the banks do not want to turn up at the Merc !)

[donbracho]

hello everyone yeah i checked and read thoroughly now ! thanks i was just panicking big style lol well the funny thing is still havent received their (lloyds) defence or anything have started getting the bundle together though i hope the leeds court arent really slack and send us the info last minute

[dougiedickson]

Hi Me too,
Dickson v TSB bank plc
7QZ38028

Transferred from Nottingham court to Bromley and now to mercantile court
waiting on a date. I aint bothered what they do because at sometime someone has to go to court and it may as well be me cos i do love arguing with the banks lol!

[cassie2006]

Me too. Exactly the same.
Got the letter today from Bromley county Court. Transferred to Mercantile Court.

Do I just wait to hear from them?
Should I be doing something?

Bank: Abbey
Claim: £4236 plus int.

Cassie

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[oliver36]

Glad it's not just me then! I also got a letter from Bromley today to say it was being transferred to the Mercantile court.

[dougiedickson]

Bottom line is as previous threads say, The courts are even hoping someone will make a test case. Friend of mine (legal) told me even the courts are getting fed up with all the cases going to court(or not as the case seems). Its up to you but me personally i'd do nothing and wait, the banks will write to when you get a date as they don't want to go into court either. Hang on in there!

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.