Directions Hearing Leeds

[stan5131]

Jenny. Crikey. Hopefully by the time I get mine, you will be an expert and able to help me lol

[jonm]

I guess the list is extending; I'm number 50 on it, and everyone above is on my list too. Do we have any idea how many times there have been attempts to go Mercantile court, only to have all the cases settle before then? On my list of 50 cases, 2 are already listed as settled. The accompanying letter acknowledges that "some of these cases may have recently been settled and if yours is one it would be appreciated if you could write and confirm this".
Is there any point in sorting out this CMI sheet, or should I expect a settlement offer well before needing to?

Regards,

Jon

[j.barton1]

Hi Stansfield,
I'm glad I'm not the only one confused by the sheet...far too technical for me!!! I'd give the court a ring if i were you, they had told me about the hearing before i'd got the official letter.

Good Luck

Jenny

[j.barton1]

Hi Jonm.. It says in the letter to send the sheet at least 7 days before the hearing, so it would have to go in the next few weeks, I am trying to put mine together just incase, but i am hoping I wont need to rely on it. They could let it go to court, i want to be prepared if they do.

Jenny

[CrispDust]

OK J.barton that PDF document you posted up for CMC has me a tad anxious.
Are there any peeps out there that have compiled all this stuff and put it into plain english?
i'm sure we'd all be very grateful.
Its the middle sections especialyy Disclosure that are double speak.
Any templates or copies of previous submissions available?

[j.barton1]

Hi
I agree CrispDust, we need help here, I was'nt sure if i was me, i'm "glad" were all stuck.lol.
If anyone can help with this, weve got less than 2 weeks to get this in.
Thanks in advanceXX

Jenny

[zebbydog]

Got a letter last week saying we were transferred to Mercantile Leeds.Rang court today and they said our case v Yorks bank will be heard by judge Kay on the 7/2/02 and he will be hearing the cases one after the other on this date. they said some letters giving date of hearing are still to be sent out.

[CrispDust]

Can a mod help us out or point us in the right direction here?

[j.barton1]

Hi, I found a completed cmsheet on the thread in this group by Haydn who's cmc was 13th Oct...I hope its ok to use it...We can amend it to fit our individual cases but hopefully this is the right one..please say if it is'nt!!LOL

Jenny

Case Management Information Sheet

Before His Honour Judge Havelock-Allan QC

Part Filing: Claimants
Solicitors Acting: Claimants in Person
Date


Substance of case.
1. The Claimant seeks repayment of unfair & unlawful bank charges and interest.
Parties
2. Yes
3. No, although Taunton County Court may link other claims.
Statements of Case
4. No
5. Yes. We believe CPR 18 may only become necessary if the Court directs other than to a Small Claim. However, the Defendant has insisted the Claimant complies with the Defendants CPR Part 18, the Claimant therefore seeks the Court to order full disclosure and breakdown of the administrative cost incurred in applying the said charges.
Disclosure
6. Within 7 days of being requested by the Court.
7. No
8. Yes: List of charges made to claimants accounts and in respect of every charge, a breakdown specifying the amount of actual cost to the defendant and the amount of profit added, resulting in the total charge made to the claimant in each and every charge.
9. Yes:
10. (i) Within 7 days of Courts directions
(ii) Within 7 days of Courts directions
Admissions
11. No
Preliminary issues
12. No

Witnesses of fact
13. One
14. Claimant
15. Claimant
16. Within 7 days of Courts directions
17. No

Expert Evidence
18. No
19. No
20. No
21. None
22. N/A
23. No
24. None
25. N/A
Trial
26. 1 hour
27. Within 4 weeks of Case Management Conference
28. Bristol County Court
29. No
A.D.R.
30. No
31. No. The banks have so far refused to attend hearings being content to take
the full period of the process before settling at the last minute.
32.No
33.No
Other applications
34 None.

Costs
35. Claimant in Person costs £9.25 per hour 18 hours research & preparation £166.50
plus £16.00 sundries expense.
36. Attendance in Bristol for Case Management and subsequent hearing total 200 miles
at standard mileage and car park rate. Further costs say 4 hours at hearings plus 4
hours travelling. Plus 10 hours additional research and preparation. Plus £4.00
sundry expense.



Signed Claimant

	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

	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.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[zebbydog]

yes it looks ok to me.big sigh of relief

[stan5131]

Great stuff Jenny. The one problem I have is that the courts havent sent me a CM sheet yet. Do you think i ought to phone them?

[CrispDust]

stansfield, we are in with the big boys here. The legal system does not normally use Mercantile for litigants in person, especially those without legal training, so they are not geared up to help you PROactively, like the Small Claims court. They expect you to know it all from the start.
However I am sure they will be helpfully REactive, if you ask them for information or assistance.

[j.barton1]

Hi Stansfield, I did'nt get mine from the courts either, if you check this thread there is the original which i posted b4, also a completed one.
If you cut it and paste it it'll work fine.
If you want me to pm you with the completed one i've done i will...we are all in this together.
Jenny

[j.barton1]

Hi Stansfield, Did you manage to ring the court and see if you are in with us?
From other posts they are still adding to the list so there's a good chance you are.

Jenny

[too strong]

Originally Posted by j.barton1

Hi, I found a completed cmsheet on the thread in this group by Haydn who's cmc was 13th Oct...I hope its ok to use it...We can amend it to fit our individual cases but hopefully this is the right one..please say if it is'nt!!LOL

Jenny

Case Management Information Sheet

Before His Honour Judge Havelock-Allan QC

Part Filing: Claimants
Solicitors Acting: Claimants in Person
Date


Substance of case.
1. The Claimant seeks repayment of unfair & unlawful bank charges and interest.
Parties
2. Yes
3. No, although Taunton County Court may link other claims.
Statements of Case
4. No
5. Yes. We believe CPR 18 may only become necessary if the Court directs other than to a Small Claim. However, the Defendant has insisted the Claimant complies with the Defendants CPR Part 18, the Claimant therefore seeks the Court to order full disclosure and breakdown of the administrative cost incurred in applying the said charges.
Disclosure
6. Within 7 days of being requested by the Court.
7. No
8. Yes: List of charges made to claimants accounts and in respect of every charge, a breakdown specifying the amount of actual cost to the defendant and the amount of profit added, resulting in the total charge made to the claimant in each and every charge.

Capital One have paid me the charges levied on my account but not the interest. They say they have paid me the courts statutory interest rate at 8% but they haven't.

My question is, how would I adjust the cmc sheet above to reflect that fact?

I am claiming contractual interest by the way.

	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

	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.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[j.barton1]

Hi Too Strong.

I am not sure about that, The hearing is about the bank charges, not the interest...You might have to contact the court...or hopefully someone more knowledgeable can answer.

Jenny

	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.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[bsmotorsport]

could someone post the court phone number up as I dont appear to have it nor have I had my hearing date yet although im on the list.

[mcuth]

Originally Posted by bsmotorsport

could someone post the court phone number up as I dont appear to have it nor have I had my hearing date yet although im on the list.

This page of the HMCS website should help you:
http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

Cheers

Michael

[j.barton1]

Hi, The number i have for Leeds Court House is 0113 3062800.

jenny

[BankFodder]

Originally Posted by too strong

Capital One have paid me the charges levied on my account but not the interest. They say they have paid me the courts statutory interest rate at 8% but they haven't.

My question is, how would I adjust the cmc sheet above to reflect that fact?

I am claiming contractual interest by the way.

Just send a note to the judge explaining that they have part settled your claim but have so far refused to pay interst - (or fixed costs?) and so you want to reduce your claim accordingly but that it is still a live claim.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.