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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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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.
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Old 16th January 2007, 07:20   #1 (permalink)
DerekCor
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Join Date: Sep 2006
Posts: 8
DerekCor Novitiate
Angry March Hearing to consider if to stay claim!

Please help!

My daughter is in process of claiming around £900.00 charges back from Abbey and has received General Form of Judgement or Order from her court (Norwich) which has listed a preliminary hearing (5 minutes allowed for hearing) on 29th March 2007 to consider :-

" either to stay the claim pending the decision in a test case involving the defendant or to give directions for this claim to be heard as a test case, and if necessary to reallocate the claim to mult track for that purpose"

I have searched forums but have not come across this particular circumstance. Mostly it appears that recent Judgement forms have stayed claims to Feb or March pending a test case, but none I can find actually that have given a date some three months forward to consider whether to stay the claim pending a test case!

The Order does go on to state that:-

The defendant, no less than 14 days before the hearing, shall file with the court and serve upon the claimant details of any cases proceeding as a test case, the decision in which will determine the issue in this claim. Alternatively the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case.

FYI my daughter did when completing AQ request the court to order standard disclosure etc, as per template in AQ library. I dont know if this would have had any bearing on the court order?

Any help or comment would be much appreciated.

Derek
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Old 17th January 2007, 17:30   #2 (permalink)
carmen.blanch
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Default Re: March Hearing to consider if to stay claim!

hi i too have this letter mine in ipswich, can we request now that this is not done, or dowe have to go through the motions, can we ask at this point it be transfered to mercentille
some one help us please as skint ,,
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