Vs Barclays in the Mercantile

Coombep · 17th January 2007, 20:05

Hi all,

I've only really needed to start this thread as I got the good news on Friday that District Judge Z at Lambeth CC was transfering my case to the Mercantile. Not really what i was expecting as all was going to plan till then and my claim is only for £230 plus £30 Court Fee and Interest at 27.5% (currently £45).

Gonna start being a bit more proactive in getting the bundle together and sending letters to court, OFT, FSA and local MP (some good ones in Liz v Barclays which i hope she won't mind me using).

Any other advice welcomed

Coombep · 18th January 2007, 19:34

Still waiting for my Folio/Case number from the Mercantile, but was thinking that I would send them the following letter copied from Liz Vs Barclays...I've added the bold bit about abuse of power after KAZZAW's experience (see link).

KAZZAW v Lloyds Asset Card - EVERYONE READ POST 15 !!!!!!

DRAFT LETTER:

Dear XXXX

Case number XXXXX

I write with regard to your letter dated 31st August 2006 regarding the transfer of my case to the London Mercantile Court, on the courts own initiative without a hearing.

For your records I would like to advise that I am acting in person. I do not have a lot of money and cannot afford to employee the legal representatives needed at a Mercantile Court to represent my case properly and would like to enquire what provisions there are available to me.

I would like to point out that I am a consumer and in bringing my claim I believed that my case would be dealt with by the small claims court specifically designed to help individuals like myself to achieve justice. I had not anticipated that the claim would be passed to the Mercantile Court and feel that your decision to do so is unfair. Furthermore I feel that I should at least have been consulted in the decision where I could have made my position clear.

The prospect of taking on a huge financial institution with a team of specialist lawyers is daunting in the extreme, however, I must stress that I believe in the justice of my case and so have little choice but to bear the burden which could place myself under huge financial and emotional distress. I would like to make my feelings clear at this time that the burden of any cost should ultimately be borne by the Office of Fair Trading, who have both the power and the resources needed to bring the necessary test case against the banks. I have today written to them regarding this.

Furthermore I consider that the actions of the Defendant in this and many other like cases constitute a strategically deliberate and ongoing “abuse of process” on the basis that it has settled all previous claims of this nature. May I respectfully suggest that it may serve the Court to request that the Defendant file a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled, for the Courts own consideration. I believe that such disclosure will bring an expedient end to this litigation.

For your information I am also writing to both the FSA and my local MP regarding my case.

Yours Faithfully

xxxx

Any thoughts on this approach??

Obviously I'll send a copy to Barclays too...just to rattle their cage.

Coombep · 8th February 2007, 20:08

Its been a while but finally things are moving:

Received my letter from the Mercantile yesterday which states:

..."There will be a small claims hearing in this case and several others which raise the same or similar issues at 9.30am on 20th February 2007. The hearing is intended to give directions for the hearing of some or all of these cases in a way which saves time and expense. It is hoped that all parties will attend but, if this is not practicable the court will be pleased to consider the written views of any partyprovided that these reach the court no later than 14th February 2007".

Also confirms small claims costs apply.

Is this effectively the CMC?
Do i need to take anything with me or submit anything to the court prior to this hearing? I haven't been asked to send a bundle or questionnaire/info sheet as others on this site seem to have.

Also anyone else got a hearing at the same time??

Calculator · 9th February 2007, 09:27

I assume you have read the thread entitled 'Directions Hearing Leeds' (7 February). There are a lot of pages to it so I suggest you home in on say 5th - 8th Feb if you haven't got time to read the lot.

Most of the 99 cases got settled in the days before the Directions Hearing and the handful that didn't seem to have been settled at the Hearing without a fight. (Of those that didn't get settled before the hearing, some only received notification of the hearing 2 days before the hearing. The banks had therefore not had time to settle before the hearing).

I note that you have referred to yours as being a Small Claims Hearing although it does mention 'directions'. This is slightly different to the Leeds hearing where the invite letter definitely referred to a Directions Hearing under the Mercantile Court CPR 59 procedures (CPR = Civil Procedure Rules). The invite letter specifically asked the claimant to submit a Case Management Information (CMI) sheet under CPR 59. (CPR 59 says sumbmit one copy to the Court and one copy to the defendant).

Those who also prepared and submitted a Court bundle wasted their time as it happens. The cases were settled out of Court before it got that far, but may be your hearing will be different? I suggest you have a word with the Courts asap to see what they want and what is intended to happen at the hearing.

A lot of claimants were apprehensive by the fact that their case had been transferred to the Mercantile Court, but in the end it turned out to be the best thing that could have happpened - it was a 'means to an end' as 95% of the cases got settled out of court before the hearing and there seems to have been no problem in the remaining 5% getting sorted at the hearing.

Coombep · 9th February 2007, 12:36

Thanks Calculator.

Have just spoken to the Mercantile Court (letter was headed Royal Courts of Justice Group, Admiralty & Commercial Registry) for clarification, spoke to a very helpful guy called Darren who advised as follows:

The "Small Claims Hearing" is effectively a Case Management Conference, 14 other cases were listed for the same time, 8 of them vs Barclays.

He also confirmed that as I am a litigant in person the responsibility for providing the Bundle lies with Barclays as they have the resources etc.

He also confirmed that both sides must send to the court a Case Management Information Sheet by the required date (14th feb). This was not clear from my letter as my letter only referred me to CPR 59 for guidance. CMIS should also be copied to the other Party.

Apendix 6 of Commercial Court Guide (see HMCS website) has the CMIS which needs completion. I think i have seen some answers in another thread...Case Management Conference 13th Oct.

Darren the Clerk also advised that the best thing to do was to contact Barclays referencing the letter from the court and including an updated schedule of charges...as this may spur them to settle etc. Fingers crossed...

Letter to Barclays will be sent this p.m.

Results to follow

Coombep · 9th February 2007, 14:22

a small glitch...does anyone have a link to Case Management Information Sheet please, as the sheet i have doesn't appear to match with the answers i got from this thtread Case Management Conference 13th Oct.

Many thanks

betty_lo · 9th February 2007, 15:43

Quote:

Originally Posted by Coombep

He also confirmed that both sides must send to the court a Case Management Information Sheet by the required date (14th feb). This was not clear from my letter as my letter only referred me to CPR 59 for guidance. CMIS should also be copied to the other Party.

Apendix 6 of Commercial Court Guide (see HMCS website) has the CMIS which needs completion. I think i have seen some answers in another thread...Case Management Conference 13th Oct.

hello again, and cheers for the letter. i have had a look at the cmis form as filled out in the case management conference 13th oct thread, but this does not seem to be the same form as appendix 6 of the commercial court guide... so to clarify, i have just phoned the LMC and was told that i was not required to submit anything prior to the hearing unless i could not attend.

j.barton1 · 9th February 2007, 16:12

Hi, Coombep. I've pm'd you my completed cmisheet. I was due against barclays on 7th feb in mercantile. they settled a week before. I would edit the sheet to fit your case( remember you can charge lit in person costs @ £9.25per hour now its come to this.) Send it to court and email/fax/post to barclays. then sit back and wait...they will come to you.
Jenny

Calculator · 9th February 2007, 16:28

Additional Note added 18/6/07: There is now a dedicated thread for the CMI sheet Case Management Info Sheet showing the CMI sheet complete with updated example answers and notes for completion.

Original 9 Feb post:
I see that Jenny has provided the CMI sheet.

The following is copied from my entry on page 9 of the 'Directions Hearing Leeds 7 Feb' thread. i hope it may be useful.

For anybody wishing to know more about the Case Management Information Sheet (CMI) and CPR 59 etc:
The Civil Procedure Rules CPR 59, CPR 18, CPR 31 etc are obtainable on Department for Constitutional Affairs - Home Page web site (web site dca.gov.uk). They come in the form of the actual Rule eg CPR 59 entitled 'Mercantile Courts' and a separate 'Practice Direction' sheet (clickable in the top right of the CPR page). Either use the 'Search' facilty on the DCA web home page eg search for 'CPR 59' or to get straight in, forget the home page and go to PART 59 - MERCANTILE COURTS (web site dca.gov.uk/civil/procrules_fin/contents/parts/part59.htm)
Change the 59 to 18 in the www. address to get to Part 18 and change to 31 to get to Part 31 etc. (Once you get into the relevant 'Part', don't forget to click on the top right of the page to get into the 'Practice Directions' document for that Part).
Note that CPR 18 is entitled 'Further Information' whilst CPR 31 is entitled 'Disclosure and Inspection of Documents'. Therefore if you want the bank to provide information, I assume this is under CPR 18. If you want the bank to disclose documents that it has in its possession then I assume it comes under CPR 31.
Anybody wanting the Case Management Information sheet can get it from 'Practice Direction to CPR 59' at Appendix A to that document. Save it on your pc as a pdf file. Open the saved pdf file on your pc, then save it again as editable text (eg on Notepad). Then open Microsoft Word (all files) and you should be able to open the Notepad file. Then save as a 'Word' document and you can fill in the answers.
(PS. You shouldn't need the uncompleted CMI sheet accessed as above if you are using Jenny's already completed sheet)
Another PS: see the thread 'Mercantile Hearing 20th Feb' for a copy of the CPR 59 CMI sheet.

Calculator · 9th February 2007, 17:09

Do you think it might be appropriate to stop this thread here and transfer any further 'posts' to the thread entitled 'Mercantile Hearing 20 Feb'. There is a lot of duplication between the two threads and I assume there will be more than Barclays involved in the 20 Feb hearing?

j.barton1 · 9th February 2007, 17:40

Hi, Good idea...if a mod could merge the 2...if poss.

Jenny

Coombep · 17th February 2007, 15:18

Am pleased to report that I do not have to attend court on Tuesday as Barclays settled yesterday....

Hadn't heard anything from them so rang them about lunchtime yesterday to find out who was dealing with my case etc. Soke to a guy called Dino who seemed slightly concerned that he could find record of my case with only 4 days to the hearing.

He called me back and said he'd email the offer letter which was for all the charges, court fee and statutory interest.

I responded pointing out the following:

1. My claim includes for interest at an annual rate of 27.5%.
2. My Case Management Information Sheet emailed to Mr Ruffhead on 14th February, which supersedes my letter to yourselves dated 9th February 2007, includes for litigant in person costs for research and preparation estimated at £138.75.
3. Confidentiality is unacceptable

Given the above, on the unconditional and irrevocable receipt of £XXX into my Barclays Account I agree to advise the court and withdraw my action accordingly.

Money in acccount this a.m. so letter sent to the court.

Thanks to all who have contributed to this site and therefore helped with this claim. Donation and survey to follow

roboraver · 17th February 2007, 22:40

Hi I don't quit understand how you got the 27.9 percent interest added, I thought it was only 8 percent ?

Coombep · 23rd February 2007, 14:50

Sorry about the delay.

I claimed orginally for 27.5% interest on the grounds of reciprocity, given that this is the interest rate that Barclays apply for "unauthorised" borrowings. My claim also included for Statutory interest at 8% as an alternative should the court deem that 27.5% was not applicable.

Hope this helps.

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