Thread: HELP! My court date is Friday and I dont know what to do!

Guys please help!!

Im very worried! My court date is Friday (15th June), and after the recent bank wins, Im very worried about what to take to court with me, what paper work I need and what defence I should have prepared! Please please please advise!!

Also, what should I expect when i get to court??

As I said, after the recent bank wins I very worried!

thanks

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Originally Posted by Calculator

Which court (ie Mercantile Court or county court) and where?

You have posted this thread in the Mercantile Court forum. If your case is not at the Mercantile Court, I suggest you also ask your question in the General forum if you have not already done so http://www.consumeractiongroup.co.uk/forum/general/ . Post a new thread there.

If your case is at the Mercantile, I don't think you have too much to worry about - it is a hearing not a trial.

Yes its at the Mercantile Court in London. what happens there then?

Although I have experience of the Leeds Mercantile, I don't have any personal experience of the London Mercantile, only what I have read in this forum in the last few months.

As far as I am aware it is a directions hearing similar to Leeds. I stress it is not the trial. The cases that you have probably read about lately where the judge has thrown the case out have been county court small claims 'trials'. Therefore not too much for you to worry about.

You need to look at the various threads on this Mercantile forum. (No point looking at those entitled Leeds, try and find the London ones).

(If you are still in doubt after reading those, post again, but it will be tomorrow when I see).

Originally Posted by Calculator

Although I have experience of the Leeds Mercantile, I don't have any personal experience of the London Mercantile, only what I have read in this forum in the last few months.

As far as I am aware it is a directions hearing similar to Leeds. I stress it is not the trial. The cases that you have probably read about lately where the judge has thrown the case out have been county court small claims 'trials'. Therefore not too much for you to worry about.

You need to look at the various threads on this Mercantile forum. (No point looking at those entitled Leeds, try and find the London ones).

(If you are still in doubt after reading those, post again, but it will be tomorrow when I see).

Thanks for your help, this site aint easy to find your way around! can you send me then link to the Mercantile Forum please

MERCANTILE COURT FORUM
http://www.consumeractiongroup.c o....t-cases-stays/

Originally Posted by Calculator

Bret,

Further to my previous post of this a.m. here is the basic Court Bundle. As I said, I don't think you need it for the hearing, but useful to know what is in it and the principles of your case, eg Unfair Terms in Consumer Contract Regulations, specifically Regulation 5(5) Schedule 2 item 1(e) and law of penalties etc.etc. click here
http://www.consumeractiongroup.co.uk...rt-bundle.html
when you get into that thread, click on the 'Court bundle zip file' (near the bottom of Bookworm's post)

thank you so much for all your help, I will look thru all this stuff this arvo. One more question, at your hearing at the mercandile court, did you hear the outcome straight away or have to go thru more hearings? what was the outcome?

Originally Posted by Calculator

Bret,

Further to my previous post of this a.m. here is the basic Court Bundle. As I said, I don't think you need it for the hearing, but useful to know what is in it and the principles of your case, eg Unfair Terms in Consumer Contract Regulations, specifically Regulation 5(5) Schedule 2 item 1(e) and law of penalties etc.etc. click here
http://www.consumeractiongroup.co.uk...rt-bundle.html
when you get into that thread, click on the 'Court bundle zip file' (near the bottom of Bookworm's post)

sorry to ask again but getting all confused now! what exactly do I need to have prepared for tmrw? the more I read the more confused Im getting!!

Bret,

Sorry, but I have not had any personal experience of London Mercantile.
At Leeds 99% of the cases have been settled by the banks either before or at the directions hearing.

I suggest you take all of your papers that you have got to date with you. I can't say about the Court bundle, I just don't know for sure at the London Mercantile. (If it were Leeds then I would say no need to take it). I think I would take a copy of the Unfair Terms in Consumer Contract Regulations. As I said before, Regulation 5(5) and Schedule 2 item 1(e) are the ones to emphasise. Also the quoted cases under the law of penalties, eg Dunlop etc. Sorry i can't really offer anymore.

Originally Posted by Calculator

Bret,

Sorry, but I have not had any personal experience of London Mercantile.
At Leeds 99% of the cases have been settled by the banks either before or at the directions hearing.

I suggest you take all of your papers that you have got to date with you. I can't say about the Court bundle, I just don't know for sure at the London Mercantile. (If it were Leeds then I would say no need to take it). I think I would take a copy of the Unfair Terms in Consumer Contract Regulations. As I said before, Regulation 5(5) and Schedule 2 item 1(e) are the ones to emphasise. Also the quoted cases under the law of penalties, eg Dunlop etc. Sorry i can't really offer anymore.

thanks mate, you've been very helpful

Good Luck and let us know how you get on.

A final plea to anybody reading this who knows about the London Mercantile, Bret could still do with some urgent advice TONIGHT.

Bret,

I have had some more thoughts;

If you get asked questions,
1. Confirm that your claim remains as submitted on your original claim form and that the principles revolve arround the Unfair Terms in Consumer Contract Regulations (Reg 5(5)) and Schedule 2 Item 1(e)) and the law of penalties.
2. If you are asked by the Judge if you need any further information or disclosure of documents from the defendant, you might consider saying something on the lines that you require the defendant to provide information and documents giving a full Breakdown of the actual cost incurred by the defendant in respect of each of the said bank charges made on your account.

You will no doubt have seen in the media reports that it costs the banks about £2.50 per bank charge.
Item 2 above is aimed that aspect and the fact that the bank charges are unfair charges and also a penalty.

I hope this helps.

Can you let me know you have seen this post as I posted the previous post about an hour ago and I don't want you to miss this latest one.

A final plea to anybody reading this who knows about the London Mercantile, Bret could still do with some urgent advice TONIGHT.

Originally Posted by Calculator

Bret,

I have had some more thoughts;

If you get asked questions,
1. Confirm that your claim remains as submitted on your original claim form and that the principles revolve arround the Unfair Terms in Consumer Contract Regulations (Reg 5(5)) and Schedule 2 Item 1(e)) and the law of penalties.
2. If you are asked by the Judge if you need any further information or disclosure of documents from the defendant, you might consider saying something on the lines that you require the defendant to provide information and documents giving a full Breakdown of the actual cost incurred by the defendant in respect of each of the said bank charges made on your account.

You will no doubt have seen in the media reports that it costs the banks about £2.50 per bank charge.
Item 2 above is aimed that aspect and the fact that the bank charges are unfair charges and also a penalty.

I hope this helps.

Can you let me know you have seen this post as I posted the previous post about an hour ago and I don't want you to miss this latest one.

A final plea to anybody reading this who knows about the London Mercantile, Bret could still do with some urgent advice TONIGHT.

fantastic! thanks mate, I owe you a pint!