Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Leeds Mercantile Court Hearing 28th June 2007


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6138 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Starter for Leeds Mercantile Court Hearing 28th June:

 

Anybody requiring information regarding the form and procedures should see the sticky thread entitled 'Mercantile Court Guide' http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34297-mercantile-court-guide.html at the top of this forum. Ignore the piece about Commercial and Admiralty (CPR58 & CPR61), but see post no.3 which deals with CPR59 Mercantile Court.

 

Also see the threads entitled 'Mercantile Hearing Leeds 26th April 2007' http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/75786-mercantile-hearing-leeds-26th.html and 'Directions Hearing Leeds' http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/52143-directions-hearing-leeds.html (held on 7th Feb) which is enlightening as to what went on before and at those directions hearing.

 

PS 7/6/07: See the new sticky thread http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/96212-case-management-info-sheet.html

Link to post
Share on other sites

  • Replies 224
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Does anybody know how many cases have been listed to be heard at the 28 June hearing so far?

hi calcualtor

we received our date and cpr form on the 24th may and we are on the list as 123rd person but does also say that alot of these cases may have been settled already and those people have to inform the court asap

hope this helps

thanks ron

just thought id mention they have allocated 1/2 day for all the hearings set for the 28th june

Link to post
Share on other sites

Ron,

 

Thanks for the info.

With a 123 cases listed and still time to go, this is a big hearing.

 

I have seen your note on another thread asking for help with the CPR 59 CMI sheet.

 

PS 9/6/07: The next paragraph is superseded. Go instead to the new sticky thread http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/96212-case-management-info-sheet.html post 15.

 

[if you look at my starter Post 1 on this thread, then go to the sticky thread 'Mercantile Court Guide' http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34297-mercantile-court-guide.html (posts 3 and 5) at the top of this Mercantile forum you will see the CMI sheet uncompleted. There are notes on how to download it if you are unable to take a copy from there. Then at thread 'Mercantile Hearing 20th Feb' posts 12 to 14 are example answers. It sounds a bit complicated at first, but it is not. (All you have to do is match up the item numbers on the uncompleted CMI sheet with the item numbers on the example answer sheet and you have the completed sheet, but make sure you take account of the notes that I have made).

Hope this helps. Post again here if you need anything further.]

Link to post
Share on other sites

Mothership,

 

Has the court asked yo to do both an AQ and a CPR 59 Case management information sheet (CMI sheet)?

 

For the February and April Merantile hearings , the Court only required a CMI sheet. There was no request for an AQ for the Mercantile hearing.

 

The CMI sheet should be submitted to the Court at least 7 days before the hearing so you have ample time yet, although the sooner the better as it may spur the bank into action to settle the claim (send a copy of the CMI sheet to the bank (or their solicitors if they have told you who they are).

Link to post
Share on other sites

Thanks for the quick reply...

 

The Court hearing papers just mentions that the CPR 59 should be sent prior to 7 days before the date. I was a bit unclear as I've seen the AQ's mentioned in relation to Mercantile Court elsewhere. Also I have not received the bank's Defence which I'm told they filed. Is this usual?

 

May I say also that I have come from Penalty Charges and there is little help available on their forums on the subject of Mercantile Court transfers so I've posted there that this website (CAG) has more info. Hope this is ok, as I know there are lots of us in Leeds at least.

 

Thanks

Link to post
Share on other sites

Mothership,

 

I'm glad you found this site and it is of use to you.

 

When cases get transferred to the Leeds Mercatile Court, it is usual for the Court not to ask for an AQ. It is also usual for the Court not to send you the bank's defence even though one has been lodged.

It's a matter of bypassing those and going straight in at the case management conference/directions hearing stage, so all you need to do is complete the CMI sheet and send it to the Court and copy to the bank/or the bank's solicitors at least 7 days before the hearing. You have ample time to do so. Did you get a copy of the bank's acknowledgement of service of the claim? If so it should say on there where documents are to be served (sent).

 

Do you have enough info to be able to complete the CMI sheet? - see post No.1 on this thread.

Link to post
Share on other sites

Hi I am on the list No 149 ( I feel De-ja-vu coming on LOL)

Case no 7QZ23978 Jenny V's Alliance and Leicester.

I hope this goes the same as the last time i did this....Payout in 27 days hopefully!!!

Jenny:o :o

Link to post
Share on other sites

i think there is over 150 im last on the list they are for different banks think there are about 15 for YB most of them are for barclays - hopefully it wont get to the 28th June fingers crossed xxx does anyone know what happened at the hearing on the 26th April at Leeds?

Link to post
Share on other sites

Hi I am on the list No 149 ( I feel De-ja-vu coming on LOL)

Case no 7QZ23978 Jenny V's Alliance and Leicester.

I hope this goes the same as the last time i did this....Payout in 27 days hopefully!!!

Jenny:o :o

 

 

Jenny, it certainly is de ja vu!!!! lol. Are you following me? Im on the list too.

 

Stan

Link to post
Share on other sites

Hi Again!!!!

No I didnt know you were here again too!!!LOL!!! Send me your link so i can keep updated....I hope it goes aswell as last time.

Jenny

Link to post
Share on other sites

Hi all,

 

I am there too on 28th June (not sure what number).

 

Just wanted to clarify, as I getting bogged down in talk of bundles and CMI's among the rest :

What do I actually need to do now - I have recieved the letter from the court -

Do I prepare a CMI and a full Court Bundle based on my case ? Or just a CMI ?

Ive come this far - dont want to mess it up now !

 

Cheers

Fair

Link to post
Share on other sites

Phew!!! So glad I came across this forum. I have been doing my claim using Money Saving Expert site and had been going ok until I got the letter about Mercantile Court and CMI; that sent me into a flat spin. Was really worried about court date and what I had to do before hand until I read this thread about people going to leeds on the same day as me. Am still slightly worried but much less. Thanks everyone! Will I have to say anything on the day?

Link to post
Share on other sites

Just completed my CMI sheet bit of a bind but got a lot of the answers from this site - just been over to Court with it and sent a copy of the same to banks head office in leeds and kirstie ross so they cannot complain that they havent received it. has anyone heard anything from court/bank after filing their CMI ?

Link to post
Share on other sites

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...