Looks like either way cost might be awarded and in actual fact I believe in the my case, therefore I think to pursue it is the best policy using the relevant case law from the site. Thanks

Thank you for this, I am busy reviewing case law where S32 applies. However does withdrawing my claim leave me exposed? What about proceeding forward with a case that is on first glance is statute barred (although I think there are some arguments against this)

No discussion re mercantile at all, focused on the S32 issues, Counsel had no instructions on this, and no one behind, so could not move to strike out. The DJ said that he would never have ordered a prelim but would have struck out immediately and could not understand the reasons for the hearing. This is why he ordered that the case be adjourned to be heard in front of the judge who ordered the preliminary hearing. The impression I had was that the DJ was not convinved and felt my claim was statute barred. I guess I have a further opportunity to fight this one, but if I risk cost when I could withdraw now and not have any further cost ordered then I might. As previously any advice gratefully accepted.

I have been to a CMC at the London Mercantile. if you want some advice PM me and I can fill you in. Do you know which judge is hearing your case?

Thank you Glenn, Order as follows .... DJ XXXXXXXX considering the action may be statute barred (not withstanding the contention raised by the Claimant in his reply to the Defence that Section 32 Limitation Act of 1980 applies) IT IS ORDERED THAT The hearing be ajourned until the 30th Jan 07 before (the original DJ requesting prelimanry hearing) only with a time estimate of 45 mins (and the Defendant may, if so advised, seek and Order sticking action on the basis that this action is statute barres. Cost reserved I argued that Lloyds being a big bank would have known that they acted illegally and dilberately concealed this fact from me but the DJ was not buying any of it. I am nervous of proceding but if I stand to have to pay the other sides cost regardless I have nothing to lose ANy advice appreciated.

I have had a prelimianry hearing at which the DJ has refereed the case back to the DJ who made the order. Most of the charges predate the 6 year rule and I have tried to use the S32 argument of the Limitation Act. I have a further hearing on the 30th January to argue this point. If I decide to withdraw my claim does that leave me liable for costs from the otherside?

Well done, congratualtions

Sorry, thread is CG vs Citi - Mercantile Court

I have been to the Mercantile and it was not too bad. Do you know if you have Judge Mackie? See the directions on my thread, so far they seem to be working. I would advise going to the court if you can, if you are not there then I think you are at a disadvantage to the other party. If you have any ?'s about the process feel free to PM me

Hi Nikkil, do not phone the solicitors to settle. Which Mercantile Court have you been transferred to? The Court will allocate a Case Management Hearing as a matter of course, there is a letter I wrote to request my own on my thread in the mercantile forum. Do some reading on the forum. There is a great guide to the hearings at the Mercantile Court. And finally we are all here to help you. You may find that Abbey settle before you get to the court point but they should make you the offer first really.

This has been listed as a small claim, however some of the rules are different, for example I have had to serve on City the directions. If you see below the full directions are detailed as showing them now has no bearing on Citi as Brian should has received his copy today (wave eveyone) The directions are as follows:- IN THE HIGH COURT OF JUSTICE QUEENS BENCH DIVISION THE LONDON MERCANTILE COURT HIS HONOUR JUDGE MACKIE QC Between Claimant - and - Citi Cards Citi Financial Europe Plc Defendant ORDER 1. The Claimants “Statement of claim” will be treated as the Reply and be served on the Defendant within 7 days. 2. The Defendant will provide copies of the Terms and Conditions referred to in the Defence to the Claimant within 14 days 3. The Defendant will within 28 days of this order file and serve a response to the Claimants schedule dated the 20th of September 2006 stating in respect of each item claimed; a. Pursuant to what contractual provision such charge was made b. If such charge is alleged to be a pre-estimate of the Defendants loss incurred by the Claimants actions, all facts and matters intended to be relied upon as showing such proper estimate of such loss. 4. The Claimant having indicated that he will be the only witness at trial the Defendant will within 28 days notify the Claimant of the number and names of any witnesses it proposes to call. 5. Each party shall at least 21 days before the date fixed for trial serve on the other copies of all further documents on which they propose to rely and short witness statements form those to be called as witnesses 6. The Defendant is to prepare a trial bundle for use at the hearing (and may, should it succeed in the action, apply for the cost of so doing). 7. The Parties are to apply for the Commercial Court Listing for a half day trial date, such application to be made not less than 35 days and not more than 49 days from the date of this order. Dated 5 December 2006 I would be interested in any comments, especially those form our friendly legal eagles on the contents. If they are legal comments please PM them to me so that Citi is not pre warned. Cheers

The hearing yesterday was only a case management conference to agree directions for evidence not the case itself, still very bizarre that Brian did not turn up as the directions which he will now have seen require them to produce their costings and make a successful challenge by them less likely to succeed in particular as I will have 3 weeks if we go to trial to have thier figures independantly assessed and analysed. We will have to wait between 7 and 9 weeks for the trial itself I am afrais, although I will be contacting Citi again to push them fo rtheir postion as suggested by His Honour in the court room

Yes they are

No none of these I think that this is the way Central London County Court are handling these. I have been to the Mercantile Court today on another case which was transferred. I am more than happy if they want to transfer. Mjanet apologies for posting twice I did go back to see if I could delete but could not work out how. No problem I can understand your nervous,Janet

Have just recieved my notice that I have a preliminary hearing at Central London County Court, 10:30am on the 18th of December 2006 against LTSB. This is to decide the issues and see if the case should be transferred to the Mercantile Court. 1) Is anyone else at Central London County Court on the 18th?? 2) Does anyone have any experience with how LTSB solicitors respond at this stage? Any feedback or comments really greatfully accepted MP

Yes bad manners not even to call. The Judge said he could not even find a number for Brian so I had to look at one of my old letters where Brian had kindly left his direct line, happily passed this on to the Judge would love to know if he actually phoned and to hear the conversation.

I have been allocated a preliminary hearing to decide if my case should be transferred to the Mercantile Court. The hearing is at Central London County Court on the 18th of December at 10:30. Does any one else have the same date at the same court? I have heard that there is a lot of activity around the 18th. Also has anyone had experience as to what LTSB's solcitors do at this stage? Thanks

Yes it is interesting I would love to know why as there is no conceivable reason for them not to try and protect their position and it was very clear that thier absence did nothing for their popualrity amongst the judicary of the Queens Division

Yes not too bad, full post on the mercantile court thread

Update, had my Case Management Conference today in front of His Honour Judge Mackie QC, (very pleaseant man). Citi did not turn up!!! The judge appeared less than impressed with this and even asked for their telephone number not sure if he was going to call them or not. The judge made a directions order which I am quite happy with and I will be sending this off to Citi today, do not want to put the full details on here as this would not be fair to Citi. No trialbefore Christmas though

Sorry where were you in court? Was it anywhere near London as this may be the same team that I will be with tomorrow?!

That is very interesting did Citi not provide any evidence as to thier costs. Can an arbitrary figure be handed down with out any basis in evidence?

Spoke with the court today and it is just me and Citi only for directions, the hearing is in Court 1 and scheduled to last 30 mins at 10:30am

Well Citi have not replied to my last letter to attempt to agree directions so looks like the case management hearing will be going ahead on Tuesday.

The case in Mercantile is mine against Citi, Case Management Conference on the 5th December 2006