Liz v Barclays - Mercantile Court **WON**

[LIZHAJI]

Draft letter below to the OFT, following my case being moved to the mercantile court. Any comments before I send it

 

 

Dear Sir/Madam,

 

I am writing today regarding my claim against Barclays Bank PLC regarding the penalty charges applied to my account unfairly.

 

Following a report by you (OFT) regarding bank charges I followed the route of claiming the monies taken unlawfully from my account via the Small Claims Court. I have now been informed that my case has been transferred the London Mercantile Court at Lambeth County Courts own initiative.

 

Not only my I extremely worried regarding this turn of events, but also now have the added financial risk, which is applicable at a Mercantile Court, which is not relevant at the Small Claim Court level.

 

The fact remains that you the OFT should be taking responsibility and dealing with the banks regarding the penalties they apply to account holders and should not be leaving it to individuals such as myself to bear the burden, both emotionally and financially.

 

Barclays Bank Plc are applying a penalty regime against me and many others which is contrary to UTCCR 1999 and I now write formally to complain about Barclay Bank Plc and request that you investigate my complaint fully and bring a case against the banks at your costs rather than shun your responsibly to consumers by passing the buck and leaving people such as myself in situations of extreme stress and risk, when you have both power and resources needed to take the Banks to Court and ensure that they do not unfairly apply penalties.

 

I have also today written to the London Mercantile Court explaining that you, the OFT, should be bearing any costs involved in my case as you have both the power and resources to do so.

 

Yours sincerely

 

XXXXXXX

 

Just finishing letter to court will ask for comments soon

[LIZHAJI]

Letter to court, any comments before i send it would be appreciated

 

 

Dear XXXX

 

Case number XXXXX

 

I write with regard to your letter dated 31st August 2006, that I receive from the Lambeth County Court transferring 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, 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 must stress that I believe in the justice of my case and so have little choice but to bear the burden, if there are no court provisions available for my use, but would like to make it 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 and have today written to them regarding this.

 

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

 

 

Yours sincerely

[Robertxc]

Liz, don't send it just yet. Have a look at this thread: http://www.consumeractiongroup.co.uk/forum/other-institutions/7223-sandy-gmac-rfc-2.html

 

Also, I'm alerting Zootscoot to your thread, as she has some good advice for this situation.

[LIZHAJI]

OK, on hold until I hear from you

[zootscoot]

Hi Robert and Liz,

 

This is a little different to Sandy v GMAC, with Sandy it was Gmac that wanted the case transferred to the fast track, however, for Liz it is a transfer to the Mercantile court at the request of the court. I'll arrange for this thread to be transferred to the Mercantile Court section in the general forum.

 

Will have a look at the letter in a short while.

 

All the best

 

Zoot

[zootscoot]

I think your letters are fine. (a few typos and grammatical errors in red). I think if I added any legal arguments it would rather undermine your plea of being an individual forced to fight the lawyers in the big court! A couple of suggested modifications below.

 

I think general opinion regarding the transfer of cases to the mercantile court is that either you will get a pay out pretty soon or you will become famous and get on TV for beating the banks. Either way you can get your hair done! Lol

 

All the best

 

Zoot

 

Draft letter below to the OFT, following my case being moved to the mercantile court. Any comments before I send it

 

 

Dear Sir/Madam,

 

I am writing today regarding my claim against Barclays Bank PLC regarding the penalty charges applied to my account unfairly. Claim no XXXXXX Mercantile court, London

Following a report by you (OFT) regarding bank charges, I followed the route of claiming the monies taken unlawfully from my account via the Small Claims Court. I have now been informed that my case has been transferred the London Mercantile Court at Lambeth County Courts own initiative.

 

Not only am I extremely worried regarding this turn of events, but also now have the added financial risk, which is applicable at a Mercantile Court, which is not relevant at the Small Claim Court level.

 

The fact remains that you the OFT should be taking responsibility and dealing with the banks regarding the penalties they apply to account holders and should not be leaving it to individuals such as myself to bear the burden, both emotionally and financially.

 

Barclays Bank Plc are applying a penalty regime against me and many others which is contrary to UTCCR 1999. I now write formally to complain about Barclay Bank Plc. I request that you investigate my complaint fully and bring a case against the banks at your costrather than shun your responsibility to consumers. This passing the buck and leaving people, such as myself, in situations of extreme stress and risk is unacceptable when you have both power and resources needed to take the Banks to Court and ensure that they do not unfairly apply penalties.

 

I have also today written to the London Mercantile Court explaining that you, the OFT, should be bearing any costs involved in my case as you have both the power and resources to do so.

 

Yours sincerely

 

xxxxx

 

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 specilist 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 and my family 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.

 

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

 

 

Yours Faithfully

 

xxxx

[lynzpower]

Shall I pretty much copy this? Or do I need to do something completely different??

[Glenn UK]

Dear Sir/Madam,

 

I am writing today regarding my claim against Barclays Bank PLC regarding the penalty charges applied to my account unfairly. Claim no XXXXXX Mercantile court, London

 

Following a report by you (OFT) regarding bank charges, I followed the route of claiming the monies taken unlawfully from my account via the Small Claims Court. I have now been informed that my case has been transferred to the London Mercantile Court at Lambeth County Courts own initiative.

 

Not only am I extremely worried regarding this turn of events, but also now have the added financial risk, which is applicable at a Mercantile Court, which is not relevant at the Small Claim Court level.

 

The fact remains that you, the OFT, should be taking responsibility and dealing with the banks regarding the penalties they apply to account holders and should not be leaving it to individuals such as myself to bear the burden, both emotionally and financially.

 

Barclays Bank Plc are applying a penalty regime against me and many others which is contrary to UTCCR 1999. I now write formally to complain about Barclay Bank Plc. I request that you investigate my complaint fully and bring a case against the banks at your cost rather than shun your responsibility to consumers. This passing the buck and leaving people, such as myself, in situations of extreme stress and risk is unacceptable when you have both power and resources needed to take the Banks to Court and ensure that they do not unfairly apply penalties.

 

I have also today written to the London Mercantile Court explaining that you, the OFT, should be bearing any costs involved in my case as you have both the power and resources to do so.

 

Yours sincerely

 

xxxxx

 

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 employ 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 specilist 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 and my family 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.

 

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

 

 

Yours Faithfully

 

xxxx

I have made a couple of corrections which I think are correct highlighted in red , hope that helps.

Glenn

[LIZHAJI]

Thank Glenn & Zoot for the corrections to my letter, they will be sent lunchtime.

 

Zoot, how did you know I need a hair cut ??, problem is until I get my money back from Barclays its on hold, hedge and backwards rings a bell

 

Lyzn, I would just copy and paste if I were you, might be worth checking with Zoot as may be able to give you better advise than me

 

Good luck and I will keep you all updated

 

Liz.

[sean28]

Hi Liz, following with great interest as just about to embark on a similar journey.

 

You and all the others going to court are an inspiration to others. I to would feel daunted about going to the Mercantile Court so I know how you feel.

 

Good luck girl I'm right behind you.

 

Sean28

[zootscoot]

I'll second that we're all routing for you!

 

how did you know I need a hair cut ??,

 

Doesn't matter if you need one or not every girl loves to have her hair done! For the banks lawyers, however, they better get one last hair cut becuase they'll have pulled it all out by the time you've finished with them!

 

Lyzn, I would just copy and paste if I were you, might be worth checking with Zoot

 

Its your call Liz you wrote it!

 

Best of luck to you both. You must be terrified. Just shout if you need any help.

 

Zoot

[fate]

Hi all

 

Have been following this thread with interest as I too am tackling Barclays and in a similar postion. Liz, I too was assigned to Lambeth CC but low and behold I got the following in the post today :-

 

---------------------------

 

To all parties

 

As a result of an order made on 11 September 2006, this claim has been transferred to the Central London County Court.

 

---------------------------

 

Short but to the point... don't know if your's was the straw that broke the camel's back or not...

 

Am willing to take a day off should you need some support (i'm sure half this forum would be keen to be honest) but let's hope it doesn't get that far...

[LIZHAJI]

Question

 

It looks like sarajane, Fate and I have all been transferred to mercantile and are all up against barclays. Can the courts pull all three cases together or if not can be request it?

 

Liz

[tigger26]

I can't see a problem but have you or fate got a date for a case management conference yet?

Sarajane

[Number6]

Hi all

 

Have been following this thread with interest as I too am tackling Barclays and in a similar postion. Liz, I too was assigned to Lambeth CC but low and behold I got the following in the post today :-

 

---------------------------

 

To all parties

 

As a result of an order made on 11 September 2006, this claim has been transferred to the Central London County Court.

 

---------------------------

 

Short but to the point... don't know if your's was the straw that broke the camel's back or not...

 

Am willing to take a day off should you need some support (i'm sure half this forum would be keen to be honest) but let's hope it doesn't get that far...

 

Hang on though. Is that exactly what you received? Doesn't say Mercantile Court, it says Central London County Court. Could it be that it's still in the County Court circuit but has been transferred to the defendants "home" court?

 

Can you check and confirm one way or t'other please?

 

Pete

[fate]

the above letter is exactly word for word what i recieved from Lambeth CC.

I'm presuming this is the one, as it states it's a Mercantile Court:-

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/Search.do?court_id=145

 

Sarajane, Liz - Is this where you're been sent?

Sarajane - No haven't got a date set yet - the only information I have is what was stated in my post.

[Number6]

the above letter is exactly word for word what i recieved from Lambeth CC.

I'm presuming this is the one, as it states it's a Mercantile Court:-

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/Search.do?court_id=145

 

Sarajane, Liz - Is this where you're been sent?

Sarajane - No haven't got a date set yet - the only information I have is what was stated in my post.

 

OK, but does the letter you received actually state that it's been transferred to the Mercantile Court?

 

If it just says to the county court then it's not the Mercantile Court. Court buildings have several different classes of court sitting in them, for example the Worcester County Court is in the same building as the Crown Court. So the Mercantile court can be in the same building as the County Court.

 

I think from what you say that you have been transferred in location only at the banks request. Ring the court and check.

 

Pete

[tigger26]

Pete,

I got exactly the same letter from my local court but attached to it was an order stating London Mercantile Court. I didn't think anything of it at the time. But I have got a letter from Mercantile Court, to be sure .

When I went to my local court to hand in a letter, they gave me an address for Central London County Court & it has a different address.

Sara

[fate]

Hmmm - only got the one sheet in my letter and is about as vague as my original post. Just tried Lambeth then but they never seem to pick up the phone there for some reason (probably too busy in the post room). Will just have to await to recieve more information or may try Central London County Court within a couple of days if I don't hear anything. Just seems a bit odd to refer it to another County Court when Lambeth is a London borough anyhow...

[LIZHAJI]

I posted my claim via moneyonline, they allocated it to Lambeth then I got the letter from Lambeth saying it had been transferred to the London Mercantile.

 

I have not heard anything since, waiting to hear from the Merantile court, with a date for the case management etc etc

[tigger26]

Liz, Fate,

How do you feel about 'grouping' together?

I had 7 days to reply to local courts order for transfer, I did reply - but it was transferred anyway :o . Mercantile wrote with new Folio number within 7 days.

As long as Lambeth hasn't mislaid any paperwork, I would assume the same time period for you both. Liz I would have thought you'd have a date by now & hopefully, Fate, you'll get yours before 2nd October.

Bankfodder has suggested that he thinks they will be heard together.

[fate]

Yeah, sounds like a plan.

That's if mine is Mercantile as Pete seems to think it may not be but it just seems a bit too coincidental that two different cases against Barclays at Lambeth have been transferred within days of each other - I'm going to give them a call tomorrow to make sure (offices are closed now). Will let you know as soon as I know myself.

[LIZHAJI]

I haven't heard from the merantile yet, but I agree we should group together.

 

I will call the courts tomorrow to chase them up, got to go now and pick the kids up from after school club

 

Liz.

[crusty git]

Liz Save me a seat please

 

J

[file_wizzard]

File_Wizzard v Barclays (Woolwich) also transferred to Mercantile from Bow county court on the 20-09-06