Liz v Barclays - Mercantile Court **WON**

[tigger26]

Where IS the Mercantile Court anyway? :-?

 

Royal Courts of Justice Group

Admiralty & Commercial Registry

Room EB13

Royal Courts of Justice

Strand

London

WC2A 2LL

[file_wizzard]

Where IS the Mercantile Court anyway? :-?

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

 

Is where all of our cases have been intialy transfered to, however I am not sure this is where the conference will be held as a lot of their work is being transferred at present apparently

 

EDIT: see above !

[LIZHAJI]

Just had a call from Dan Pope at the Mercantile court..

 

Due to the number of cases currently in the system, I am not needed at the case conference on Monday. ( Due to recent events this is not going ahead)

 

All claims against the banks are being sent over the Judge Machie (not sure on spelling) on Monday.

 

After he has reviewed them all a date will be set or I think he will make a judgement once and for all ..not sure

 

But I have been told to wait and not go to court on Monday, which is a shame as I have just left a message on Mr Jeremiah's voicemail telling I would see hiim on Monday -

[Number6]

[Edited out]

[Number6]

Just had a call from Dan Pope at the Mercantile court..

 

Due to the number of cases currently in the system, I am not needed at the case conference on Monday. ( Due to recent events this is not going ahead)

 

All claims against the banks are being sent over the Judge Machie (not sure on spelling) on Monday.

 

After he has reviewed them all a date will be set or I think he will make a judgement once and for all ..not sure

 

But I have been told to wait and not go to court on Monday, which is a shame as I have just left a message on Mr Jeremiah's voicemail telling I would see hiim on Monday -

 

Bugger!!

[claudiaamber]

Sorry to butt in...but has anyone who has been transferred to the mercantile court had to attend an allocation hearing first? I have started a claim against Natwest and after we have both returned the allocation questionnaire the judge has said the case is unsuitable for small claims and set a date (20th Nov - ages away) for an allocation hearing - can't find anything anywhere on this and don't know what I need to do next...am I going to the mercantile court too?

[zootscoot]

I don't think you are going to the Mercantile court as there would be no allocation hearing if you were ,but simply transferred atthe direction of the court.

 

Do you have your own thread I can advise on there if you post a link

[Glenn UK]

Sorry to butt in...but has anyone who has been transferred to the mercantile court had to attend an allocation hearing first? I have started a claim against NatWest and after we have both returned the allocation questionnaire the judge has said the case is unsuitable for small claims and set a date (20th Nov - ages away) for an allocation hearing - can't find anything anywhere on this and don't know what I need to do next...am I going to the mercantile court too?

 

Could be but do you have a thread with details of your claim posted?

 

It could be that youre going to fast track though so difficult to know.

 

HTH

 

Glenn

[claudiaamber]

Don't know how to set up a link - sorry!

 

But my thread is 'Give up? No chance!' in the Natwest section - it is under £5,000 so I was expecting it to go on small claims track and the judgement talks about considering a test trial case or something along those lines (sorry I'm at work and don't have the paperwork handy) - what's the difference between fast track and small claims?

[Glenn UK]

Claudia

 

go to your thread and click on the (permalink) icon top right of your post. This changes the internet in your internet explorer tool bar, highlight and copy this and past the address in a post of pm so that you can direct people to your thread directly.

 

HTH

 

Glenn

[lynzpower]

cAN i get this right in my head then

 

ALL cases, or only barclays cases are being transferred to judge mackie?

 

Im here, bumbling about dunno whats going on, feel a bit lonesome!

[lynzpower]

Don't know how to set up a link - sorry!

 

But my thread is 'Give up? No chance!' in the NatWest section - it is under £5,000 so I was expecting it to go on small claims track and the judgement talks about considering a test trial case or something along those lines (sorry I'm at work and don't have the paperwork handy) - what's the difference between fast track and small claims?

 

the difference between fast track & small claims as far as I understand it is that in fast track, if you lose you are liable for tiher costs. can anyone confirm

[zootscoot]

if you lose you are liable for tiher costs. can anyone confirm

 

Yes that is correct. There are advantages to Fast-track in that full disclosure is required and they would have to pay all your costs if they lose.

[file_wizzard]

cAN i get this right in my head then

 

ALL cases, or only barclays cases are being transferred to judge mackie?

 

Im here, bumbling about dunno whats going on, feel a bit lonesome!

A number of cases involving various defendants have been passed to Judge Mackie for consideration, at the last count there we 10-15 in the pile, I think some were settled yesterday so the number on his desk is reducing, however it is the principal that is being tested, not a specific Bank / defendant

[file_wizzard]

the difference between fast track & small claims as far as I understand it is that in fast track, if you lose you are liable for tiher costs. can anyone confirm

Technically yes, although if you are acting as a litigant in person this is unlikely as the court would see that it is unrealistic and disproportionate to your means.

[file_wizzard]

may be of interest to some;

 

Judge Mackie QC

 

https://secure.thelawyer.com/cgi-bin/item.cgi?id=110537&d=pndpr&h=pnhpr&f=pnfpr

[feefofum]

hmmm, in theory...... What is likely to happen if Judge Mackie rules in favour of us lot??

a) Would he be able to put some kind of condition on being able to claim back charges? i.e. only those cases that have already been started/stayed/ be paid up?

b) Would all and sundrie now be able to claim back charges easily and simply?

c) Can he put a condition on in that the banks don;t have to pay out for past charges, but cannot continue to charge anymore??

 

What happened with OFT and the credit card companies, are people still claiming the £12 back they now charge, or are they getting somewhere with arguing that this is still a penalty chaarge?

 

Hmmm, my unlegal brain working overtime!

[Glenn UK]

Technically yes, although if you are acting as a litigant in person this is unlikely as the court would see that it is unrealistic and disproportionate to your means.

 

FWIW

 

Typically costs in fast track are limited to a max of 750 should you lose.

 

However, i understand it that the judge could order you to pay the defendants costs where they have been put to extra effort. The example i was given was the cost of preparing the standard disclosure.

 

I understand that if you lost and the defendant applied for their costs and the judge agreed it could amount to several thousands of pounds.

 

Multi track the cost imploications are that everything is up for grabs should you lose.

 

Ultimately there is an element of risk and as said if youre a lititgant in person and acting in good faith then its unlikley that the court would award horrendous costs against you.

 

Note 'unlikely' not impossible.

 

HTH

 

glenn

[claudiaamber]

Claudia

 

go to your thread and click on the (permalink) icon top right of your post. This changes the internet in your internet explorer tool bar, highlight and copy this and past the address in a post of pm so that you can direct people to your thread directly.

 

HTH

 

Glenn

 

OK, here's the link then in case anyone is interested...

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/15110-give-up-no-chance-2.html#post271046

 

Not sure if I'm going to Mercantile or not but looks quite likely judging by the order I've just received (see link) - we'll find out 20th Nov.! (will be watching mercantile forum with interest - Good luck everyone!)

[lynzpower]

no news then since friday???

[keren29]

I was wondering as well, any news?

[file_wizzard]

Judge Mackie was due to review the files today, and will pass a direction from there, I am expecting some feedback either late this afternoon, or early tomorrow morning.

 

Will let you all know from there, also FYI in the end there were about 10 cases with various defendants that went before His Honour Judge Mackie QC for consideration.

[file_wizzard]

UPDATE;

 

I have been informed that Judge Mackie has now reviewed the cases place before him and he has directed that a formal case management conference shall take place on the 18th of October at 10:00 am.

 

Would any parties who’s case have been referred to mercantile, and who wish to take part in this CMC please contact me as a matter of urgency

[tigger26]

What's the bet that Mr J will be calling you on the 16th, with F&F file_wizard :o .

If not, can't wait to hear what the Wunch have got to say for themselves:D . Have you pm'd BF?

[file_wizzard]

Hi Sara,

 

We shall see!!!......have P.M'ed bankfodder, and also had further discussions on how to force the issue of how these charges are calculated.

 

let the games begin !