Directions Hearing Leeds

[j.barton1]

Thanks for the replies, funnily enough i've just had a missed call from barclays, could be that they've realised my hubbies wage is no longer going in or it could be something more interesting, customer services couldnt tell me who's phoned and why, the message said they'll try again later. fingers crossed xx i'll keep you posted.

Jenny;)

[j.barton1]

Hi, Still no word from barclays....has anyone started their pack for the hearing yet? If so can you let me know what to put together???

 

thanks in advance

 

Jenny:confused:

[j.barton1]

Hi, Have you all seen bankfodders message saying that with the multitrack claims the litigate in person can claim costs @ 9.25per hour (cpr 48) am i right in thinking if barclays are settling we can claim this too?

Jenny:confused:

[CrispDust]

My claim already includes £80 costs. Since it was a business account I thought it was justified as I took my "professional time" to do all the work and graft.

[kokomar]

hello I'm on the list too! 6LS40694

[stan5131]

Crispdust, I have received a letter from the courts this morning. I am definitely on the list. Also received enc list of other claimants. There are 48 on the list.

[j.barton1]

Hi, My list only goes up to 35 and a few of those have settled, I didnt know they could keep adding to the list..but its a hearing for bank charges so they probably are aware that most of us will not get to court.

Stansfield, how many on your list have settled now?

 

Jenny:)

[stan5131]

Just two.

[stan5131]

You are there jenny vs Barclaycard

[caro]

Don't forget this is a Directions Hearing so my guess is they are going to be considering how to deal with this type of claim generally, so they can keep adding to the list. I don't know that they will necessarily deal with the claims themselves on the day, although you need to be prepared for that just in case the banks don't all settle. (I know it's unlikely).

[Glenn UK]

FWIW

 

Although not mercantile court, my local cc has been hearing multiple bank claims (sorry i meant at AQ/Directions hearings) in the full knowledge that the banks are likely to settle prior to the hearing date.

 

So it seems to me that although it seems to have taken time the courts are resolving the bank problem in their own ways, mercantile being one, striking the defence out is another, ordering standard disclosure, and maybe others.

 

So for all those in the mercantile court, hang in there and keep waiting, its the banks turn to sweat now.

 

Glenn

[j.barton1]

Hi,

I am trying to fill in my case management sheet but i dont understand most of it.

The basics i can do, but i dont understand what "advocates for trial" is or all the section about disclosure. Also is there anything i should put as the substance of the case. I'm getting more worried about this and do not want to fail near the last hurdle...sorry in advance if this is a really simple thing...but i am really not sure about the sheet.

 

Jenny:sad:

[stan5131]

Jenny, ive not got that yet!

[j.barton1]

Hi Stansfield,

 

The one i've got is in this...

http://www.dca.gov.uk/civil/procrules_fin/contents/form_section_images/practice_directions/pd59_pdf_eps/pd59_cmis.pdf

 

Hope that it helps...I'm lost in the lingo!!!

 

Jenny:|

[CrispDust]

You can add one more to the settled list. My claim against IKANO was settled last month.

Suppose I should let the court know....

Going to do my CMC/court bundle at end of the month. No point in doing it any sooner since could be a waste of time. Have tax return to do before then anyway

[stan5131]

Jenny. Crikey. Hopefully by the time I get mine, you will be an expert and able to help me lol

[jonm]

I guess the list is extending; I'm number 50 on it, and everyone above is on my list too. Do we have any idea how many times there have been attempts to go Mercantile court, only to have all the cases settle before then? On my list of 50 cases, 2 are already listed as settled. The accompanying letter acknowledges that "some of these cases may have recently been settled and if yours is one it would be appreciated if you could write and confirm this".

Is there any point in sorting out this CMI sheet, or should I expect a settlement offer well before needing to?

 

Regards,

 

Jon

[j.barton1]

Hi Stansfield,

I'm glad I'm not the only one confused by the sheet...far too technical for me!!! I'd give the court a ring if i were you, they had told me about the hearing before i'd got the official letter.

 

Good Luck

 

Jenny

[j.barton1]

Hi Jonm.. It says in the letter to send the sheet at least 7 days before the hearing, so it would have to go in the next few weeks, I am trying to put mine together just incase, but i am hoping I wont need to rely on it. They could let it go to court, i want to be prepared if they do.

 

Jenny

[CrispDust]

OK J.barton that PDF document you posted up for CMC has me a tad anxious.

Are there any peeps out there that have compiled all this stuff and put it into plain english?

i'm sure we'd all be very grateful.

Its the middle sections especialyy Disclosure that are double speak.

Any templates or copies of previous submissions available?

[j.barton1]

Hi

I agree CrispDust, we need help here, I was'nt sure if i was me, i'm "glad" were all stuck.lol.

If anyone can help with this, weve got less than 2 weeks to get this in.

Thanks in advanceXX:confused: :confused: :confused:

 

Jenny

[zebbydog]

Got a letter last week saying we were transferred to Mercantile Leeds.Rang court today and they said our case v Yorks bank will be heard by judge Kay on the 7/2/02 and he will be hearing the cases one after the other on this date. they said some letters giving date of hearing are still to be sent out.

[CrispDust]

Can a mod help us out or point us in the right direction here?

[j.barton1]

Hi, I found a completed cmsheet on the thread in this group by Haydn who's cmc was 13th Oct...I hope its ok to use it...We can amend it to fit our individual cases but hopefully this is the right one..please say if it is'nt!!LOL

 

Jenny

 

 

 

Case Management Information Sheet

Before His Honour Judge Havelock-Allan QC

 

 

 

 

 

Part Filing: Claimants

Solicitors Acting: Claimants in Person

Date

 

 

Substance of case.

1. The Claimant seeks repayment of unfair & unlawful bank charges and interest.

Parties

2. Yes

3. No, although Taunton County Court may link other claims.

Statements of Case

4. No

5. Yes. We believe CPR 18 may only become necessary if the Court directs other than to a Small Claim. However, the Defendant has insisted the Claimant complies with the Defendants CPR Part 18, the Claimant therefore seeks the Court to order full disclosure and breakdown of the administrative cost incurred in applying the said charges.

Disclosure

6. Within 7 days of being requested by the Court.

7. No

8. Yes: List of charges made to claimants accounts and in respect of every charge, a breakdown specifying the amount of actual cost to the defendant and the amount of profit added, resulting in the total charge made to the claimant in each and every charge.

9. Yes:

10. (i) Within 7 days of Courts directions

(ii) Within 7 days of Courts directions

Admissions

11. No

Preliminary issues

12. No

 

Witnesses of fact

13. One

14. Claimant

15. Claimant

16. Within 7 days of Courts directions

17. No

 

Expert Evidence

18. No

19. No

20. No

21. None

22. N/A

23. No

24. None

25. N/A

Trial

26. 1 hour

27. Within 4 weeks of Case Management Conference

28. Bristol County Court

29. No

A.D.R.

30. No

31. No. The banks have so far refused to attend hearings being content to take

the full period of the process before settling at the last minute.

32.No

33.No

Other applications

34 None.

 

Costs

35. Claimant in Person costs £9.25 per hour 18 hours research & preparation £166.50

plus £16.00 sundries expense.

36. Attendance in Bristol for Case Management and subsequent hearing total 200 miles

at standard mileage and car park rate. Further costs say 4 hours at hearings plus 4

hours travelling. Plus 10 hours additional research and preparation. Plus £4.00

sundry expense.

 

 

 

Signed Claimant

 

 

[zebbydog]

yes it looks ok to me.big sigh of relief