Directions Hearing Leeds

[stan5131]

Great stuff Jenny. The one problem I have is that the courts havent sent me a CM sheet yet. Do you think i ought to phone them?

[CrispDust]

stansfield, we are in with the big boys here. The legal system does not normally use Mercantile for litigants in person, especially those without legal training, so they are not geared up to help you PROactively, like the Small Claims court. They expect you to know it all from the start.

However I am sure they will be helpfully REactive, if you ask them for information or assistance.

[j.barton1]

Hi Stansfield, I did'nt get mine from the courts either, if you check this thread there is the original which i posted b4, also a completed one.

If you cut it and paste it it'll work fine.

If you want me to pm you with the completed one i've done i will...we are all in this together.

Jenny:)

[j.barton1]

Hi Stansfield, Did you manage to ring the court and see if you are in with us?

From other posts they are still adding to the list so there's a good chance you are.

 

Jenny

[too strong]

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.

 

Capital One have paid me the charges levied on my account but not the interest. They say they have paid me the courts statutory interest rate at 8% but they haven't.

 

My question is, how would I adjust the cmc sheet above to reflect that fact?

 

I am claiming contractual interest by the way.

[j.barton1]

Hi Too Strong.

 

I am not sure about that, The hearing is about the bank charges, not the interest...You might have to contact the court...or hopefully someone more knowledgeable can answer.

 

Jenny

[bsmotorsport]

could someone post the court phone number up as I dont appear to have it nor have I had my hearing date yet although im on the list.

[mcuth]

could someone post the court phone number up as I dont appear to have it nor have I had my hearing date yet although im on the list.

 

This page of the HMCS website should help you:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

Cheers

 

Michael

[j.barton1]

Hi, The number i have for Leeds Court House is 0113 3062800.

 

jenny

[BankFodder]

Capital One have paid me the charges levied on my account but not the interest. They say they have paid me the courts statutory interest rate at 8% but they haven't.

 

My question is, how would I adjust the cmc sheet above to reflect that fact?

 

I am claiming contractual interest by the way.

 

Just send a note to the judge explaining that they have part settled your claim but have so far refused to pay interst - (or fixed costs?) and so you want to reduce your claim accordingly but that it is still a live claim.

[CrispDust]

If you contact court can you let them know that quite few claimants have not received notification of the 7th Feb hearing and perhaps they should contact everybody currently on the list again to confirm. I haven't received notification about my Barclays' claim, just the Ikano one, which was settled before I got the letter.

[too strong]

Just send a note to the judge explaining that they have part settled your claim but have so far refused to pay interst - (or fixed costs?) and so you want to reduce your claim accordingly but that it is still a live claim.

 

Thanks for the replies. I actually phoned the court today and they said exactly the same thing.

 

Cheers

[j.barton1]

Hi,

 

I've sent of my case management sheet today, I know its a tad early..but its in now..just more waiting now!!!

Jenny

[CrispDust]

well if you get a settlement I'll put mine in quicker

[CrispDust]

Any word from Barclays yet j.barton?

[j.barton1]

Hi CrispDust,

 

I've not heard anything yet, Have you? Has anyone else been offered settlement yet?

 

Jenny

[androobe]

I've just received notification from the court today that I'm in on this list too... I'm claiming against First Direct. They have made me an offer but it's not for the full amount.

 

Sorry for sounding thick, but do people know how this hearing will work? Does the judge just make a decision that will be the same for all (eg: all charges are unlawful, refund the lot - or all charges should be £5, refund the difference etc.) or am I missing the point?

 

I have a couple of "legal" friends so will try to find out what this judge is like!

[j.barton1]

Hi Androobe,

 

I'm not sure what will happen as most never make it to court. Hopefully we won't get there either but on some posts about mercantile court its not as scary as we think.

 

Jenny:)

[caro]

I don't think any cases will be settled at this hearing. Directions hearing implies to me that the judge will decide how these cases should be dealt with, but I am far from convinced that they will be settled on the day. Having said that I don't think the banks will want to find out what the judge plans, so will settle in advance, possibly even on the court steps on the day. It has been known to happen.

[CrispDust]

"so will settle in advance, possibly even on the court steps on the day"

 

Well court appearance will require some time off from my practice. I'm almost as bad as those legals chaps as I bill at £180 /hr.

So Barclays if you're watching this forum, pay up now or your bill will be considerably bigger.

[zebbydog]

I don't think any cases will be settled at this hearing. Directions hearing implies to me that the judge will decide how these cases should be dealt with, but I am far from convinced that they will be settled on the day. Having said that I don't think the banks will want to find out what the judge plans, so will settle in advance, possibly even on the court steps on the day. It has been known to happen.

 

Spoke to the court today and they confirm what you say Caro.They told me they are still sending out paper work as they have a whole pile of them for 7/2/07.They also told me it would be better to attend if possible.but not essential.But to supply case info sheet with a letter to the court if not possible to attend.

[zebbydog]

As I will be acting as litigation friend for my girlfriend in this case.Should I include this info in the bit that says claimants attending on the cm info sheet?

[JonCris]

Zebby Yes you should otherwise the court might not recognise you. If your GF is not going to be there & although it's short notice (for the court) get a signed written authority from her allowing you to represent her

[caro]

"so will settle in advance, possibly even on the court steps on the day"

 

Well court appearance will require some time off from my practice. I'm almost as bad as those legals chaps as I bill at £180 /hr.

So Barclays if you're watching this forum, pay up now or your bill will be considerably bigger.

 

Regrettably there is a limit to what can be claimed, which was £9.50 an hour, but I think I saw a claim recently where someone got over £10.00 an hour. You would also need to itemise the time and how it was spent.

 

I suggest you start keeping a note of any time you spend on your claim now, although I'm not 100% sure if you can claim costs if your claim would normally follow the small claims track. Another phone call to the court to clarify this may be in order.

[zebbydog]

Got letter from court today saying that "the Judge has asked me to point out that amongst the directions that may be given or considered is allocation to the multi track in accordance with CPR 59 but it may also be appropite to consider orders for consolidation and directions aimed at selecting which is the most lead ,sample or test case or whether appropiate to treat this as Group Litigation"