Directions Hearing Leeds

[dixie dean]

Really? Cool...you couldn't PM me yours or the one you copied could you?

[j.barton1]

Hi All, Is there any template letter to fax to the court to let them know i've settled with barclays. Ive had a quick look but couldnt see any.

Thanks

Jenny

[JonCris]

jenny do you have cleared funds in your account?

[eratu13]

Just wanted to wish you all good luck. Hopefully this will set the legal precedent we need to force the banks to behave better towards it customers.

 

Sincerest best wishes

 

eratu13

[CrispDust]

Jenny just send a letter with the info on.

I'm going to include a proviso that it is subject to clearance of funds. Or you could ask for an adjournment of a month to alow funds to clear.

 

I noticed that the Barclays cheques were printed on 15/ Jan 07. I suspect the previous cheque book had LOTS of dust on it before, but has since been used up VERY quickly....

DD I have PM'd you a copy of my CMC info sheet. Court don't send you one. Amend to your case. Email and fax a copy to Charlei Sprand or Tony Lombardi.

[jb79]

Well I have 7 days to consider Mr Lombardi's offer, I'll decide after the hearing as I have the option. I am unable to settle due to Barclays actions susequent to the claim being raised and unfortunately Barclays seem unable to undo their handy work.

 

Don't want to cry wolf but do we have any friendly barristers that can be used if this goes to court. I wouldn't want to make a mess of the precident.

[too strong]

I seemed to have misplaced my CMC sheet, is there anyone else on the list who are up against Capone?

[j.barton1]

Hi, I havent recieved the chq yet, hopefully monday...it wont clear by wed. I cant imagine the chq not clearing but as crispdust said, should i put something like "subject to cleared funds" or along those lines, they could always cancel the chq if there feeling that way inclined i suppose. i'll type something up tomorrow.

Jenny

[JonCris]

You could phone the court & ask for a continuence of 1-2 weeks on the basis that you are awaiting payment of cleared funds by the defendants. That way your not withdrawing your claim whilst at the same time not wasting the courts time on the day

[junklunacy]

Jenny, you could ask the bank to pay into a specified bank account!

[dixie dean]

Hi, thanks for the help guys. I've completed my CMI sheet and am ready to send it. I can nip to the court on my lunch but just have a couple of queries as well. Firstly, I presume I'm right in sending a copy to the bank's solicitors as well? Secondly, I'm acting on behalf of a friend in this case. Does it matter that he's not gonna be able to attend the hearing (he actually lives in Manchester and it was moved to Leeds (County court first) due to me? As I only recieved notification of this on saturday there is also a chance I may not be able to attend - I think I read on the thread that this would be ok as long as they have my CMI: can anyone confirm this? Finally, as I'm representing my friend, how should I refer to myself on the CMI sheet? On the notice of transfer of proceedings they refer to me as "The Claimant's Solicitor" - is it ok to go with this even though I'm actually his cousin's friend's son and travel agent! I'm gonna call the court to clarify much of this but its a bit difficult from work and they dont open till 10 so I was hoping to get as much info as possible before then.

 

Thanks again and good luck to everyone else.

[Calculator]

Dixie,

To attend the Court to represent your friend, you would need to get the Judge's permission to be your friend's 'Representative'. I did this in respect of my daughter. I asked permission on the basis that had the claim gone forward on the Small Claim's track, there is specific provision for the claimant to take along a 'lay representative' to speak on their behalf. Therefore I did not see why my daughter should be denied the facility through the case being transferred to the Mercantile Court. We received permission.

Not sure how you will stand if you or your friend do not attend the hearing. I would feel uneasy at not doing so unless the Court said it was not a problem. I suppose it depends on what the Judge is intending to do at the hearing and whether he is content to proceed purely on what you have put in your CMI sheet.

[dixie dean]

Thanks for that. I've included the request with the stuff I'm gonna take to the court with me - its very unofficial but hopefully it will do the trick.

[zebbydog]

Having heard nothing from the bank despite accepting their offer over 2 weeks ago,I have just been in touch with the court and they advised if the bank hasnt settled by weds we should attend the hearing.

[CrispDust]

DD, I don't think it is necessary for you to attend the CMC on Wed if you can't (but don't let the bank know that)

The CMC is for the judge to decide how best to procede with these cases, if there are any left to do!

I would fax and email a copy of your CMC info sheet to bank legals asap - it shows you are serious. Hopefully they will get back to you by the end of the day.

Had a message from Charlie boy on my mobile this morning that he hasn't received a returned settlement letter ( I faxed it back 30 mins after receiving it Friday....) Sounded a bit uneasy....

Think I'll let him sweat a little more today....

Withdrawal going into court today.

[dixie dean]

I emailed the info sheet to their legal team and just resisted adding "roll on wednesday" at the end. I'm dropping it in at the court in 10 minutes so fingers crossed that RBS are frantically trying to get this claim paid asap.

[dixie dean]

Does anyone have any idea how long this might take in court on wednesday? It starts at 10.30 and a half day has been allocated. My name was last on a long list - does this mean it will be heard last?

[Bletchley]

Hi everyone,

 

Am I glad I found this thread!

 

This morning I've received a letter from the courts telling me my case has been transferred to the Mercantile Court. Mine's the last claim on the list - 7LS40098 - versus Yorkshire Bank.

 

Obviously, with two days notice, I cannot comply with the court's instruction to hand in my CMI form 7 days before the hearing. I am also left with no time to adequately prepare my relevant documents etc etc.

 

What would be the best thing for me to do now? Maybe to copy the CMI template already posted on this thread and hand it in to the courts tomorrow (I work only 2 minutes away from the Leeds Courthouse)? Maybe I should also try to find out the fax number for Clydesdale's legal team and send them a copy?

 

My claim relates to a VISA card. I've claimed for the charges + 8% APR + court costs... am I missing a trick by not claiming for any interest they've charged me on their charges? And is it too late to sort that now?

 

Thanks everyone!

Bletchley.

[Bletchley]

Sorry, forgot to add that if I haven't received the money I'm claiming by Weds morning, I will certainly be attending the hearing, so see you there!

[Calculator]

Bletchley,

 

The Court told me that the 7 days is not cast in stone.

Yes, take the CMI sheet to the Court asap. Fax a copy to the defendant (the bank) and to their legal team if a separate firm of solictors.

By claiming the 8% simple interest (allowed by the County Court Act) you are in effect claiming compensation from them because they have had the use of your money (the charges) over that period of time. Rather than claiming the 8%, some people have claimed 'contractual interest', ie the lending rate charged by the bank on your overdraft. Not only is it a much higher rate but it is compound interest rather than the 8% simple interest.

My understanding is that if you were to claim contractual interest, I think you would need to know the rate applicable at the time of every charge - the bank will have changed its rate at various times during the last 6 years.

Personally I think it is probably too late in the day for you to change the interest now - you would be amending the claim, although I am not sure if you may be allowed to do that on the Mercantile multi-track ie at item 4 'Statement of Case' of the CMI sheet? Be careful not to mess things up now.

[j.barton1]

Hi All, i still have not received the cheque, possibly tomorrow. If i do the court have said i can halt it for 2 weeks, if i dont receive it roll on wednesday.

 

jenny

[Bletchley]

Thanks for the speedy reply Calculator. It's safest for me to stick with what I've already claimed - no time to go through 176 statements again.

 

I'm going to use the template CMI from Haydn (thanks for posting it, J.Barton1!) and hand it in to the courts. Have also obtained a fax number for YB - 0141 242 4723, so they can look forward to receiving their copy too.

 

See you all in court!

Bletchley.

[too strong]

Settlement has not reached my account as yet, Barclays are cutting it fine.

 

May see you all on wednesday as well.

[dixie dean]

Bletchley, sounds like you're in a very similar position to myself. I dropped my CMI stuff off today and emailed it to the banks' legal team. I also work 2 mins away so I guess I might see you on wednesday. I'd say you have it pretty sussed so just get the info sent and see you in court!

[zebbydog]

Hi All, i still have not received the cheque, possibly tomorrow. If i do the court have said i can halt it for 2 weeks, if i dont receive it roll on wednesday.

 

jenny

 

Thats good Jenny because when I rang the court at lunchtime, they told me to attend if I hadnt got the cheque.Maybe ring them again tomorrow if it doesnt turn up. Bank told me it was sent out last friday