Sarajane v Barclays -Mercantile court allocation - then ***WON***

[caro]

I think it is rather late for a letter. At the bare minimum a phone call to find out what to do, but preferably a visit so that you can complete any necessary paperwork there and then. You need to know why the court has taken this action, and why the mercantile court? I might be wrong, but I thought the Mercantile Court dealt with business claims, which I don't think your case is.

[tigger26]

Just an update

With Bankfodder's generous help, a letter marked Urgent for the request of a set aside of the Order was handed into the local Court today.

Just have to wait to hear what District Judge Green has to say now.

[Mrs Charlton]

Good luck SJ, was wondering what was happening, glad to see you got some help :)

[tigger26]

Well, I never heard a dickie bird from local court.

I got a letter from Mercantile court on 14th, giving date of Case Management Conference for 2nd October.

Again, Bankfodder helped me draft a letter back to Medway to the Judge asking why my apllication for a set aside was not considered & I had a reply from a Clerk in yesterday's mail, saying they are waiting for the Judge's response. :o

So, a letter has been drafted to Mercantile Court London, again with Bankfodder's assistance & Twinkle:p , stating I'm an individual, etc etc, and asking for the banks to make full disclosure & that'll get sent recorded tomorrow.

Just out of curiosity what is a Case Management Conference?

[Number6]

Just out of curiosity what is a Case Management Conference?

 

I haven't read and understood it myself yet - too many things to do! But here's some raw information for you in the hope it might be useful to you or others.

 

D. Case Management in the Mercantile Court

 

D1.2 Multi-track. While all mercantile claims are allocated to the Multi-track, in

practical terms, if the claim is less than £15,000 (see B3.3 above), the Mercantile

judge may well transfer the claim to the County Court allocating the same to the

fast track or give directions more akin to those which would operate under the

Fast-track regime.

 

D2. Key features of Case Management. Not all of the ten key features apply or

apply with the same rigour where Case Management is in the Mercantile Court.

Thus:

 

(1)(a) the Case Management Information Sheet should be

substantially in the form set out at Appendix A thereto.

 

(2) it is sufficient that there be a simple non-controversial

concise List of Issues prepared by the Claimant. It is not necessary for

that to be exhaustive or even for it to be prepared in consultation with

other parties. It is sufficient if the List provides a general idea of the

principal issues in the case.

 

it is not mandatory that there should be a formal Case

Management conference by way of a hearing, and in a straightforward

case it should be possible for the parties to avoid the need for attendance

by submitting agreed directions in advance. Where such course has not

been taken, the parties may be visited with an adverse costs order.

 

-- Whether agreed or not, by (2)(b) the Claimant or other party

applying for a Case Management conference must file and serve a draft

order substantially in the form set out at Annex B thereto, setting out the

directions which that party thinks appropriate. The Court is not obliged

to accept agreed directions and may alter them. It should be noted that

in any event the Court may as part of its general Case Management power

make an order of its own initiative and dispense with attendance. In

either case any party objecting to a direction which has not been agreed or

proposed by that party may apply within 7 days of receiving the order that

it be varied or revoked.

 

-- Even where a Case Management conference does take place by way of

a hearing, while desirable, it is not necessary that attendance should be by

the advocates retained in the case; it is enough that there be attendance by

a legal representative familiar with the case with authority to deal with any

issues likely to arise.

 

D3. Fixing a Case Management Conference.

 

D3.4 Time for application. If proceedings have been transferred to the

Mercantile Court, by PD59§7.3 the Claimant must apply within 14 days of

receiving an acknowledgment of transfer from the Clerk to the Mercantile

Court, unless the transferring Court itself held or gave directions for a

Case Management conference when it made the order transferring

proceedings.

 

D4. Case management system.

 

There is no formal system for team case management applicable to the

Mercantile Court, Birmingham. Ordinarily the Court will endeavour to

list any case management conference and all applications before the judge

who it is anticipated will be the trial judge. The permanent Mercantile

Judge at Birmingham is currently Her Honour Judge Alton. His Honour

Judge McCahill QC also sits from time to time as a judge of the

Mercantile Court. In addition the Court operates a Shared List system

pursuant to which trials may be given a fourth or fifth fixture and be heard

by any of the Specialist Judges ticketed for mercantile work including His

Honour Judge Norris QC (Chancery) and Her Honour Judge Kirkham

(TCC). Details of the Shared List are set out in the attached appendix.

Consideration as to whether a case should be placed in the Shared List will

generally be given at the case management conference.

 

D5. Case Memorandum

 

As set out under D2 above, there is no need to prepare a Case

Memorandum for claims in the Mercantile Court.

 

D6. List of Issues

 

As set out under D2 above, it is sufficient that there be a simple List of

Issues. If it be suggested that there be a trial of a preliminary issue, the

parties should seek to agree whether costs should be in the issue or in the

case.

 

D7 Case Management bundle

 

D7.2(iii) Case Memorandum. See D5 above.

D7.5 Revision and upkeep. The Case Management bundle should be

revised from time to time, but in cases in the Mercantile Court there is no

requirement for continuous revision of the bundle.

 

D8 Case Management conference

 

D8.2/3. Attendance. See D2 above

D8.4 Applications. If a party wishes to apply for an order in respect of

a matter not covered by the Case Management Information Sheet, an

application should be issued to be dealt with at the Case Management

conference.

D8.5 Materials. By PD59§7.7(1)(a) the parties are required to employ

a case management information sheet substantially in the form set out at

Appendix A to PD59.

D8.7(i) The hearing. As to attendance at the hearing, see again D2

above.

[omollmeg]

Gosh Sarajane you've been busy.

I am just about to send all relevant docs to the court and Barclays..

They are dragging all this out a bit.

Good luck

;-)

[rogerebaker]

Sarahjane.

 

Im no expert but have been reading thru loads of threads and am at a very similar stage with Barclays, court date of 23rd Oct.

 

I would be very surprised if it was Barclays that asked for it to be moved. If this was the case they would be doing it for all our claims.

 

I suspect your case has been looked at by a judge that has, off his own back decided to transfer it.

 

It appears in every other case that this has happened it has resulted in a very quick settlement by the bank.

 

Keep us all informed

 

good luck

[MARTIN3030]

I agree.

[rogerebaker]

I know its a completely different subject but worth bearing in mind. Barnet Council decided to take a brave stand and challange tha validity of their parking tickets at the high court in August this year dispite all the evidence that they were wrong.

 

their appeal was thrown out and as a result the whole of the countries parking enforcement is quickly decending into chaos

 

I cannot see for a minute that the banks will let this happen. Imagine they lose a test case at the Mercantile court. The implications are catastrophic for the banks.

 

At the moment the current cases are inconvienient to the banks and financially insignificant. The loss of a test case would change all that.

 

Keep your head up Sarahjane and look forward to your pay day. If it does end up as a test case you will be famous for ever and people will be quoting your name for years to come..

[tigger26]

Thanks for the support Roger & Martin.

Just posted my letter to the Mercantile Court & a copy to Barclays, as directed by the Mercantile Court.

Now, looking ahead, if, Barclays do not settle before the hearing date on 2nd October, what do I need to gather. I've had a nose around & icefall has a good selection of docs, anything else? :o

[twinkle]

Keep going girl

 

I'll race you to the finish

 

twinkle

[Bookworm]

, I've had a nose around & icefall has a good selection of docs, anything else? :o

 

Why, thank you.

 

Pm me your e-mail addy, I'll send you a basic bundle I've put together.

[Mrs Charlton]

Wow Sara, been away for a bit (poorly ) had no idea this is why they were faffing. Crikey!! Go get 'em girl

[tigger26]

Twinkle, who knows what'll happen in 2 weeks time - apart from I'll be a year older - sorry younger .

Bookworm, I didn't mean to cause offence , so many cases to follow, so much advise, so much to take in - only 24 hours a day & boy, I need 8 hours sleep .

Mrs C, hope you are better now . Keep fighting!!!

Thanks girls, your support means a lot

Sara xx

[heidiK]

Sarajane, good on yer for keeping strong and motivated

 

We are all behind you. I have been reading your thread with interest. I have just received an 'acknowledgement of Service' from Barclays so I am sure I will be where you are at soon.

 

Your thread will help so many others

 

Heidik

[tigger26]

Why, thank you.

 

Pm me your e-mail addy, I'll send you a basic bundle I've put together.

 

Bookworm, your email inbox is overflowing :o - I think I did pm you but I was going to do it again, just to be safe

 

Sarajane

[feefofum]

Hi Sarajane, thanks for replying to my thread, GOODLUCK!! you're a much braver woman than I. But I'm right behind you and sending good vibes your way!

 

fee

[tigger26]

Keep forgetting I've got 2 threads now :o (mercantile)

Just to update;

I was gearing up for Monday's case management conference, getting bundle organised & double checking everything with Bankfodder, when I got a 'phone call from Mr Jeremiah (surprise, surprise). His initial Offer was for fees + interest @ 8% + postage costs - couldn't really charge him £35 a letter now, could I??

So he emailed this to me & I was checking with BF that this was OK, when he pointed out I can claim reasonable costs under Civil Prosceedure Rules 48 PD48, as the case had been multi tracked. The set rate is £9.25 per hour. Suggestion of 25 hours since start of claim. So revised counter offer sent by email to Mr J.

At 5.30pm Mr J phoned as he didn't have my email, so I read it to him, he said he'd have to come back to me. When he rang back at 6.20pm he agreed with BF that I can claim reasonable costs but didn't agree with 25 hours. Now hubby wasn't aware about this late development & thought the offer was reasonable, 12 hours, so we accepted. Confirmation email of offer came through almost straight away & we replied asap.

Bankfodder you were right about his sense of humour, when mentioning BAG, he asked if I'd put it up on website yet & I said of course and his last comment was that CAG/BAG frighten him, he's worried their lurking around the corner from his house !!

So I replied Arh, like that advert when the cows have come to claim back what is theirs:D . We laughed.

So money should be in account today, just waiting for it to land now.

I now have a lot of printouts of SOGA, UTCCR, UCTA & OFT statements - any offers;)

[feefofum]

WOWOWOWOWOWOWOWOW!!!!! SO THAT'S A WINNER THEN!! Well done Sara, If I knew where you were right now I'd come up to you in the street and give you a great big hug!!

 

xf

[feefofum]

Oh and yeah, I'll happily take the print-outs from you, though only at stage of sending back AQ so if anyone else needs em more urgently.

[victimnomore]

Congratulations Sarajane!!

 

In my relatively short time on this forum, I've noticed how much peoples confidence increases once they get into battle with the banks and realise what feet of clay these would-be demi-gods have.

 

For interest, I've just looked back at your very first post, back in May. In that you said "Look forward to hearing from someone more savvy than I", well I guess you're the one with the "savvy" now!!

 

Well done.

[flexyg]

Well done Sarajane, you have now given me the confidents to take on Barclays. they offered me a partial offer of £1000 for a claim of £2415, so tempted to take the offer, since i'm a student and a mother and absoluty skint. But your battle has encouraged me.

so im sending my rejection of an offer today. Wish me luck.

[caro]

CONGRATULATIONS

If you remember I told you that your case was likely to be settled sooner because of this action by the court. On this occasion I am happy to say I told you so!

 

While it is fantastic for you it is a shame that a case has still not been tested and I would guess that the other cases destined for this route will also be settled pronto. Still all those cases that were stayed to await the outcome can move again.

[Guest lobster]

Oh and yeah, I'll happily take the print-outs from you, though only at stage of sending back AQ so if anyone else needs em more urgently.

 

soz i need them urgently bundle has to be in on weds!!!!!:o i have pm'd you tigger

[Mrs Charlton]

B*gger I knew someone would beat me to it RE the bundle. LOL.

 

SaraJane a HUGE CONGRATULATIONS to you. :D :D

 

I am so chuffed for you babe.

 

Trace. x