Small Claims Hearing London Mercantile 8th May 2007

[Trollsicles]

Received a letter from the London Mercantile Court yesterday saying that my case has been transferred to the London Mercantile Court.

Anyone else in the same boat as me??

 

"There will be a Small Claims Hearing in this case and in several others which raise the same or similar issues at 9.30am on 8th May 2007. The hearing is intended to give directions for the hearing of some or of all these cases in a way which saves time and expense. It is hoped that all parties will attend but if this is not practicable the Court will be pleased to consider the written views of any party provided that these reach the Court no later than 1st May.

 

Although some of these cases have been allocated to the Multi Track, it is the provisional view of the judge that the costs rules for the Small Claims Track should apply to all of them."

 

The unfortunate thing now is that I am going on holiday on 5th May so obviously won't be able to attend, but I am not sure exactly what the letter means by 'written views.' Is this the CMIS that needs completing? If so, does anyone have the link for it please?

I'm a bit worried about informing the court right now that I won't be able to attend, because I don't want Barclays to feel advantaged in any way.

Could do with some reassurance at the moment guys!!

Thanks

Trollsicles

[Calculator]

For the CMI sheet see the thread 'Mercantile Hearing, Leeds 26th April 2007' - look at the first item in the thread which will give you all you need.

I suggest you phone your Court and ask them if they do want a CMI sheet. Leeds and London Mercantile do sometimes vary as regards what they want for the hearing. I also suggest that you sound the Court out about what will happen if you are not able to attend.

The transfer to the Mercantile is a good thing - most of he banks settle before the hearing date as they do not want to have to appear at Mercantile Court.

[BankFodder]

Make sure that you submit our draft disclosure directions.consumer forums

consumerforums

[Trollsicles]

I phoned the Mercantile court and told them I was unable to attend on the date they gave me. They said they hadn't received this information from Uxbridge County Court and emailed back saying they would change the date of the hearing to 17th May 2007. They said I'd get a letter confirming the details and this was on Monday but so far I haven;t received this letter. I have emailed again but not had a reply yet.

 

Starting to panic (again) as I'm going on holiday next week and if any paperwork needs sending in, I'll have to do it all before Saturday as I won't be here.

 

The courts did say that they didn't need ANY paperwork sending in at all, but everyone else (in the past) seems to have completed the CMIS and I can't find this sheet anywhere. I've looked on the courts websites and although I have seen threads with either the questions or answers, but is it a proper Court form? Does anyone have a direct link to it as I'm really stuggling to get this?

Also, is there a link to the draft disclosure directions Bankfodder? I seem to be going round in circles today

[Trollsicles]

Are these the things I need to send to the court and Barclays?

What about that CMIS?

Dear Sir/Madam,

 

YOU v BARCLAYS BANK PLC

In the ***** COUNTY COURT

CLAIM No:*******

I, the Claimant, refer to the claim as detailed above and specifically the Preliminary hearing scheduled for **/**/**.

 

I wish offer my apologies to the honourable court for my non-attendance at this hearing, which is due to... (add reason). As such, pursuant to the order made by district judge ****** on **/**/**, I wish to make my written representations as to how this claim should proceed.

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made as per the attached draft order.

 

If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundemental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendent as a result of the contractual breach from which its charges arise. If the Defendent cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles establised since the early 1900's.

 

- In the event that the Defendents charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

A copy of this letter and draft directions has also been sent to the Defendent.

 

 

Yours faithfully

In the XXXXXX County Court

Claim number XXXXXX

 

 

 

Between

XXXXXXXX - Claimant

and

XXXXX - Defendant

 

 

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[Calculator]

The CMI sheet is a Court sheet. you will find it in the sticky thread 'Mercantile Court Guide' http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34297-mercantile-court-guide.html at the top of this Mercantile forum page. (I put it there - see post 3 of that thread. I have also given a reference to where you can see example answers to the questions on the CMI, ie 'Mercantile Hearing 20 Feb' (read all posts on that thread).

I hope this helps.

If you do send the CMI sheet to the Court, also send a copy to the defendant.

[Trollsicles]

Thank you so much Calculator. I have now found the link and managed to download the form for the CMIS.

Even though the court said they didn't need any paperwork, is it recommended to send the CMIS, and draft disclosure directions (as above?)

[Calculator]

If the Court say they don't want any paperwork then I don't really see any point in sending any. The Leeds Mercantile Court specifically asked in their invitation letter to the hearing for a CMI sheet to be sent in prior to the hearing. You could phone your court again and specifically mention the CMI sheet if you have not already done so.

[Trollsicles]

Barclays settled in full while I was on holiday! They phoned me 2 days before the court date and offered the full amount. Very pleased. Thank you everyone for your help!