Leeds Mercantile Court Hearing 28th June 2007

[Calculator]

Donbracho,

 

1. In these Mercantile cases, the Leeds Court do not seem to be bothering sending out the defendant's defence to the claimant. It seems to be that they are bypassing that and going straight on to the hearing stage, so don't worry. You can phone the Court if you wish just to amke doubly sure.

 

2. Did you get a copy from the Court of the defendant's acknowledgement of service form - if you did it should say on there the address at which to serve documents on the defendant. If you have not got that, then the safest way is send the copy of the CMI to the defendant at the defendant's address that you put on the original claim form. (If you are not taking the CMI to the Court in person, consider sending it to the Court by Royal Mail Special Delivery (£4.35), that way you can track it and know it has got there. It is up to you whether you do the same with the defendant's copy).

 

3. From the way things have gone at previous directions hearings it seems there is no need to take a full court bundle with you,but by all means take with you whatever documents you have to hand. I'm not 100% certain on this.

Have any other CAG readers got anything to add on this point?

 

PS: Zsazsa's post 50 was entered simultaneously with my post 51 and that seems to confirm point 3 above.

[donbracho]

hey there thanks yet again for the advice calculator panic set in this morning thats all !, i have read your thread zsazsa and it helped a lot too.

 

have been on the blower to court today and they have received a defence and acknowledgement of service from lloyds but couldnt find them so cant send out duplicates lol.

they said to send CMI sheet to lloyds reg address and to SCM.

am just looking for the letter to attach to SCM copy saying... here it is most claims are settled before so come on nudge nudge ! -

i will include schedules of chages too.

I was thinking about bringing everything i could think of cause of how sneaky Lloyds especially can be bearing in mind the two cases that they have "won".

[Calculator]

Is anybody able to give an update as to the number of cases listed for the hearing on 28th June? (Last update was from 'Darlo' at 181 cases as at 2/6/07).

[stan5131]

Has anyone had settlement from Barclaycard. My son and I are listed for 28th and we havent heard a peep out of them since receiving copy of defence. Has anyone one had offers or contact?

[j.barton1]

Nothing yet Stan, not long now!

Jenny

[Dondonlb]

Hi, I've received my court date letter and i'm number 209!

 

I've just completed my cmi form and it's ready to go.. who and where do i need to send copies to?

[j.barton1]

Hi Send your cmi to the court mgr, the addy will be on the very bottom of your letter, and one to your banks solicitors.

Jenny

[Calculator]

Don,

 

If your bank's solicitor has not been in touch with you at all yet, and you therefore have no solicitor contact/address to send it to, you should send the bank's copy of the CMI to:

 

1. If you have been sent the Acknowledgement of Service form that the bank sent to the Court, then it should show the bank's latest address where documents are to be served (sent).

or

2. If you did not receive the bank's acknowledgement of service form, send the CMI to the bank's address that you put on the original claim form.

 

(I have covered all of this at post 15 on the sticky thread http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/96212-case-management-info-sheet.html . Also see my note there about method of delivery).

 

Thanks for the info about number of cases. At 209 its a biggy. How many are shown as being settled on your list?

[mothership99]

Just logged back in after a few days away from the internet. Big thanks to zsazsa and j.barton1 for your reassurances. They are greatly appreciated. I am taking the CMI to leeds Court tomorrow in my lunch hour - can anyone give me an idea how long it'll take me and where I go when I get there as I have to then brave the Post Office in the centre too in order to post the CMI to First Direct and their solicitors?

 

Just one other thing...I promise...still a bit confused regarding costs, I've added them to the CMI form, but what about the Wasted Costs Order thingy that I've seen mentioned by BankFodder on here somewhere (but handily can't now locate). Seems this is separate to the costs asked for on the CMI sheet, so how does it all fit?

[Robdblynd]

Firstly parking is a nightmare near the court in Leeds so be warned, if going by car you could spend your entire lunchour looking for a free bay, and it's not cheap either.

 

When you go through the doors of the court, be prepared to be frisked and metal detectored. There's 2 armed police in the doorway. it's a very ood sensation.

 

The reception desk is facing you just over to the right. There's a wall with all the listings for the day stuck up on them, walk past those and the reception desk is on your right. They may take it or tell you which office to go to.

 

I put the claimant in person costs as the last item on the form.

 

The wasted costs only applies if they settle out of court and then you need to apply to the court for the order for what are your claimant in person costs.

 

Hope you can understand what I mean.

[Calculator]

Mothership,

 

A bit more explanation on the wasted costs order.

As far as I am aware it only applies if you actually get to the hearing date and the bank either does not turn up or settles at the hearing. It has dragged you along on the day when you had no need to go. Hence the term wasted costs order. I believe you present it to the Court on the day under thsoe circumstances, so no need to worry about it as far as the CMI submission is concerned. Thread http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/85750-haved-youhad-your-time.html

 

PS: If the bank settle before the hearing date and you therefore do not go to the hearing, the wasted costs order doesn't come into it, but you need to get the bank to include in the settlement the costs that you inserted at item 35 on the CMI sheet.

[Dondonlb]

Hi Calc, thanks for the info.

 

Checked my case list and it doesn't mention any cases that have settled, so that means either no cases have settled or they haven't disclosed in my letter

[Calculator]

Mothership,

 

I have just added a PS to my previous post (61) to you.

[mothership99]

Thank you everybody, you are all very helpful and it is certainly appreciated. Last time I went to Court in Leeds it was for not paying my Poll Tax (1989 I think) at what is now an O'Neills Irish pub behind the Town Hall and I lost!

[Robdblynd]

"Even if you do not attend court, if you have been forced to make a court claim only to be met by obstructive tactics and sham defences then make an application for wasted costs:-"

 

 

Wasted Costs order

Posted by Bankfodder which, to me, explains wasted costs in a nutshell.

[apdjools]

Hi all,

 

Just completing my CMI and will be delivering today hopefully to Leeds for 28th hearing.

 

Quick question - what is the standard time for the claimant in person costs for questions 35 and 36 ??

 

I have spoken to Court today and they suggested I sent a latest schedule of charges, updated from my original claim way back in January - would you add to the bottom line either the court fee and the claimant in person costs or both ??

 

Thanks

Fair

[Dondonlb]

Hi, what will actually happen at the hearing? if my bank does not show up do i win or will there be another court date following this one?

[Calculator]

Replies to Apd and Don posts;

 

Apd.

 

Answered at post 19 on http://www.consumeractiongroup.co.uk/forum/show-post/post-915078.html

 

How many hours does yours add up to?

 

Don,

 

See the previous Leeds threads about what happens if the defendant does not turn up at the hearing - I think it might be the situation that the Judge suspends the case and orders the defendant ( and claimant) to attend at a later date.

[stan5131]

Is there any reason why most of you are personally handing in the CMI sheet? I am just doing mine and was going to post it?

 

Barclaycard have filed a defence to my claim. Is there any reason why I should not use Jenny's format?

[j.barton1]

Is there any reason why most of you are personally handing in the CMI sheet? I am just doing mine and was going to post it?

 

Barclaycard have filed a defence to my claim. Is there any reason why I should not use Jenny's format?

Hi Stans, There is nothing wrong with posting it...unless you live/work near court...posting it is still the best option.

You have received a defence so the original cmi sheet stands...there was an issue before as some of the claimants havent received a defence...so one of the questions needed answering differently...but there is an amended copy lower down...

 

HTH

Jenny

[Calculator]

Stan,

 

There is a bit more to consider on the CMI sheet, see post 13 on http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/96212-case-management-info-sheet.html regarding items 5 and 28

[donbracho]

aaaargh ! hello all have just checked over the schedule of charges fro my partner and have entered 3 amounts twice so the total owed is incorrect its 3209 instead of 3364 !! is it too late to change it or are we gonna get laughed outta court ?

[Calculator]

Donbracho,

 

4 options;

 

1. Have you sent your CMI to the Court? If not you could correct the mistake at item 4 on the CMI but I think you would also need to complete an N244 form (Form N244 - application notice).

2. If you have already sent the CMI, you could send an N244 form. (You could also send with it a revised CMI sheet with explanation at item 4 on the sheet),

3. You could say nothing and leave it to the hearing and 'confess' when you get there.

4. The bank may try to settle before the hearing, in which case they would no doubt correct the figure as part of the negotiation.

 

First of all, why don't you phone the Court to see what they say is best to do. You still have sufficient time to correct matters.

[donbracho]

hey up calculator havent sent cmi sheet inyet just reviewing everything before we do so its not too late ey !

i will revise the CMI and send with the N244 as well just to on the safe side thanks again

[Calculator]

Donbracho,

 

At item 4 of the CMI sheet you could say something on the lines of:

 

'Whilst the principles of the case as stated in the Particulars of Claim on the N1 claim form have not changed, the claimant wishes to make minor amendment to the value of the claim, arising from a duplication of charges shown on the schedule of charges. The amount claimed is amended to £........ (in place of the original amount claimed of £.........). Attached is a revised schedule of charges dated ............'

 

(I am assuming your original claim was submitted on an N1 claim form rather than a 'money on-line claim'. If the latter, then word accordingly).

 

You will also have to amend the the interest claimed to take account of the duplicated charges that you are omitting. You will need to bring the interest into the wording.

 

In sending a copy of the CMI Sheet and revised schedule to the bank, this will also let the bank know of the reduced claim value.

 

I think the N244 is also needed, but not sure. It might be worthwhile checking with the Court as it will save you some time and trouble if it is not required. (If it is needed, also ask the Court if you are to send the N244 to the Court only, not to the defendant).

 

If the N244 is needed you could send a covering letter to the Court saying enclosed is the Case Management Information Sheet and the N244 form showing a reduced value of the claim.