Leeds Mercantile Court Hearing 28th June 2007

[purple.silk]

hi all

 

i have just sent my CMI off yesterday one to the court and one to YB so im just making sure im prepared for court. Do i need a copy of the court bundle or is the CMI and original N1 and SOC sufficient?

[donbracho]

hey up purple silk i think based on what has gone on before you dont need a court bundle cause in essence this is just a directions hearing(?)

.... but then again its best to be prepared fully especailly in light of the berwick case there is an excellent thread here to help http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

[Calculator]

From what I know of the previous hearings a Court Bundle is not necessary. Donbracho is right when he says it is a directions hearing.

Purplesilk, if you get as far as going to the hearing, besides what you have listed don't forget to take with you all copies of corrrespondence that you have had with the bank both pre and post claim submission. I would also have thought it useful to take the relevant extract from the Unfair Terms in Consumer Contract Regulations 1999, i.e. copy the pages containing Regulation 5(5) and Schedule 2 item 1(e) from that document and a list of the relevant penalty cases , eg Dunlop. It is those documents which form the basis of your case. Also any terms and conditions (T&Cs) from your bank appropriate to the time of the charges.

 

Can anybody who has actually attended a Leeds Mercantile hearing give the definitive as to what documents to take to the hearing please.

 

For those who have not seen yesterday's report by the BBC: http://www.consumeractiongroup.co.uk/forum/general/98610-bbc-news-1-today.html

[purple.silk]

ok thanks guys. Now that i have sent the CMI does the bank have to respond to it? also what happens if they dont turn up at court does it get adjourned or do I automatically win?

[j.barton1]

Hi, A&L Have responded to my CMI with one of their own...I think its just whatever the banks decide.

Jenny

[Dondonlb]

Case 209..... SETLLED OUT OF COURT!!!

[j.barton1]

Well Done...may there be many many more...LOL

[Dondonlb]

Here Here!

[beverleyt]

Now I'm panicking. I can't get the 28th off from work. Do I contact the court and ask for another date? Oh this is all doing my head in now!!!!

 

I have emailed Paul Quinn asking if settlement out of court would be an option so hopefully he will say yes!

[purple.silk]

what if the bank dont turn up do i automatically win or does it get adjourned ?

[j.barton1]

I think our Judge is going to be brill if we get that far...he seems to be one of the ones pushing the banks...see this quote from the BBC...

 

 

It would be helpful if there was a decision taken at High Court level to clarify the situation Nationwide

 

 

Judge Roger Kaye QC

 

 

Last month, Leeds Mercantile Court listed 77 cases in one day, all of which were settled out of court.

Afterwards, Judge Roger Kaye QC said "it would be helpful if there was a decision taken at High Court level to clarify the situation nationwide".

In Bristol County Court a successful claimant was recently awarded £84.41 in costs as the judge ruled Lloyds TSB wasted the court's time because it had had no intention of defending the claim.

In January, a Judge at Lincoln County Court threatened to strike out some banks' defences for abusing the legal process for the same reason.

At the time Judge Paul Collins, speaking on behalf of county court judges in London, said: "It would be very desirable to have a test case to see whether the arguments being put forward by the banks are sustainable or not," he said.

The latest warning from Judge Mackie left the banks with what sounded like a final warning.

"There may be a need for a more radical approach if the number of cases continues to grow," he said.

 

 

E-mail this to a friend Printable version

 

 

[purple.silk]

hi can anyone out there please send me the terms and cond. for Yorkshire bank for the years 2000, 2001, 2002, 2003, 2004 and 2005 i know its a tall order but i might need them for court in leeds on 28th june .

[apdjools]

Hi all,

 

Does anyone have a contact phone number for YB Lit team - I have received a 90% offer today - just want to clarify a few things with them !

 

Cheers,

Fair

[Robdblynd]

Case 147 - SETTLED IN FULL

 

Letter arrived today.

[mariejader]

anyone have any ideas of numbers of cases being heard on the 28th and the amount of claims that have been settled before the hearing?

[Robdblynd]

Last I heard there were 222 listed but some were being settled on an almost daily basis. From what Igather amounts vary from a few hundred to many thousands. I've just had offer of over £10k including all interest and court fees.

[mariejader]

it would be interesting to get a figure don't you think?

[Leebcoward]

7 days to go and still nothing from YB

 

This hearing sound like it could be a record breaker, I wonder if the press will show! In any case I think we should all go on the razzle after the hearing around Leeds...I know some great boozers!!!

 

Certainly owe J Barton a drink or 3 for the help and advice.

[Leebcoward]

With all this talk of settlements I'm wondering if it would be frowned upon to not accept any offers. I really want to hold out for the full amount because the bank have dragged this out so long and I have spent ages on it. If I held out would the Judge feel I was been unfair??

[j.barton1]

7 days to go and still nothing from YB

 

This hearing sound like it could be a record breaker, I wonder if the press will show! In any case I think we should all go on the razzle after the hearing around Leeds...I know some great boozers!!!

 

Certainly owe J Barton a drink or 3 for the help and advice.

Thanks luvvy...we'll see if we get to court..then we'll all go on the razzle....

[lousecutiepie]

Im there on the 28th too havent heard a peep out of YB wonder why some are settling and not others? advice please, thanks

[neonron]

Does anybody know how many cases have been listed to be heard at the 28 June hearing so far?

 

 

 

hi i was intouch with the court on the 21st june to confirm they had received my cpr59 they said they are a few weeks behind with paper work but will be upto date come the 28th,

they said there were 240 cases to heard on the 28th but at the moment 30 of them have already been settled, im a bit confused though

as they said this is only a conference not an hearing can someone explain this ?

thanks

[neonron]

hi i was intouch with the court on the 21st june to confirm they had received my cpr59 they said they are a few weeks behind with paper work but will be upto date come the 28th,

they said there were 240 cases to heard on the 28th but at the moment 30 of them have already been settled, im a bit confused though

as they said this is only a conference not an hearing can someone explain this ?

thanks

hope soeone sees this PART

is there anyone who is brainy and lives in or near wakefield that i can contact and check through everything with them just for peice of mind ,

please email me . [email protected]

thanks ron

[Calculator]

Neonron,

 

A case management conference (or directions hearing) is not the trial. It is a discussion/conference to decide the way forward. The judge may give directions to either party to facilitate the way forward, eg you have asked for disclosure at items 5 and 8 on the CMI sheet. The Judge could direct the bank to give you that information.

Hopefully the bank will either settle your claim before the 28th June or on the day.

 

Sorry I can't help you regarding looking thru your case papers. I shouldn't worry too much. If you don't get a settlement before the 28th there will be lots of others at Court in the same position as you, so providing yours is not the first case of the day, you can pick useful info up as the day progresses.

 

Can anybody in the Wakefield area help Neonron please (see his posts)?

[Calculator]

Beverleyt,

 

Just seen your post of a few days ago (Ive been away). It is imperative that you contact the Court if you can't be at the hearing. With a possible settlement pending, it's up to you how long you leave it before notifying the Court that you won't be able to attend, but don't leave too late. You will probably have seen from the 26th April hearing that a claimant did not turn up at Court and had not notified the Court. The case was struck out and the Judge ordered the claimant to pay the defendant's costs!!