iedec vs Barclays

[iedec]

Hello,

 

I am due in court this Friday in the London Mercantile group hearing with a claim aginst my bank for £2½K+. I have been following the bank charges story through the media (Talksport, Radio 5 and the papers etc.) and did not know about the CAG until last night.

 

I did a search to see if there was any info on this fri's hearing and came across this forum. Having spent some time looking around I realised that I may have dropped the ball with my case.

 

I have not filled out a CMI sheet as I had never heard of one until last night and now realise that I was supposed to submit one to both the court and the defence at least 7 days before the hearing.

 

I am obviously now worried that of 200 or so people attending on friday, I'm going to be the only idiot that loses my case as the court won't accept ignorance as a reason for failing to fulfil the courts requirements.

 

Can anyone please advise me on what course of action I should take?

 

Many thanks,

 

iedec

[iedec]

Hello,

 

(((Sorry about the dramatic title - I only have 3 days until hearing)))

 

I am due in court this Friday in the London Mercantile group hearing with a claim aginst my bank for £2½K+. I have been following the bank charges story through the media (Talksport, Radio 5 and the papers etc.) and did not know about the CAG until last night.

 

I did a search to see if there was any info on this fri's hearing and came across this forum. Having spent some time looking around I realised that I may have dropped the ball with my case.

 

I have not filled out a CMI sheet as I had never heard of one until last night and now realise that I was supposed to submit one to both the court and the defence at least 7 days before the hearing.

 

I am now obviously worried that of 200 or so people attending on friday, I'm going to be the only idiot that loses my case as the court won't accept ignorance as a reason for failing to fulfil the courts requirements.

 

Can anyone please advise me on what course of action I should take?

 

Many thanks,

 

iedec

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/ have a look here

[iedec]

Evenin Saintly,

 

Cheers 4 the link. I read a lot of that yesterday and it goes into how to fill out the CMI sheet etc. The mercantile court requires this form to be filled out and sent to all parties concerned at least 7 days b4 the hearing.

 

As I've missed this deadline can anyone suggest what course of action I should take at the hearing itself.

 

Cheers,

 

iedec

 

P.S.: Apologies to the moderator 4 you having to move and combine my posts. Perhaps you could delete one instead to stop me looking like a pratt. Oh, and maybe you could suggest someone else to ask for help.

[saintly_1]

i suggest that you ring the court and ask their advice ...... have you got the CMI sheet ?

[caro]

There is advice on completion of the CMI form in the Mercantile Forum here.

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/96212-case-management-info-sheet.html

 

Just get it to the court as a matter of urgency, maybe with a covering letter that you weren't aware you needed to do it and an apology for lateness.

 

There is quite a bit of info in the Mercantile forum.

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/

 

I suggest that you get your schedule of charges up to date, including interest to date, court costs and other costs, which are claimable at the mercantile court. You need an itemised schedule of your costs, including reasonable time spent on your claim at 9.25 an hour. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

 

You'll need this as Barclays will either be in touch in the next few days or clamouring to meet you on the court steps to pay you back your money.

[iedec]

Jonny2bad, Caro and Saintly,

 

Thanks 4 your advice guys. Been trying to call the court all afternoon but constantly engaged. I can find the CMI sheet on the hmcourts website and will prepare 3 copies for fri with a written apology and hope 4 the best.

 

One of the points mentioned in the banks defence was the claim can only go back 6 years. My first complaint to the bank was in Jan, so I backdated 6 years from then. Does anyone know if my 6 years backdated claim should be from then or from now. For instance, I have received further charges since making my initial claim. If I include those, will I have to go back 6 years from this Friday meaning I should cut out Jan 01 - July 07.

 

I drew up a full schedule of loss right at the beginning including an interest charge of 8%. I hadn't even heard of the claim for time spent working on the case. That's priceless.

 

So to clarify my question: If I have to draw up a new schedule of loss that takes me up to this friday, do I go back 6 years from this friday or 6 years from the initial complaint?

 

Cheers Guys,

 

iedec

[Bookworm]

Strictly speaking if you only want to claim 6 years, it should be from when you file your claim, BUT:

 

If they settle before hearing, the issue of the unlawfulness of the charges has not been decided, they settle as a gesture of good will, so the statute of limitation act doesn't apply, does it... You are agreeing an amount to make you drop your claim, and if I were you, I would dig my heels in and say I want the lot or we'll let the judge decide. My money is on that they'll pay the lot, but you need to stand firm.

Oh, and don't let them feed you any bull on confidentiality, it's your claim, your terms. ;-)

 

PS: In front of which judge are you appearing?

[iedec]

Quick Update:

 

Finally got through to the court and have just been told that there is no need to complete a CMI sheet. As it's a directions hearing (I think that's what she said), the initial paperwork sent to the county court is all that's required. Only if you wish to provide further evidence do you need to bring something along.

 

I'm proper confused as to why everyone's filling in all these complicated forms now.

 

Still interested in advice for above query if u've got the time though. Cheers!!

[Bookworm]

What, the one I have just answered? ;-)

[iedec]

Cheers Bookworm,

 

I like it. If I draw up a further schedule of loss incorporating the charges from Jan 07 to July 07 its probably another £150+, plus time spent on working the case 8hrsx£9.25=£74 plus £75 petrol/parking/CongChge = TOTAL - £299 min.

 

My initial claim was for just over £2½k so I should be able to say; pay me the initial claim and I walk or I'm asking for the extra £299 (roughly) in front of the judge.

 

What d'you think? Ask 4 the extra £299 as well? or accept the full initial claim?

 

iedec

 

PS: I won't be doing anythin other than staying firm. It's the only way I know how. Besides, we're not in Hull or Coventry or wherever that weirdness went on.

[iedec]

Bookworm,

 

Check the times. We're missing each others replys.

[iedec]

. . . or i'm missing the point. Just noticed the wink.:o

 

I'm obviously new to this forum thing and you're takin the mick.

 

Yep, getting the hang of it now.

[iedec]

Can anyone point me to a thread which has a simple and straightforward list of what an entire bundle should consist of? Then I can go through the list one at a time through the forums.

 

Also, can the moderator take the bit in brackets out of the title now.:o

 

Cheers,

 

iedec

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html?highlight=court+bundle+for+dummies have a look here

and post 34 of this thread for witness statement http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html

[Bookworm]

Sorry, had to go and pick up my son on a socialising exercise.

 

Yes, I was being sarky. I do that a lot.

 

Brackets duly removed.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

As for the additional charges, you can't ask the judge to award you charges which were not part of your initial claim. You can however try to negotiate for those to get incorporated in your settlement if the bank tries to do that (surprising if they didn't, unless your claim has slipped under the radar), if they say no, then you'll just have to start again. (They refused to do mine, which was £60 on top of my claim! Yet have done it for other claimants, so it's pot luck, really)

 

Have I covered everything?

[iedec]

Sorry Bookworm, I'm not quite following. What do you mean when you say "if the bank tries to do that" etc. Do what?

 

And when you say "start again", d'you mean a 2nd claim for the previous 5/6 months or the whole thing from scratch?

 

Cheers 4 the links to basic bundles guys. I've just realised that none of that was in my initial claim file submitted to the county court back in Feb. I got the template letters from another website b4 knowing of the CAG, printed them out along with bank statements all in triplicate and submitted with N1's.

 

The template letter mentioned Dunlop Tyres and Consumer Regs. etc but I didn't think I'd need to provide a copy of the old cases. Surely these courts have a copy or 3 already, along with a copy of the consumer regs.

 

I didn't supply T&C's either but then I haven't been asked to. Do you think I should ask for my case to be put back to the next group hearing so I can provide an updated and full bundle in triplicate?

 

Apologies, am getting long-winded I know. Wish I'd known of this website earlier.

 

iedec