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The only way I can see to avoid the possibility of lots of prosecutions being "satyed" is if someone is ballsy enough or crazy enough to not settle and fight the case in the mercantile court.

 

However, is it a fair argument for claimint that you didnt settle in full out of court as you wanted to test the case to establish precedent. Also is it likely that a judge may award costs should the case be lost and you refused out of court. Or is all this without precedent and inadmissable...

 

Slightly worrying turn of events i think

23.08.06 requested copy statements via phone, was promised call back (it never came) :mad:

25.08.06 Statements recieved :)

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No because the banks are not trying to put their cases in front of a Judge.

 

It's only court cases that will be stayed.

 

Pete

 

That was posted by me & I was referring to those cases in which the bank is the claimant NOT the defendant.

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Is it only a District Judge who can get a claim transferred to a Mercantile Court. Only asking as I would love mine to be heard. I get charged on average £125.00 a month by my bank yet I deal with everything on-line. I never receive statements, letters or anything that would cost the bank anything like £125.00 per month in administration.

 

DG Solicitors are dicking me around and I would love to write to them to request their agreement that the claim is transferred to Bham Mercantile Court.

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Is it only a District Judge who can get a claim transferred to a Mercantile Court. Only asking as I would love mine to be heard. I get charged on average £125.00 a month by my bank yet I deal with everything on-line. I never receive statements, letters or anything that would cost the bank anything like £125.00 per month in administration.

 

DG Solicitors are dicking me around and I would love to write to them to request their agreement that the claim is transferred to Bham Mercantile Court.

 

No either party can request it be transferred but its still upto the court

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If the name of the claim is blue and underlined, click it to see how I did it.

  • Halifax - 1st Request for £3748.80 sent 10/06 Settled in full and 5% donated


  • Goldfish - Unable to comment further, have a read


  • Lloyds - Data Protection Act sent 19/04 1st estimated request for £1500 sent15/08 LBA sent 08/09


  • Carphone Warehouse - Data Protection Act sent 19/04 Chased 04/07 ICO complaint 18/07


  • First National - 1st Request for £280 sent 05/05 Settled in full and 5% donated


  • Yes car credit - LBA sent 19/07 Court Action launched 26/09


  • HFC Bank - 1st Request for £100 sent 06/06 Settled in full and 5% donated


Like what I said? Hit the scales on the top right of my post. Cheers

 

Disclaimer - By giving advice, I am not putting myself across as a legal expert. Always seek professional advice.

Help the site, donate 5%, I have.

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All the courts need to do is come up with a hearing date sooner rather than foist all this red tape, case management conferences etc on us. Just imagine if the judges got the AQ and simply set a hearing date within four weeks. All the pending claims would then proceed to a hearing or be settled and thus clear the system. The more hearing dates the better and just one of them might get heard. If I was a bank, I would be carefuuly sorting the claims to choose which one to take on.

Its WAR

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  • 2 weeks later...

Instead asking for the stay to be removed would it not be better to ask the court to transfer the case to the Mercantile Court. The banks are clearly not going to defend in the Mercantile Courts - they are settling before the hearing. The Mercantile Courts appear to be adopting the tactic of 'hearing' these cases in batches forcing the banks to settle in batches. If the stay has been set pending a test case in the Mercantile courts it is never going to be lifted !

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  • 5 years later...

Evening all,

 

URGENT MESSAGE: THIS MAY RELATE TO SOME CASES AND PARTICULARLY TO THE SUB-PRIME MARKET

 

Have you all seen this: http://www.actionfraud.police.uk/what-is-fraud., this is possibly one of the best web pages on the internet, it defines each and almost every type of fraud there is (....so far as we know...!!)

 

More importantly it gives EVERYONE the chance to IMMEDIATELY report a possible or actual fraud which has taken place and which they have suffered (not just financially) from.

 

I cannot put into words how strongly I recommend everyone who has had dealings with Swift/Kestrel/Swift Advances or whatever other incarnations have come out of Arcadia House, including J W Godfrey, Swift Legal Services and any other 'associates' of this despicable organisation,OR ANY OTHER LENDER WHETHER SUB-PRIME OR NOT to lodge a complaint via this website.

 

The website is devoted to dealing with the Crime of Fraud and will provide you with an almost immediate Crime Reference number, which can of course be tendered as evidence in a Court. It may be useful to many people, especially when you consider that Criminal Law always takes precedence over Civil Law.

 

As always

 

Best wishes to all

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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