Mercantile Hearing, Leeds, 26th April 2007

[Calculator]

I understand from the Leeds Courts that there is to be a Directions Hearing at Leeds Mercantile Court on 26th April 2007 where a number of bank charges cases are to be dealt with.

 

Anybody requiring information regarding the form and procedures should see the thread entitled 'Mercantile Court Guide' http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34297-mercantile-court-guide.html at the top of this forum. Ignore the piece about Commercial and Admiralty (CPR58 & CPR61), but see post no.3 which deals with CPR59 Mercantile Court.

 

Also see the thread entitled 'Directions Hearing Leeds' http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/52143-directions-hearing-leeds.html (held on 7th Feb) which is enlightening as to what went on before and at that directions hearing.

 

Also see the thread 'Mercantile Hearing 20th Feb' http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/64519-mercantile-hearing-20th-feb.html which will give you a set of example answers for the CMI sheet. (Read all posts on that thread).

[sparksgem]

calculator, thats me and 28 others up to press i am sure they will add more on as they did at the previous one in March

i am hoping that Lloyds will cave in sooner rather than later especially after tonights Whistleblower programme

[donbracho]

hey there think my gf case is gonna be the same one as just rang the court today and her case against lloyds tsb is being transferred to leeds mercantile court

[donbracho]

hey up me again have rung the court again today and they said was most likely going to be on the 26th she doesnt have to anything yet and her new claim number and letter will be sent as soon as possible but there are loads of these cases to plough through.

[Calculator]

Donbracho,

 

What you have said is similar to what happened for the 7th Feb hearing at Leeds. There were 99 cases listed for that hearing. Some claimants did not receive their letter from Court until about 4 or 5 days before the hearing, but about 94 of the 99 cases were still settled before the hearing - there was a lot of action (offers and settlements by the banks) right up to the last minute.

[donbracho]

oh right i remember reading that am just getting her bundles ready now though just in case

[Calculator]

The letter from the Court for the 7 Feb Hearing did not ask for a Court bundle. All it asked for was that a CPR59 Case Management Information sheet (CMI sheet) be submitted before the hearing.

 

Anybody reading this post who has already got a letter from the Court for the 26 April 2007 hearing, can you please let us know what it asks for.

Also does it say that the judge will be looking for suitable cases to take forward as a test case?

[donbracho]

hey up alll got my letter today willscan and pu tup soon

[donbracho]

24th March 2007

The mentioned case to which you or your client appears to be a party is one of a number of cases of a similar nature listed on the enclosed schedule.

All of these cases involve the same or similar points. The claimant seeks the return of moneys deducted from accounts with the defendant bank by way of bank charges. The issue between the parties varies slightly from case to case but essentially involve the question whether the deduction was unauthorised, excessive and/or unreasonable in amount, amounted to a penalty or was otherwise unlawful or wrongful ought (and can) accordingly to be repaid.

Owing to this common ground and to their perceived potential importance, these cases (which have all recently been started in or transferred to Leeds County Court) have all subsequently been ordered (by H H Judge S P Grenfell, the Leeds Civil Designated Judge) to be further transferred to the High Court, Queen's Bench Division (Mercantile Court). The cases will, however, remain in, and be dealt with by this, the Leeds District Registry.

It is thought (as may be seen from the enclosed schedule) that some of these cases may have recently been settled and if yours is one of them it would be appreciated if you could write and confirm this.

H H Judge Roger Kaye QC, as a judge of the Mercantile Court, has directed that all of these cases be listed for an initial directions hearing in accordance with Part 59 of the Civil Procedure Rules and Mercantile Court Practice Direction. In this context you may also, if not already familiar with it, find the Mercantile Court Guide for the Leeds Mercantile Court useful. A copy may be downloaded from the court service website: http://www.hmcourts-service.gov.uk.

This directions hearing will take place on 26th April 2007 at 10.30am before His Honour Judge Kaye at Leeds County Court, 1 Oxford Row, Leeds, LS I 3BG. In view of the number of cases involved a half day has been allocated.

No later than seven days prior to that hearing a completed Case Management Information Sheet in accordance with CPR 59 should be filed with the court. (If you have access to the internet log on to the above address, click onto Civil Procedure Rules. This will open a new window, click onto rules and practice directions, if you click on 51-60 this will bring you to part 59. If you click on this it will bring you to the Mercantile practice direction. Click on annex A and you will find the Case Management Information Sheet) If you do not have access to the internet, you can contact the Court and it can be posted out.

The judge has asked me to point out that amongst the directions that may be given or considered is the allocation of the cases to the multi-track (in accordance with CPR 59) but also it may be appropriate to consider orders for consolidation and directions aimed at selecting which is the most appropriate lead, sample or test case. Consideration may also be given to whether it is appropriate to treat this as Group Litigation to which the provisions of CPR Part 19 apply.

????

[donbracho]

hello got these letters with it also

On 151h March, 2007

His Honour Judge S P Grenfell sitting at The Court House 1 Oxford Row Leeds

considered the papers in the case and

z ,

ordered that:

1)The claim is transferred to the Mercantile Court, Leeds District Registry.

2)The claim is reserved for all purposes to His Honour Judge Kaye QC.

3)Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

and this

PLEASE NOTE THAT THIS CASE HAS BEEN TRANSFERRED FROM THE LEEDS COUNTY COURT, CASE NUMBER : xxxxxxx

TO

THE LEEDS DISTRICT REGISTRY, MERCANTILE COURT CASE NUMBER : xxxxxxx

PLEASE USE THIS NUMBER ON ALL FUTURE CORRESPONDENCE

Dated 24 March 2007

and this

TAKE NOTICE that the Case Management Conference will take place on 26 April 2007 at 10:30 AM

at Leeds District Registry, The Courthouse, 1 Oxford Row, Leeds, LS1 3BG When you should attend

Please Note: This case may be released to another Judge, possibly at a different Court

[donbracho]

right me yet again I am down for this hearing too !

my capital one claim has gone the same way claim acknowledged

no defence received from c one or court just straight to mercantile hearing !

claim number is 7LS40311 so am doubly definitely there !

[sparksgem]

hi

here is the letter i got from the mercantile court

already posted it in my thread sparksgem in the lloydstsb forum

 

In The High Court of Justice Claim no 7QZ09596

ORDER

Queen's Bench Division

in the Leeds District Registry

 

Sparksgem claimant

 

Lloyds TSB Bank PLC defendant

 

on 23rd February 2007

 

His Honour Judge S P G******** sitting at the court house 1 Oxford Row Leeds considered the papers in the case and

 

ordered that:

 

1) The claim is transferred to the Mercantile Court Leeds District Registry.

 

2) The claim is reserved for all purposes to His Honour Judge K*** QC.

 

3) Because this Order has been made by the Court without considering representation from all parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to do make an application must send or deliver the appllication to court (together with the appropriate fee) to arrive within seven days of service of this Order

 

that is i understand it isthe order but there was then some more paperwork which i will also copy here

 

15th March 2007

 

The above mentioned case to which you or your client apears to be a party is one of a number of cases of a similar nature listed in the enclosed schedule.

 

All of these cases involve the same or similar points. The claimant seeks the return of moneys deducted from accounts with the defendant bank by way of bank charges. The issue between the parties varies slightly from case to case but essentially involve the question whether the deduction was unauthorised, excessive and/or unreasonable in amount, amounted to a penalty or was otherwise unlawful or wrongfulought (and can) accordingly be repaid.

 

Owing to this common ground and th their perceived importance, these cases (which have all recently been started in or transferred to Leeds County Court) have all subsequently been ordered (by Judge SP G******, the Leeds Civil Designated Judge) to be further transferred to the High Court Queen's Bench Division (Mercantile Court). The caseswill , however, remain in, and be dealt with by this, the Leeds District Registry.

 

It is thought (as may be seen from the enclosed schedule) the some of these cases may have recently been settled and if yours is one of them it would be appreciated if you could write and confirm this.

 

H H Judge Roger K*** QC, as a judge of the Mercantile Court, has directed taht all of these cases be listed for an initial directions hearing in accordance with Part 59 of the civil proceedure rules and Mercantile court practice direction. In this context you may also, if not already familiar with it, find the Mercantile Court guide for the Leeds Mercantile Court useful. A copy maybe downloaded from the court services website: Her Majesty's Courts Service - Home .

 

This directions hearing will take place on 26th April 2007 at 10.30am before His Honour Judge K*** at Leeds County Court, 1 Oxford Row Leeds LS1 3BG. In view of the number of cases involved a half day has been allocated.

 

No later then seven days prior to that hearing a completed Case Management Information Sheet in accordance with CPR 59 should be filed with the court. (if you have access to the internet log on to the above address, click onto civil Proceedure rules. This will open a new window, click onto rules and practice directions, if you click on 51-60 this will bring you to part 59. If you click on this it will bring you to Mercantile practice direction. Click on annex A and you will find the Case Management Information Sheet) If you do not have access to the interent, you can contact the Court and it can be posted out.

 

The Judge asked me to point out that amongst the directions that may be given or considered is the allocation of the cases to the multi-track (in accordance with CPR59) but it may also be appropriate to consider orders for consolidation and directions aimed at selecting which is most appropriate lead, sample or test case.

Consideration may also be given to whether it is appropriate to treat this as a group litigation to which the provision of CPR Part 19 apply.

 

hope that helps you but it seems identical to the one Donbracho received

did ask about phoning solicitors as i didnt send a schedule with my AQ nor did i send it recorded delivery to them and as i hadnt heard anything maybe they didnt get it

anyone have any thoughts or suggestions?

but seems like we are all on the last leg and should be in our money sooner rather than later in the next 4 weeks or so in fact

good luck everyone not that we are going to need it

[Calculator]

Thanks Donbracho and Sparksgem for copies of the letters.

I assisted a relative in their case listed for the 7 Feb hearing and another relative has got another in the system which he has been told verbally is down for the 26 April.

Your 26 April documents from the Court are on the same lines as those issued for the 7 Feb hearing. The only thing different this time is that the Court's letter has given more info on how to obtain a copy of the CPR59 CMI sheet.

Again there is no mention of any submission of a court bundle, only the CMI sheet.

We settled out of court a couple of days before the 7 Feb hearing. We only submitted the CMI sheet as requested. We did not submit a court bundle because that was not requested.

I personally think there is no need to submit a Court bundle before the hearing as most of the cases will be settled out of court before the hearing date, but obviously if you were to be one of the 'unlucky' ones who for one reason or another do not settle before the hearing, then you will need the relevant papers with you at the hearing.

[Calculator]

Sparksgem,

 

Sorry I have only just picked up on your question below that you raised a couple of days ago.

 

'did ask about phoning solicitors as i didnt send a schedule with my AQ nor did i send it recorded delivery to them and as i hadnt heard anything maybe they didnt get it

anyone have any thoughts or suggestions?'

 

Have you resolved the matter?

i don't think the AQ matters so much now that your case has been transferred to the Mercantile Court and will be heard at the Directions Hearing on the 26th if not settled before then. Some claimants will have by-passed the AQ stage, they will have gone straight from N1 claim form/acknowledgement of service to being told that their case has been transferred to Mercantile Court with a hearing on 26th April. The main document now is the CMI sheet.

If in doubt I suggest you phone the Mercantile Court.

When you say you did not send a schedule with your AQ which schedule are you referring to? (Apologies for sounding vague on this but the previous claim that I assisted my relative with went straight to Mercantile without going thru AQ stage)

I assume you have already sent your schedule of bank charges with the claim form or did you only state the total amount claimed on the claim form and intend to send the detailed schedule of charges later?

[sparksgem]

Calculator

havent phoned them and when i thought about it i think i did send a schedule with the AQ but i am going to give them a call on monday just to see if it gives them a bit of a push

daughter just got first flat and i could do with a bit of spare cash

[caro]

Could someone please scan the list of cases and send it to me at caro@consumeractiongroup.co.uk Please note that this is a directions hearing so will only about how to deal with the cases, and no cases will be heard on the day, so I don't believe any bundles will be needed. Chances are they will all be settled before then although maybe the court have other ideas. I'm sure you all want your money, and I want you to have it too, but I also want these banks to stand up in court and account for their actions.

[sparksgem]

caro

have no scanner but will type the list and post to you if no one else has yet

just let me know

[caro]

Thanks, although I'm sure the list will grow.

[sparksgem]

caro

done and sent there is likely to be two copies as i sent from two different mail boxes for some reason it wouldnt post the first time

[caro]

You're a star. Thank you.

[donbracho]

hello all am just curious can i claim for costs even though capitalone are prepared to settle before the hearing ?

[Calculator]

Not sure about costs, but my thoughts are:

 

Was your claim within the £5k small claims limit? No doubt you are aware that normally the small claims court will not award costs.

Even though your case has now gone to a Mercantile hearing, it is possible that the Judge could say that costs will still be dealt with as if it were small claims.

 

However, now that Capital One has made you an offer, I suppose you could still try to bargain for costs to be included in the settlement at this stage. May be worth looking through the thread entitled 'Directions Hearing Leeds' 7 Feb to see what others got in respect of costs in their out of court settlements.

[sparksgem]

well having rung SCM yesterday to check on whether my AQ and schedule had arrived at the office and being informed it hadnt and asking me to fax the schedule to them ( also stated that hadnt had instruction from their client to settle- i never mentioned a settlement) which i did last night from work and thought i would check this morning and was told that they had been ordered to offer me a settlement which will be credited to my account in the next couple of days so it seems i have won

thank you all for all the help and support you have given me over the last 6 months as soon as the depopsit has been made i will be pressing that donate button

[Calculator]

I understand there are now 70+ cases listed for the hearing on 26 April and no doubt the number will increase with more than 2 weeks still to go.

[caro]

Going on the last time this happened in Leeds, they were adding cases right up to a day or two before the hearing.

 

By the way, costs are acceptable in the Mercantile court, but you will need an itemised list of them, including receipts and can charge 9.25 per hour for your time. You will need to itemise that as well I believe.