Leeds Mercantile Court Hearing 28th June 2007

[lousecutiepie]

fingers crossed dont really fancy going to court ill lose a days wages!

[j.barton1]

When i was @ leeds before...I got my cheque 2hrs before the court time! Last minute or what!!

Jenny

[Calculator]

Just a reminder:

 

1. Any newcomers to this thread and the 28th hearing, look at Post 1 for info and guidance on the Mercantile Court and CMI sheet etc..

 

2. If your case does not get settled before the day of the hearing and you therefore have to attend the hearing, don't forget the 'Wasted Costs Order'- see Bankfodder's thread on this Mercantile forum http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/85750-haved-youhad-your-time.html

[Robdblynd]

Query please.

 

I have posted this on my own thread but wondered if someone on here had some answers.

 

On the CMI Sheet, at Statement of Case point 5, can I use the words "The claimants would request the Court to order disclosure and breakdown of the administrative cos incurred by the defendant in applying the said charges to the claimants' account, as per CPR Part 18"

 

And at Disclosure point 9, can I say "Yes, as per CPR Part 31"?

 

Not being used to these legal forms I'm somewhat confused and would appreciate someone clarifying what I can and cannot do. I'd like to get the form back asap as I also have to send it to Abbey.

 

Thanks in advance.

[Calculator]

Rob,

 

Your answer at item 5 looks OK. You need not really say 'as per CPR 18' at the end of the sentence. The question already mentions CPR 18 'further information'. Similarly at item 9, the question there is already under the CPR 31 Disclosure heading. Whether you refer to the CPR or not in your answer is not really a problem.

 

(If you have not already done so, you might like to look at the sticky thread 'Mercantile Court Guide' http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34297-mercantile-court-guide.html at the top of this forum. See post 3.

 

PS 7/6/07: See the new sticky thread Case Management Info Sheet

[NormaHey]

Have filled in my CMI using this site, but not entirely sure what on earth all my answers mean. Do I need to send CMI recorded delivery to both courts and banks solicitors?

[lousecutiepie]

i took my cmi over to court yesterday you can fax it and post it just to be on the safe side and i sent a copy to the lovely Kirstie Ross and to the leeds main office just to be on the safe side

[darlo321]

I have a note on my court letter, quote;

 

This case may be released to another Judge, possibly at a different court

 

Is this a standard paragraph and nothing to worry about.

[zsazsa]

I have a note on my court letter, quote;

 

This case may be released to another Judge, possibly at a different court

 

Is this a standard paragraph and nothing to worry about.

 

I think that's standard - I had that on mine & it didn't change. If it's listed for HH Judge Kaye at Leeds it's highly unlikely he won't hear it himself as he's very keen for a test case to set precedent as opposed to the banks misguidedly relying on the recent judgements of District judges.

 

Zsazsa

[darlo321]

Thanks very much. I will crack on and fill out my CMI.

[Robdblynd]

Calculator,

 

Thank you for the reply. Your answer was most useful and releived my mind.

 

CMI now completed and sent to court and bank.

 

Just back to waiting now.

[beverleyt]

I'm 174 on the list. Has anyone contacted the lit team to settle out of court which I have been advised to do?

[j.barton1]

Hi, I have emailed the lit team and tried to phone but no response as yet.

Jenny

[mothership99]

I've just finished my CMI and will take it to the Court tomorrow or Friday. I'll also post a copy to First Direct (the scoundrels). I added costs in at No 35. based exactly on Jenny's 25 hours, I've probably spent over 25 hours on it so far but how on earth do I prove it? Should I file some kind of form to claim this or is just the mention on the CMI sufficient to get me this extra cash back too?

 

I'm a tad confused. If the banks are settling prior to the Court hearings, then exactly how is the settlement sum arrived at?

 

Is it

 

1. What they owe plus original court filing costs, plus interest at 8% accrued daily from charge date?
   
2. Just what they owe.
   
3. No. 1 above plus extra charges (£231.25) - as per answer No. 35 in the Costs section of the CMI sheet

...and how exactly do they work out the interest or does the court do it, no that can't be right as it won't have made it to court. I'm chasing my tail. Help...

[j.barton1]

Hi, 25 is an rough figure, I claimed 30 back from barclays. This is for the litigate in person costs see....

Home - Ministry of Justice

If you think more put in more but remember they're less likely to challenge a lower figure. In Bankfodders thread...

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34289-barclays-settling-these-claim.html

He guides us to use 25 - 30.

There is an interest calculator....

http://www.consumeractiongroup.co.uk/chargeinterest.php

 

 

Hope that helps

[lousecutiepie]

hi where did you hear that you can get in touch with the Lit team to settle was that with yorkshire bank?

[mothership99]

Jenny,

 

I was being far more literal and probably stupid. I have already asked for interest at 8% per day on each cost from date it was charged on my original court claim. I was wondering how it works if the banks pay you out before the hearing. Do you agree a sum with them or do they offer you money minus the costs and interest to test your resolve?

 

Sorry to be a fool but I've only ever had correspondence from the bank never a phone call and the prospect of court is very daunting.

[j.barton1]

Hi...You're not a fool;)

When the lit team rang me to settle, they were throwing offers so quickly.

They offered very little then i finally settled for the full amount + interest @ 7% + court costs and my lit in person costs.

It really comes down to bartering!! Stick to your guns and you'll get full settlement...you'll feel so good afterwards!!

Jenny

[zsazsa]

Mothership99 - Don't be daunted - honest! Judge Kaye is cool & he's doing the Leeds Mercantile in June - if it got that far & it doesn't sound like it will, all the court staff are really, really helpful, not to mention that there'll be loads of peeps doing just the same as you are & you're all in it together.

 

You will feel so empowered regardless of the money anyway it's definately a good day out! Unless of course you're me!!

 

You'll be ok so don't worry & good luck!

 

Zsazsa

[j.barton1]

Hi, Is anyone claiming more than 6 yrs who are down for the 28th???

Jenny

[CrispDust]

Curiously, my OH who has taken action against Halifex, has received notification of CMC.

Curious because she received Judgement by default on 13th March! They did not submit a defence.

We are not aware that Halifex have applied for set aside. If they have, surely Court would have informed us by now?

We have written to court seeking clarification.

[purple.silk]

im filling in my CMI for leeds 28th and i am having my partner represent me as i am on holiday on that day. the court already advised me this was ok so when asked on the form PARTIES 3. Do you intend to add any further party? do i mention his name here?

[Calculator]

Purple.silk,

 

Look at post 15 on the new sticky thread http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/96212-case-management-info-sheet.html

You are still the one and only party actually making the claim so the answer at 3 is 'No'.

You might also like to consider items 13, 14, 15 (for the trial not the hearing) if you intend having a representative at the trial, not that there is much chance of the case proceeding that far. See the notes at Post 15 on the above thread.

 

When you send your CMI sheet to the Court, I suggest you enclose it under cover of a letter, also confirming your conversation with the Court and their agreement that you can send a representative to the hearing in place of you - give your partner's name and address.

[donbracho]

hello all right the date is gettin nearer so am getting it all together just got a few questions

 

1:

we havent received the banks defence from court or heard anything from them or scm as regards the claim should i ring the court and ask for a copy ?

 

2:

i dont know the address of their lawyers is it the same SCM at cardiff or brighton as we have had two letters about moneys owed to LLoyds from this firm at these different addresses who do i send their copy of CMI sheet to ?!

 

3:

As its a directions hearing do we just bring our court bundle including terms and conditions, or add all the stuff that garys thread http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

includes ?

 

any help would be appreciated

[zsazsa]

Hi donbracho,

 

SC & M seem above responding to claimants! I received a letter the afternoon before due in court offering partial settlement then I went into an 11th hour panic! see http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/85142-zsazsas-mum-lloyds-mercantile.html

 

As the full amount hadn't been paid I still attended - this is VERY important otherwise you risk your case being dismissed & costs against you if you don't turn up.

 

You won't need the full bundle for the CMC - but you do need to complete a CMI sheet & sent that to the court & a copy to SC & M before the hearing (7days prior at latest I think) plus it's a good idea to include another schedule of charges with the CMI sheet at this stage too. Send these to the SC & M address in Brighton, (address on my thread somewhere I think if you haven't got it.) I took all the correspondence I'd had to date with LTSB & SC & M plus another couple of copies of the schedule of charges, which as it happened came in useful as I had them to hand to give to the judge - remember your claim gets 8% interest a day so the amounts change slightly. Take a notepad to make notes as well - there'll be lots of info given by HH Judge Kaye QC.

 

It's highly unlikely SC & M will send anyone, and if they do they're likely to have 'no instruction' except a request to transfer to the small claims track which will be denied. That also means you'll likely not get any settlement on the day either.

 

Hope this helps but shout if you want any more info, I'm not an expert but if I can help through my own experiences I'm glad to. PLUS - the court staff are help & friendliness personified - minor errors will be overcome as this Judge is gagging for a test case!

 

Good Luck!

 

Zsazsa