Case Management Info Sheet

[j.barton1]

Hi, For all those awaiting directions hearings at Mercantile court, here is a completed CMI sheet, read through it and at the bottom there is the plain copy with the questions. I hope it helps anybody who is stressing over the sheet.

Jenny

 

Case Management Information Sheet

 

 

 

Before His Honour Judge Kaye QC

 

 

 

 

 

 

 

Part Filing: Claimants JennyBarton - case number 7LS40607

Solicitors Acting: Claimants in Person

Date 01.06.2007

 

 

Substance of case

 

1. The Claimant seeks repayment of unfair & unlawful bank charges and interest.

 

 

Parties.

 

2. Yes

3. No, although Leeds County Court may link other claims.

 

 

Statements of Case.

 

4. No

5. Yes. We believe CPR 18 may only become necessary if the Court directs other than to a Small Claim. However, the Defendant has insisted the Claimant complies with the Defendants CPR Part 18, the Claimant therefore seeks the Court to order full disclosure and breakdown of the administrative cost incurred in applying the said charges.

 

 

Disclosure.

 

6. Within 7 days of being requested by the Court.

7. No

8. Yes: List of charges made to claimants accounts and in respect of every charge, a breakdown specifying the amount of actual cost to the defendant and the amount of profit added, resulting in the total charge made to the claimant in each and every charge.

9. Yes:

10. (i) Within 7 days of Courts directions

(ii) Within 7 days of Courts directions

 

 

Admissions.

 

 

11. No

 

 

Preliminary issues.

 

 

12. No

 

 

Witnesses of fact.

 

 

13. One

14. Claimant

15. Claimant

16. Within 7 days of Courts directions

17. No

 

 

Expert Evidence.

 

 

18. No

19. No

20. No

21. None

22. N/A

23. No

24. None

25. N/A

 

 

Trial.

 

 

26. 1 hour

27. Within 4 weeks of Case Management Conference

28. Leeds County Court

29. No

 

 

A.D.R.

 

 

30. No

31. No. The banks have so far refused to attend hearings being content to take

the full period of the process before settling at the last minute.

32. No

33.No

 

 

Other applications.

 

 

34 None.

 

 

Costs.

 

 

35. Claimant in Person costs £9.25 per hour 25 hours research & preparation £231.25

36. Claimant in person costs £9.25 per hour 30 hours research & preparation

£277.50 by the end of trial.

 

 

Signed Claimant

 

 

Uncompleted sheet

 

Case Management Information Sheet - Mercantile Courts

[Title of Case]

This information sheet must be filed with Mercantile Listing at least 7 days before the Case

Management Conference, and copies served on all other parties: see paragraph 7.7 of the

Mercantile Courts Practice Direction.

Party filing:

Solicitors:

Advocate(s) for trial:

Date:

Substance of case

1. What in about 20 words maximum is the case about?

Please provide a separate concise list of issues in a complex case.

Parties

2. Are all parties still effective?

3. Do you intend to add any further party?

Statements of case

4. Do you intend to amend your statement of case?

5. Do you require any “further information” - see CPR 18?

Disclosure

6. By what date can you give standard disclosure?

7. Do you contend that to search for any type of document falling within CPR 31.6(b) would be

unreasonable within CPR 31.7(2); if so, what type and on what grounds?

8. Is any specific disclosure required - CPR 31.12?

9. Is a full disclosure order appropriate?

10. By what dates could you give:

(i) any specific disclosure referred to at 8; and

(ii) full disclosure?

Admissions

11. Can you make any additional admissions?

Preliminary issues

12. Are any issues suitable for trial as preliminary issues? If yes, which?

Witnesses of fact

13. On how many witnesses of fact do you intend to rely at the trial (subject to the court’s

direction)?

14. Please name them, or explain why you do not.

15. Which of them will be called to give oral evidence?

16. When can you serve their witness statements?

17. Will any require an interpreter?

Expert evidence

18. Are there issues requiring expert evidence?

19. If yes, what issues?

20. Might a single joint expert be suitable on any issues (see CPR 35.7)?

21. What experts do you intend (subject to the court’s direction) to call? Please give the number,

their names and expertise.

22. By what date can you serve signed expert reports?

23. Should there be meetings of experts of like disciplines, of all disciplines? By when?

24. Which experts, if any, do you intend not to call at the trial?

25. Will any require an interpreter?

Trial

26. What are the advocates’ present estimates of the length of the trial?

27. What is the earliest date that you think the case can be ready for trial?

28. Where should the trial be held?

29. Is a Pre-Trial Review advisable?

A.D.R.

30. Might some form of Alternative Dispute Resolution assist to resolve the dispute or some

part of it?

31. Has this been considered with the client?

32. Has this been considered with the other parties?

33. Do you want the case to be stayed pending A.D.R. or other means of settlement - CPR 26.4;

or any other directions relating to A.D.R.?

Other applications

34. What applications, if any, not covered above, will you be making at the conference?

Costs

35. What, do you estimate, are your costs to date?

36. What, do you estimate, will be your costs to end of trial?

[signature of party/solicitor]

[j.barton1]

Hi calculator, If you would prefer...post your completed cmi sheet on this thread...then claimants have both copies and the reasons why...obviously each case is individual and all sheets and letters should be unique to the claimants case.

Jenny

[j.barton1]

Hi Calculator...

I have edited my original incase people want to use it...

 

Case Management Information Sheet

Before His Honour Judge Kaye QC

 

 

 

 

 

Part Filing: Claimants Jenny Barton - case number 7LS40607

Solicitors Acting: Claimants in Person

Date 01.06.2007

Substance of case

1. The Claimant seeks repayment of unfair & unlawful bank charges and interest.

 

Parties.

2. Yes

3. No, although Leeds County Court may link other claims.

 

Statements of Case.

4. No

5. Yes. We believe CPR 18 may only become necessary if the Court directs other than to a Small Claim. The Claimant therefore seeks the Court to order full disclosure and breakdown of the administrative cost incurred in applying the said charges.

 

Disclosure.

6. Within 7 days of being requested by the Court.

7. No

8. Yes: List of charges made to claimants accounts and in respect of every charge, a breakdown specifying the amount of actual cost to the defendant and the amount of profit added, resulting in the total charge made to the claimant in each and every charge.

9. Yes:

10. (i) Within 7 days of Courts directions

(ii) Within 7 days of Courts directions

 

Admissions.

 

11. No

 

Preliminary issues.

 

12. No

 

Witnesses of fact.

 

13. One

14. Claimant

15. Claimant

16. Within 7 days of Courts directions

17. No

 

Expert Evidence.

 

18. No

19. No

20. No

21. None

22. N/A

23. No

24. None

25. N/A

 

Trial.

 

26. 1 hour

27. Within 4 weeks of Case Management Conference

28. Leeds County Court

29. No

 

A.D.R.

 

30. No

31. No.

32. No

33. No

 

Other applications.

 

34 None.

 

Costs.

 

35. Claimant in Person costs £9.25 per hour 25 hours research & preparation £231.25

36. Claimant in person costs £9.25 per hour 30 hours research & preparation

£277.50 by the end of trial.

 

 

Signed Claimant

 

 

 

[j.barton1]

Hi Calculator, Thanks, I'm glad its sorted.

Jen

[j.barton1]

Todays date.

Jenny

[j.barton1]

All claimants try to remember, you have to rely on your cmi sheet if you get to court.

If anyone is unsure of any question on it, search either this site or hmcs.

 

If you understand the questions you can give your own answers and just use these as a guide, we are here to help get each other through this.

 

Jenny

[j.barton1]

Hi CMIsheet needs to be in 14 days before,

Regarding which one...i have used post 1..with Barclays originally, and no 8 with A&L. I have not had any issues with and i have sent. The cmisheet at post 8 is fine for you to use.

 

HTH Jenny

[j.barton1]

But at Leeds, if the bank was not settling, the judge was passing them to small claims as per the cmi sheets?

[j.barton1]

Jenny,

 

What happened at the the Leeds Mercantile Hearings in February, April and June 2007? Where the cases had not been settled at the first hearing, I understood that the Judge had kept them in the Mercantile Court on the multi-track for further hearings. Is that not the case? One of the CAG reports on the April hearing stated that one of the banks wanted the case transferring back to the County Court small claims track but the judge was having none of it. I appreciate that you were at the June hearing and have first hand experience of that hearing. I note that your report and other CAG claimant's reports on the 28th June hearing imply that the 'not settled' cases are continuing on the multi-track not the small claims track, which appears to be at variance to what you have said at post 25. Have I misunderstood?

From what i heard the judge say to a solicitor, is that in mercantile, cases cannot be sent back to fast track, only back to small claims

[j.barton1]

Hi Calculator and Jenny

 

The courts defence details were as follows

 

1 the defendant lloyds tsb is a bank whose registered office is 25 gresham street, london, ecv2 7hn. it is admitted that the claimant has been a customer of the bank at all material times.

2 by opening an account with the bank, the customer enters into a commercial arrangement with the bank for the provision of banking services. the bank is entitled, as part of that arrangement, to charge for those services. at account opening a customer is provided with details of the bank's charges, currently in a leaflet of guide to our banking charges. by using the account, the customer acknowledges that the charges are incorporated into the contract. for personal customers, a number of services are provided free, notwithstanding that they are an expense to the bank. such services presently include, but are not limited to providing;

cheques

bank statements

the facility to make payments by direct debit and standing order

debit cards

atms (cash machines)

3 by maintaining the account in credit, or within any limits agreed with the bank, the customer may avoid most if not all charges. if the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the banks funds. if the bank makes payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the trms of the contract. on page 1 of the leaflet, the bank explains that "there are normally no charges for everyday banking at lloyds tsb when your account is in credit.

when you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. this guide explains how these charges work, and when they will apply.

if you want to use a service that we haven't listed, we'll tel you the cost of that service before you give us the go-ahead"

4 there is no breach of contract; the charge cannot therefore be a penalty, consuquently there is no requirement that the charge be a pre-estimate of the bank's loss.

5 the customer is given advance warning of charges being imposed; statements show the charges, if any, the customent has incurred during the course of a month, and which will appear as debits on the following month's statement. customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the bank. if the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter.

6 the charges are fair and reasonable, and it is denied that they are unlawful.

7 the customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. the charge are terms which relate to the price payable by the customer for a service provided by the bank, and pursuant to regulation 6 of the nfair terms in consumer contracts regulations 1999, are not subject to the assessment of fairness.

8 in the premises:

8.1 the charges are for banking services, and are not damages nor a penalty;

8.2 the bank is entitled by contract to impose the charges, which are fair and reasonable;

8.3 it is denied that the charges are unlawful or contravene any statute or regulation.

9 the claimants claim is denied in its entirety. it is further denied that the claimant is entitled to the sum claimed or to any sum from the bank.

 

hope this can help with what answers to put on the cmis as i am struggling as to what is right.

 

Hi, try not to worry, it seems like the standard defence there. They are basically saying there charges are for a service not a penalty. With regards to which cmi to use, I am sure it doesnt help that we cant agree on this thread which is best to use, so i dont feel i can decide for you, all i can say is that the 2 i have used have had no repercussions whatsoever

I hope that helps a little?

 

Jenny

[j.barton1]

Hi, Glad it helps!! I was at mercantile on thursday for yet another cmc( my 3rd LOL)..it got stayed, but A&L promised to pay me after the test case. I had judge kaye, but another judge, judge behrens is also staying cases. I think the dec one so close to the test case will be stayed till end jan...sorry!! Unless they drop the test case...which is possible!! i hope it helps

 

Jenny xx

[j.barton1]

Good luck, keep us posted on what happens xx