Mercantile courts???

dixie_dean_2 · 3 February 2007 at 9:23AM

Just received a letter through the post this morning saying my mates case has been moved to the High Court! It gives a court date of the 7th Feb and says is transferred to the High Court, Queen's Bench Division (Mercantile Court), although it says they will remain in and be dealt with by the Leeds District Registry.

There is a large list of cases, all of the same nature, that have been transferred - any ideas what's going on? By the way, I'm now !!!!!! myself!

Rex_Mundi · 3 February 2007 at 9:32AM

This has been happening for a while now. This is nothing to do with the bank. It is the court that has done this.

They are trying to push cases up to the Mercantile Court because a precedent can be set in this court. If a precedent is set regarding these bank claims, it would help the court system when dealing with future cases.

Over at https://www.consumeractiongroup.co.uk they have a section on cases transfered in this way. I recommend you head over there (you need to register, it's free the same as this site), and read up on what this move means.

So far (IIRC) all the cases transfered in this way have been settled by the banks before the hearing.

dixie_dean_2 · 3 February 2007 at 9:37AM

Just to set the scene, we had reached the stage of court allocation questionaire, which did not have to be returned till about the 16th of Feb and I had just sent their solicitors the further information they had requested (full schedule of charges, which specific parts of common law and the UCTA 1977 we were relying on and a few other bits and bobs). The claim is for just under £5k plus about £2k of interest. The letter from the court also says "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 (please, dear god let it not be mine). Consideration may also be given to whether is is appropriate to treat this as Group Litigation to which the provisions of CPR Part 19 apply".

Is this the banks finally trying to win this? Or is it the court getting !!!!ed off with hundreds of cases and wanting to end it? There is a list of 79 cases (although many of these are marked as settled)and it says "In view of the number of cases involved a half day has been allocated". Does this mean we are all being seen together or will have a few minutes to state our case very simply?

Aaaaaaaaaaggggggggghhhhhhhhhhhhhhhhh

I've posted this at CAG already by the way.

Cheers

dixie_dean_2 · 3 February 2007 at 9:42AM

Cheers, just reading that on CAG now...fear changes to joy. I thought with it being many different banks it must have been the courts' decision. Hopefully they will settle before then - only gives them 5 days though!

lwjchapu · 16 March 2007 at 1:24AM

My claim for nearly £2k against Barclays has been referred by Lambeth County court to the mercantile courts. Is this usual? What are mercantile courts? Is the procedure likely to be any different?

Any advice welcome,

Luke

loren83 · 20 March 2007 at 6:59PM

What does this mean??

Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of recieving it.

IT IS ORDERED THAT

The action be transferred to Central London Civil Justice Center for the attention of His Honour Judge **** ****, Q.C.

esmerellda · 20 March 2007 at 7:07PM

Thats the Mercantile Court.

Very good news for you.

The bank will settle before you get there for a hearing so don't worry. You will probably end up being bulk listed with 100 odd other cases the same against various banks for a directions hearing.

http://www.dca.gov.uk/civil/procrules_fin/contents/parts/part59.htm

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

Some reading for you

loren83 · 20 March 2007 at 7:44PM

Thank you soooo much, i paniced when i saw the letter

mexico_2 · 29 March 2007 at 5:07PM

I'am in need of help.can anyone help?? I have been pursuing Abbey National for my bank charges,they have shut my account,set debt agency onto me,paid into my account £665,without my knowledge,then requested that the court hearing be at Milton Keynes,which has been returned to the court that I started proceedings at,Now the court has sent it to Mercantile Court?? can anyone help as this is all new to me and I have not even heard of this court.What does this mean?? Thanks.Steve.

mexico_2 · 30 March 2007 at 2:23PM

I'am in need of help.can anyone help?? I have been pursuing Abbey National for my bank charges,they have shut my account,set debt agency onto me,paid into my account £665,without my knowledge,then requested that the court hearing be at Milton Keynes,which has been returned to the court that I started proceedings at,Now the court has sent it to Mercantile Court?? can anyone help as this is all new to me and I have not even heard of this court.What does this mean?? Thanks.Steve.

nickmack · 30 March 2007 at 2:41PM

mexico wrote: »

I have been pursuing Abbey National for my bank charges,they have shut my account,set debt agency onto me,paid into my account £665,without my knowledge,then requested that the court hearing be at Milton Keynes,which has been returned to the court that I started proceedings at,Now the court has sent it to Mercantile Court?? can anyone help as this is all new to me and I have not even heard of this court.What does this mean??

http://forums.moneysavingexpert.com/showpost.html?p=4208533&postcount=2

Mercantile courts???

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