Birmingham Midshires-you Will Not Believe This! ** WON **

[biffa1965]

Allo folks just some advice if you can please. three weeks ago i sent off my initial letter asking for charges to my morgage account to be reimbursed. To my amazment the Midshires responsed fairly quickly stating that they would reimburse the claim in full (£500) but with certain conditions attached.ie not to make any further claims against the Midshires or any of its subsiduary companies.(going after my ERC with them by the way), I obviously wrote back to them thanking them for the offer, but respectfully requesting that the claim be made unconditionally.

I have today received a letter from the Midshires stating that they are not prepared to budge, the offer only stands on the conditional basis. IAM GOBSMACKED !.

What do you advise folks ? go to LBA stage or straight to MCOL. I am so surprised theyve done this. mind you I got a letter of rejection in the same post re the ERC. maybe that had some bearing on it. Any advice folks?

[nathal]

stick to the template letters and timescales

 

there is a rejection of offer letter on site

[biffa1965]

Cheers for the advice Nathal but iam still pre LBA stage.you reckon I should still send formal rejection of offer letter then?

[gizmo111]

Cheers for the advice Nathal but iam still pre LBA stage.you reckon I should still send formal rejection of offer letter then?

 

Yeah - you have to acknowledge their offer and accept in partial settlement unconditionally before issuing claim - make that part of LBA. The nthey will probably withdraw it.

[Guest Partypip]

Sorry to jump thread, Can I ask how long it took for your statements to come. ??

 

 

I sent my sar to them a few weeks ago, and had a form back from them to fill in. Phoned them to tell them im not filling the form in and she said they would sent them out....

 

still waiting ...

[biffa1965]

To be honest Pip i think it was about three weeks after SAR was sent in before all the gumph turned up. and I mean ALOT of gumph. Their data isnt easy to understand but i managed to work things out after a while.

[lickthewallfatboy]

don't worry-they'll cough up!!

 

they are just getting a little more twisted as the claims come in,but they gave me £5120 of an ERC back at the defence stage

[biffa1965]

MCOL Submitted today, heres hopin...claim number 6QZ83327

[zootscoot]

Best of luck Biffa

 

Don't forget to pm a mod your claim no, date issued, amount claimed and who from so that it can be added to the litigation section.

 

Zoot

[ukaviator]

Well done Biffa. The defence i had was full of holes. Waffle about i accepted the conditions etc. Just waiting for BM to get back in touch after their solicitor went back to them for a reply to his question about going to court.

 

Good luck

 

Uk..

[biffa1965]

will do zoot no probs

[biffa1965]

Cheers UK Aviator, i take it from your last posting that the buggers at Birmingham Midshires will likely to lodge a defence against this, not that im unduly concerned.just hopin that its not going to be a ding dong involving several letters...lol. mind you i love a good ding dong.

[ukaviator]

Hi Biffa

 

They will file a defence,but i was offered half straight away. Can't use that against them in court though as they marked it 'Without Prejudice'...

 

 

Good luck

 

Uk..

[ellielou]

What is the significance of the 'Without Prejudice' on a letter?

 

I've put it on some of mine but have never understood the relevance.

[ukaviator]

Hi Ellielou

 

The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court. Dodgy lot Solicitors are'nt they?..

 

Hope this answers your question.

 

Uk...

[CrispDust]

but the withouit prejudice can work against them in court, if they try to show you have been unreasonable in refusing a reduced offer - since they cannot make reference to it!

[biffa1965]

well bugger me ! got letter from BM this mornin offering full settlement without conditions. Would you believe that....especially after two letters sticking by their guns insisting the offer was only applicable with conditions attached.

[zootscoot]

Congratulations

Thats fantastic news

:D

I'll arrange for your title to be changed. Don't forget to fill out the survey.

 

Enjoy your payout!

 

All the best

 

Zoot

[biffa1965]

thanks Zoot would like to send a donation to the site how do i go about it ?

[zootscoot]

Thats most appreciated Biffa!

 

If you do the survey the donate button usually comes up somewhere. If not if you click the site map there should be a donate button somewhere. You can pay either through paypal or I think you can do a direct card payment. If you would rather pay by cheque you would need to pm Bankfodder and ask for details.

 

Thank you on behalf of CAG

 

Zoot

[biffa1965]

cheers Zoot il sort that. Thanks again

[sammyjammy]

Congratulations!

 

Have you still got a case for the ERC or have they settled for that as well. Enjoy the money.

 

Sam

[Guest Partypip]

Well Done Biffa !!

 

BM offered me half of the money back after prelim letter with conditions. About to send rejection letter and LBA today.

[ellielou]

Congratulations Biffa - that's brilliant news.

:D :D

[biffa1965]

Folks my ERC claim is stillongoing with them, they have 4th december to reply. still no acknowledgment on mcol. Stick with it Pip theyl relent in the end