The concept as i see it, is as follows. you send the bailiffs into the nearest branch of the Birmingham Mids, my local is bold street in liverpool, The minute they land there would be frantuc phone calls to head office, with a possible release of funds over the counter authorised by head office. This is exactly what happened with my mate who sent the bailiffs into his nearest branch of the Co op bank.Have a think about it

Any news Pip ?

congrats willow

07.01.2007 Dear Mr/Madam Account Number: Birmingham Midshires Mortgage Account Number :xxxxxxxxx Claim Number: xxxxxxxxxx Court Hearing Liverpool County Court xxxxxxxxxx With regards to the above I am writing to you regarding my claim for the refund of the early redemption charge of £3,786.99, (which is inclusive of calculated interest to the date my initial claim was submitted via Money claim Online) plus £235.00 court costs ) Total £4.041.99. As a gesture of goodwill and in accordance with my duty under the Overriding Objectives of the Civil Procedure Rules, I would be prepared to accept a one off payment of £2,500.00 + £235.00 (my court costs) total £2,735.00 as full and final settlement of my claim. I am prepared to accept this lower sum so the matter can be dealt with expeditiously without the need to invoke the time of the courts. Please note I have had a change in my personal circumstances in the last ten days and this has placed me in a position whereby I am able to make this proposal. I am also fully aware of the likely costs that may be incurred by you in preparing a defence to the above case. As you are fully aware this hearing has been allocated to the small claims court and as such in the unlikely event that the case is found in your favour, you would still have significant legal costs to meet. It is also for this reason that I make the above offer. Furthermore as you may be aware I am also preparing to submit a further claim in relation to an additional redemption fee imposed for the sum of £669.02 in relation to my additional mortgage account xxxxxxxxxxx . I have submitted a letter before action in relation to this case and will be instigating court proceedings within the next 14 days. I am also in the process of reclaiming bank charges from the Halifax Bank for the sum of £329.00, a Letter before action has also been issued in relation to this claim and again I will be seeking to submit a court claim within the next 14 days. However I am happy to waive these claims and sign any declaration not to undertake any further action against HBOS or any of its subsidiary companies if the above offer of £2,735.00 is fully paid I would therefore be grateful if you could seek advice from you client in relation to this proposal and advise me accordingly of their decision in relation to the proposal. I am sure both parties do not want to engage the time of the Courts Service. Yours faithfully, try this bunny

pip dont worry just point out that your prepared to accept a smaller sum state that youve had a change in personal circs hence reason you can reduce your settlement offer, go for it girlie !!!

Pip go straight for settlement, if you get judgement then so be it, use it as part of any negotioating. personally id just ring rachel and put your proposal to her, in the meantime im pm you my proposal letter use it if you wish, BUT DONT PROGRESS THIS CLAIM FURTHER.....NEGOTIATE PET....biffa

Buck check out mine and Ukaviators threads, DO NOT TAKE THIS ANY FURTHER !!!! Contact Rchel Hinchliffe at Birmingham Mids (HBOS) and negotiate a settlement, i would advise in your case about £1,800 plus your costs. Rachels number can be found on UK;s thread. Do it now before D.L Pipers starts working on your case.......BIFFA

no probs mate

chase it up UK

any chance of a copy of your letter uk ? think il have a dabble.lol

pip, further to the above i had my letter (ie settlement proposal) to hand when i spoke to rachel, she then asked me to fax her it straight away. she then went on to state that she would get a decision within two days. if you want il pm you my letter that i used, i know that Tallchap has used parts of it too. Thyeve agreed to settle approx 3/4 of my claim i would target the same amount (60 to 70%) of your original claim and emphasise youl make no further claims against them. let me know if you want a copy of my letter....biffa

here here to Uk's comments above. Pip try and settle and believe me Rachel is your best bet

what just out the blue ?? is this your first contact with them UK ? If so i might just try that ploy with Bristol and West and the Chelsea who were next on my hit list......biffa

Bunny take Uk's advice pet, try immediatly for settlement and certainly do it with rachel hinchliffe, she seems very reasonable...good luck biffa

Blimey Folks me cheque turned up this morning !!!!!!!!!!!!!!!!!! Il give this rachel hincliffe girl her due, she dosent hang about !!!!!! it must have literally been dispatched as she was on the phone to me !!! Will now get onto Liverpool County Court and cancel the claim. Bunny deal directly with Rachel. Uk have you had your cheque yet mate?

cheers Zoot...luv ya x

Pip, given the recent events that have taken place i would personally accept any offer that is now on the table...take it and run pet.....biffa

Cheers everyone, the original claim was for £4,002.00 so the settlement is just under 3/4 of the original sum. iam very pleased, Cheers for your comment Ukaviator i will follow your advice...........biffa

I cannot believe Iam posting this today !!!!!!! I today recieved a phone call from Rachel Hincliffe from the Birmingham Mids stating that they have accepted my proposal for settlement. They have agreed to an out of court settlement of £2,750.00 as full and final settlement, iam assuming i will have to relinquish all other claims against HBOS. but i have no problem with this. Iam glad i followed Zoots advice and negotiated instead of immediatly withdrawing. (please note thats no disrespect to zoomans advice). I firmly believed i have managed to grab the last crumbs from the lions mouth before it snaps its jaws shut ! i consider myself very lucky whilst at the same time my heart goes out to those you have had to withdraw their claims and those who have suffered recent losses. i want to thank Zoot, Ukaviator, dolly, Tideturner, Gizmo paulbp123 and all those other good folk who have supported me throughout all this...love ya all !!! will advise when the cheque comes. Rachel has stated that iam not to cancel the case til the cheque arrives. wha hey !

Iam behind you all the way Zoot. Count me in !!!...........Biffa

zoot ive noted that you advised paulbp123 not to withdraw from his case directly with the courts as it could result in the defendent claiming costs up to that point, is that still the case with small claims ie my situation ?

cheers Al will do

zoot as ive already pointed out ive submitted a proposal to the BM (half the original claim) as ive pointed out above ive had no reaction as yet and indeed their atitude was frosty to say the least.Thier bundle is due in 23rd feb, at what point do you suggest i throw the towel in? or hold out for the trial date 21st march.Iam not confident at all to them agreeing to a settlement. also are you suggesting i check my original contract that i had when i was with them to see if theirs a court costs clause

what ? even in small claims they can claw back costs?

my hearing is listed on 21st march small claim v Birmingham Mids. they have until 23 feb to complete their bundle ive already submitted mine...are there any possible cost implications to me, if i withdrew now. theyve made no application for costs and it is appearnt theyre not going to negotiate....biffa