Unhappybunny V Birmingham Midshires

[ukaviator]

I posted my a defence from them on my thread in Mortgages. Might be worth a look to see it is the same.

 

Uk

[UnhappyBunny]

Sorrry about the lack of updates people, I have just had a knee operation (getting back to full fitness now!)

 

I recieved the defence, and filed the Allocation Questionnaire.

 

I have now got a date for my "case management conference" which is for the mid march.

 

Should I hear any more before this "case management conference" ?

[UnhappyBunny]

I recieved a letter from DLA Piper today advising they have taken over as solicitors in this claim. No further updates to report.

[ukaviator]

Hi Unhappybunny.

Try and negotiate with Rachael Hinchcliffe.

Her number is: 01422 391096

 

DLA are taking over to go to court. That is their brief from HBOS..

Rachael may be able to settle without any costs. Are you in small claims?

 

Good luck

 

Uk

[biffa1965]

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

[UnhappyBunny]

Thanks guys, what did you propose was a reasonable settlement? Was it 50% claim + costs ?

 

What is the best way of "wording this" ?

 

Thanks again.

 

UB

[gizmo111]

Thanks guys, what did you propose was a reasonable settlement? Was it 50% claim + costs ?

 

What is the best way of "wording this" ?

 

Thanks again.

 

UB

 

Biffa got slightly more 75% - start there and work downwards - but be prepared to accept nothing for no costs.

[biffa1965]

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

[UnhappyBunny]

Well I got a letter on through from DLA saying they will not pursue me for fees if I abandon my claim against Halifax.

 

Like others they attached a photo copy of the recommendation from this forum that no futher ERC claims are started.

 

As I have not yet had the "case management conference" I don't know for sure that I am going down the small claims route, as I understand it that should be agreed at the case management conference ?

 

What do you reckon guys ?

[zootscoot]

How much are you claiming?

[UnhappyBunny]

Less than £4,000

[zootscoot]

Hi Bunny,

 

Even thouth it is under 5K it could possibly still be fast tracked. Although you could request that if it is fast tracked it should be on the basis of no costs.

 

Have they stated what the CMC is for? Is it for allocation, have they requested strike out?

 

Even if they haven't I expect they will now go for strike out as they have been threatening to do with others. If its struck out prior to allocation you could be liable for costs.

 

The safest thing to do of course would be to accept the no costs and withdraw.

 

All the best

 

Zoot

[C2mof]

Am just about to have a pop at the Midshires as they have a creative way of charging early redemption penalties to say the least. I am also having a pop at their big brother, The Halifax who seem to have a fairly cavalier approach to a customers account.

It is now time for the little man. I understand that the threat is that the account with a bank that is being chased will be closed by it as part of the game so I wonder if we have an overdraft below the bankruptcy level if we care. You can bet your life that a bad credit rating will be slapped on as soon as possible and at that point it is the worst they can do.

[UnhappyBunny]

All,

 

I decided to take HBOS up on there offer of abandoning the claim in return for no claim against myself.

 

As I understand it this does not preclude me from claiming again when we have a better handle on the situation.

 

UB.