Birmingham Midshires Erc So It Begins! **SETTLED - 3/4 paid **

[biffa1965]

Good Luck top you Bunny, mind you judging by the number of BM claims that appear to be going in I kinda get the impression that they re startin to feel the pressure. But dont worry we ve all got each other ..we l nail em..lol

[CrispDust]

Just what are the thoughts on this "breach of contract"?

Is it or isn't it?

It doesn't it actuallymatter thats its a breach?

Can anyone put some more detail on the actual basis of claim?

Is it simply and unlawful charge by way of being excessive?

[zootscoot]

You have to relate a charge to a breach of contract in order to have the protection of the penalty provisions otherwise the charge is simply a charge for a service for which they can charge whatever they like with out limit.

 

So for example a barrister could charge £500 per hour for their services which is clearly excessive and unfair but it is not unlawful. In setting the cost of a service the parties to the contract are free to agree whatever terms they like. Both UCTA and UTCCR refer to the need to show charge was imposed because of a breach of contract and also the common law provisions relating to penalties/ liquidated damages clauses equally require a breach of contract.

 

Hope this helps

 

Zoot

[biffa1965]

well, well, well, folks youl never guess what happened to me yesterday got a phone call from some legal rep claiming to represent the Birmingham midshires stated acknowledgement of court papers. But what was wierd he almost phoned up to gloat, stating that the BM were not going to budge on any issues or refunds so I should call it a day. He then went on to state how unpleasant county court was..to which i replied iam a cop with 17 yrs experience ive been in more courts that youve had hot dinners !...The man promptly hung up ! Hows that for unproffessionalism i ask you....didnt even get his name or company

[UnhappyBunny]

Really? What a bunch of muppets - shame you never got his name and company we could have gone to town with these antics in the press

[paulwlton]

It sounds very much like scare tactics to me, county court isn't that unpleasant, i was in court last Monday with a claim against RBS.

 

Paul.

[UnhappyBunny]

How did it go with RBS?

[Les Gunn]

LMAO!

 

Good on yer biffa!!

 

 

 

well, well, well, folks youl never guess what happened to me yesterday got a phone call from some legal rep claiming to represent the Birmingham midshires stated acknowledgement of court papers. But what was wierd he almost phoned up to gloat, stating that the BM were not going to budge on any issues or refunds so I should call it a day. He then went on to state how unpleasant county court was..to which i replied iam a cop with 17 yrs experience ive been in more courts that youve had hot dinners !...The man promptly hung up ! Hows that for unproffessionalism i ask you....didnt even get his name or company

[biffa1965]

Folks i have recieved my court paper acknowledgment from MCOL. Court case number 6QZ83793.They have told me to consider the Birmingham Midshires to have been served on 20th November 2006 and have added that they have until 4th December 2006 to reply. Does that mean if they dont acknowlege on mcol by th 4th i can click the 'auld' judgment button ?

[biffa1965]

Help......lol

[zootscoot]

Generally MCOL give a few days grace. Generally Birmingham Midshires will acknowledge and then pay out at the end of the 28 days. So not too long to wait!

 

At least you've got the other payout to keep you going for a while Lol!

 

All the best

 

Zoot

[biffa1965]

cheers Zoot theres always something about you that gives me a wee warm feeling in me heart...lol

[shovey]

Hi biffa i left in my claim form to the court, just awaiting my claim details. I wish u all the best with your claim and i will keep an eye on your thread.

[biffa1965]

cheers shovey good luck to you too mate

[biffa1965]

Well folks the 14 days are up and Birmingham Midshires have still not lodged a defence nor an online ackowledgment,As expected MCOL are allowing a few extra days grace as they will not allow me to enter judgement by default. I wait with baited breath

[ukaviator]

They will probably file a defence. I had the same thing. Interesting thing though, when the AQ and their defence arrived the court documents had a leaflet about trying to settle this out of court. 11 phone calls to show that i am prepared to negotiate and they still can't give me an answer. Person in BM hot seat apparently on holiday. So their solicitors are waiting for instructions. Mind you their defence is weak. Kept on about me signing for the charges etc....This won't look good in front of the judge when i present my phone bill with all the calls made to try and be reasonable.

 

Uk

[biffa1965]

Day 15 and the buggers have lodged an acknowledgment ! Another 14 days to go.....bugger!

[ukaviator]

I know.. They will probably put in a defence after that.

 

Uk..

[biffa1965]

Cheers UKaviator at what stage are we likely to see these buggers pay up? or do you think we re gona go to the wire with the Midshires ? Seems to me that lickthewallfatboy and co have caught em at the right time theyre appear to be digging their heels in

[zootscoot]

I have heard rumblings that DLA Piper (Abbeys former solicitors) are now acting for Halifax which would probably include BM. If so, they drag things out to the last minute and then pay up...

 

Chin up boys!

[ukaviator]

It does seem that there are some internal movements. I called them last week to again speak to their solicitor on my case. Seems she is always on holiday, the secretary appointed to her had a look for my file and said that the files are all over the place and can't find mine. She did say that due to the increased workload they were getting help and moving in more desks.

 

 

Uk. . .

[biffa1965]

Well Folks , the buggers have entered a defence and i have recieved their defence today from the courts.il post the exact details of their defence on here shortly but its almost the same as that of UKaviator. They have also asked for the case to be heard at Liverpool County Court

[gizmo111]

Where is your local court?

[UnhappyBunny]

Biffa,

 

I got there defence yesterday too...

 

Just about to fill in the allocation questionairre now.

[biffa1965]

got mine the other day too going to fill it in tomorrow.whats this extra £100 ive got to fork out to the courts