Thread: Birmingham Midshires *WON*

I am just about to put a claim into the system against Birmingham Midshires. I expect the claim to get stayed once they tell me to go away, and i submit my N1.
I want to get it in the system anyway.
I have listed some charges below that i am not sure whether i can claim back.
I welcome your opinions.

£25 Charge for arrears collection outbound activity-Phone call.
£40 Standard arrears letter reference SP2.
£50 Standard arrears letter reference FD-Formal demand for payment.
£100 Standard arrears letter reference COM-Repossession proceedings.
£50 Standard arrears letter reference CCAN-Repo proceedings adjourned.
£50 Standard arrears letter reference L50COM-New application for Court Hearing.
£50 Standard arrears letter SCORDER-Possession order granted.
£40 Standard arrears letter reference PRENF-Pre-enforcement notice.

The charges total £2,132.01p going back to 2003, so well worth the effort.

Thank you in advance..

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Originally Posted by tonycee

I am just about to put a claim into the system against Birmingham Midshires. I expect the claim to get stayed once they tell me to go away, and i submit my N1.
I want to get it in the system anyway.
I have listed some charges below that i am not sure whether i can claim back.
I welcome your opinions.

£25 Charge for arrears collection outbound activity-Phone call.
£40 Standard arrears letter reference SP2.
£50 Standard arrears letter reference FD-Formal demand for payment.
£100 Standard arrears letter reference COM-Repossession proceedings.
£50 Standard arrears letter reference CCAN-Repo proceedings adjourned.
£50 Standard arrears letter reference L50COM-New application for Court Hearing.
£50 Standard arrears letter SCORDER-Possession order granted.
£40 Standard arrears letter reference PRENF-Pre-enforcement notice.

The charges total £2,132.01p going back to 2003, so well worth the effort.

Thank you in advance..

Hi TonyCee,

Why do you think your claim will be stayed? I thought these were going through fine?

Thanks,

Penfold

I thought the courts were putting a blanket stay on "all" claims relating to "unlawful charges".

Originally Posted by tonycee

I thought the courts were putting a blanket stay on "all" claims relating to "unlawful charges".

I could be wrong, but they are not for credit card charges so why would they for mortgage Charges. I am sure someone will be along soon to clarify for us,

Penfold

Originally Posted by Dangermouse

Any update on this guys? I am also going to start a claim for mortgage 'arrears fees' & charges etc.

Unless popular wisdom suggests it is not a good idea.


Dangermouse

Hi DM,

I am starting mine...just got another week to go then N1 form straight in...

Penfold

If anybody has ANY comments, i would welcome them.
I would really like to get my Prelim done over the weekend.
Thank You.

Thank you for your reply. I am aware that mortgage claims should not be stayed, and therefore i want to proceed.
My question related to the charges applied in link 1 above.

Hi Tony the charges are fine, none are ERC's so that should not cause any problem. Also I am including my exit fee out of...well the hope they settle before court and so pay it anyway...

I put my POC's on my thread Amber homeloans if you want to have a look,

Penfold

Thanks for your help..

Prelim letter for £ 2,122.00p printed and ready to go Monday 28th Jan.

S69 interest works out at another £ 566.91p.

NOW the funs begins.

Hi Tony,

We've had a few successes with Birmingham Midshires. You can see a couple here although they are quite old, I've not seen any claims recently:

http://www.consumeractiongroup.co.uk...-you-will.html

http://www.consumeractiongroup.co.uk...s-halifax.html

They are linked to Halifax and have the same legal team so it might be worth checking up on their tactics too.

Best of luck

Zoot

Hi Tony.
Nice to chat to you again after our discussion some time ago on another thread, I applied for all my statements and like you there is loads of chargers however I have yet to do anything about them for the simple reason I read somewhere that you could not claim litigation fee;s etc
Ok well I am going for it. what is the interest we claim on mortage fees do you know.
pen

I received Birmingham Midshires response today offering me 50% of my "complaint".

I shall be accepting as part payment, and proceeding for the full amount.


Their letter states that i agreed to the T&Cs, their charges are fair, lawful, and do not breach the terms of the UTCCR legislation.

Well, they will have no problem proving that in court then.

My letter will go off over the next couple of days.

One thing that made me chuckle.
I have been given a case manager. In signing off on her reply, it states,

I work 09.00 to 15.30. Mon, Tues, and Thurs.

Nice work if you can get it.

isn't it just would you believe I have mis-laid my all my document's somewhere. what I bummer as I am dying to add these chargers up good for you!!

Interesting is this after court case issued or before still? I got nothign out of Amber and put my N1 form in yesterday...These guys are silly really. Still never mind,

Penfold

Originally Posted by Penfold92

Interesting is this after court case issued or before still?

Standard pre lim requesting repayment.

Im going to have fun with my reply.

Update.
.
.
.
Won Won Won Won Won.
.
.
Having received and accepted as partial settlement, an offer of 50% of my claim, i have today come home to an offer of £ 2,075.00p as F&F.

Its only £47 ish short.

I will be accepting this offer, and would like to thank you all for the help and encouragement.

The knowledge that i have gained since finding this site has been invaluable.

Again, Thank You.

My donation will arrive in due course.

Dont give up people..You CAN do it to..


.

Well done hun