Issued Court Claim Form

[ClaireCardwell]

I have now issued my Court Claim against Birmingham Midshires, and it is deemed as served today.

One thing the Court did say was that I need an alternative address for Birmingham Midshires if judgement is made, as this cannot be sent to a PO Box address which is what's on all their correspondence.

Does anyone know or have an alternative postal address please?

BM havent even replied to my original letter asking for refund of charges, they did ring up to say they will deal with it in normal complaints way - ie 6-8 weeks, told them my letter was clear and if no response in 14 days would issue - which i have done.

So now it's a waiting game 14 days for Ack of Service, they'll say they are defending, then another 28 days to lodge defence or refund me.

Let's see how they deal with it.

C x

[rebel11]

Hi Claire

 

Birmingham Midshires is a division of Bank of Scotland plc. Registered in Scotland No. SC327000. Registered Office: The Mound, Edinburgh, EH1 1YZ.

 

Theres some more info here:

 

http://www.bmsavings.co.uk/existing-savers/managing-your-account/general-account-management/

[ClaireCardwell]

Great thank you, hopefully they will settle with me prior to judgement.

 

Claire

[ClaireCardwell]

Just to update you all, they (as expected) lodged Acknowledgement of Service, on the last day saying they were going to Defend. They have now put their address for service as the Halifax head office in Leeds.

So their 28 days to lodge defence from date of service is Tuesday 9th August (next week) and to date I have not heard a thing from them offering any kind of settlement - is this just a scare tactic they are using on me, as I must admit am getting a little nervous now am getting nearer to the deadline. Am wondering if I am going to have to request judgement or if they will lodge a defence? Anyone successfully got money back from BM that could tell me how they operate?

 

Thanks

 

Claire x

[removalman]

Hello Claire,

 

Good luck with this.

 

I also have a potential claim against BM for arrears charges.

 

How did you decide what is a reasonable charge or what was fair? Or have you just gone for the lot?

 

Regards,

 

Tony.

[ClaireCardwell]

Tony,

sorry for the delay not been on my computer. I obtained by statements vis SAR. I went through them and did a schedule of the costs showing as "assess fees". These were normally £35, £40, £50 pound charges. The ones showing as capitalisation arent charges.

I am pleased to report I have won my claim against BM and they paid me £2910 on Monday I had issued Court Claim and they did lodge acknolwedgement of service saying they would defend. They then contacted me 4 days before the deadline asking me would I settle and going through the figures. We agreed via email correspondence the amount, and they confirmed settlement. They wanted to fob me off by saying it would take 10 working days to pay, however I said if they wanted me to lodge the documents at Court to say they have settled prior to the deadline I would want receipt of the money. A cheque arrived yesterday which was the last day. Just waiting for it to clear.

 

Good luck with your claim, if I can help at all, get in touch.

Claire

[removalman]

Wow!

 

Many congratulations. I bet you're delighted. Your success will certainly spur me on!

 

Just one other question, did any part of the sum you claimed include any legal expenses incurred by BM when you when in arrears?

 

Regards,

 

Tony.

[Blossomandebony]

Another great success!

 

Well done, Claire, this will encourage others in taking action. The simple fact is that mortgage charges of £30 - £60 are ridiculously high, totally disproportionate to what the company's true costs are and unlawful to boot. The mortgage companies know this and will not defend claims of this type!

 

BAE