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

[dolly]

Really hope that the judge does what he should Biffa......tense weekend coming up!

[TideTurner]

Biffa, when you filed your N1 was it for Biffa v Birmingham Midshires, Biffa v Halifax or Biffa v HBOS?

[biffa1965]

my case is v Birmingham Midshires. theyre all part of hbos now though. i dont know whether its a blessing or a curse to be dealt with by their own solicitors or that DLA Piper mob theyre farming claims out to

[TideTurner]

Thanks Biffa, this shows that a case can't be thrown out because you are suing the wrong organisation. Halifax have stated that my account is being administered by BM, and I am wary of the Halifax BOS merger. Want to make sure I'm suing the right one - don't want it thrown out on a technicality.

[gizmo111]

Citi had a case thrown out cos the claimant sued citifinancial international instead of Citicards - same registered address so make sure you are suing the correc company.

[biffa1965]

no problems there, im dealing with the birmingham midshires no doubt about that one

[gizmo111]

no problems there, im dealing with the birmingham midshires no doubt about that one

 

Good Luck - I am i nthe same position as you - ME were supposed to disclose by list today and they haven't.

[biffa1965]

best of luck with that Giz. to be honest i just hope the judge gives me judgement

[ukaviator]

My Fingers are crossed for you my friend. I will be watching on Monday.

Have a good weekend

 

Ukaviator

[biffa1965]

cheers Uk given recent events im 100% convinced this is my only avenue to success with regards to this claim,especially given what the barrister allegedly said at maroons hearing

[Janet-M]

Biffa I'm in Liverpool so when your nearer your date for court PM me and I also will come and support you if you want

[biffa1965]

no problem wil do janet, cheers

[TideTurner]

Same here Biffa, let's take a crew.

[dolly]

BIG FAT BUMP to see if it was thrown out

[biffa1965]

phoned county court this mornin and this afternoon, chambers section confirmed file still upstairs with the judges.....this is startin to get me down now, just want to know....p.s. by the way still no sign of BMs Disclosure.

[dolly]

Oh FFS, wish the judge would hurry up and do what they SHOULD do. If it were us and not some huge organisation I bet they wouldn't be that hesitant in sticking the knife into us.

[paulpb123]

It does seem as if the courts are letting us down and giving the big companies the benefit of the doubt almost every time. Let's hope for some good news tomorrow Biffa. Dolly, what does FFS mean? .........don't answer that I just realised!

[biffa1965]

my fear and i must admit(i think will happen) is that the solicitor from BM will resume from her hols on wednesday to find my bundle lying on her desk and immediatly apply for additional time to submit their disclosure regardless of the fact that the judge ordered full disclosure by 26th jan. iam still hopin it goes my way in the next day or so

[TideTurner]

Biffa,

 

This could happen, but will be looked at as delaying tactics. Would a Judge wait for a Solicitor to come back off holiday?

 

As stated, look for the tan.

 

Tide

[biffa1965]

The court system in this country is a bloody joke !!!!!

 

In the post today i got a court notice stating that the BM had requested an extention of time to submit their bundle by 4pm on 23rd feb 2007, they ve obviously received my bundle and **** themselves and made an immediate application for more time.

 

IN THE MEANTIME i phoned the court and the file has come back down, the judge in his wisdom has ordered that i make a further application to have my request for a strike out of the defence heard at an hearing. This is going to cost me another £35 ! and the hassle of going to court to tell the judge how they failed to adhere to initial court directions. Their pathetic application for more time must have been lying on the file when it went up to the judge with my application for the strike out. YET ANOTHER BLOODY EXAMPLE OF THE COURTS KICKING THE LITTLE PERSOM WHEN THEYRE DOWN. where do i go from here ???? is an hearing likley to result in a strike out of their defence ????

[zootscoot]

No they are liekly to get the extension and you will have to pay costs for the hearing.

 

I would start negotiations to try to reach a settlement.

[biffa1965]

Folks iam now at a loss as to where to start any degree of negotiation in relation to this claim.

My costs in relation to this claim have been

£120 initial mcol fee

£100 court process fee

£35 application fee (for strike out)

the claim itself is about £3,150.00 (with court fees and interest would have been approx £4,005.00 (hence small claim)

 

Iam at LBA stage with a smaller BM ERC (Havent submitted clourt claim yet and wont in all honesty after this charade !)

Iam also claiming 350 charges back from HALIFAX bank charges, at LBA Stage (BM all part of HBOS as you are all aware)

where do you suggest i start negotiating? what i propbably need to know is what their likley costs would be to go to court on this court date set on the 21st March. I have noted Zoots comments above and reluctantly agree that i need to try and salavage some sort of settlement here prior to court.

What are thy likley to be spending in terms of probably referring the matter to D.L.Piper and costs of barristers on the day. i need to try and use this before contacting them tomorrow with a view to my salvaging operation. (tomorrow being the day the solicitor comes back off her hols) God i hate the birmingham mids ! and the courts even more. All help ,guidance and advice would be welcomed.My only ammunition now is to convince them to settle to avoid the costs theyd be incuring in the hearing date. HELP !!!

[biffa1965]

I not half feelin miserable today folks !

[TideTurner]

Biffa, I would stay on target with this and wait for them to submit their bundle. Any costs will be added to any Judgement.

 

Ask yourself again, why are they delaying?

 

I'm right on your tail with my claim against them.

 

JMHO, but I'd wait to see what their defense is.

[TideTurner]

I not half feelin miserable today folks !

 

I'm not, she's gone the Bingo.