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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following:     1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx          
    • I passed on the article and link to friend. Between us we will now try get the required info to the correct location so that they (whoever in the Govt) can sort out what he is owed. I will keep you updated.  This thread may help others in similar situations. Ethel Street - very helpful research.  Thank you.  Seems like you came up trumps!
    • numerous erudio/drydens claimform threads here already - use our search top right.   your appears to be statute barred as you've never heard of erudio so would not have deferred since your last direct deferment to SLC in 2013    if you wish to bother to even send CCA/CPR that's upto you but the bottom line is to erudio you've ignored everything to date yoy might also ignore a claimform.   but ofcourse you are not!!   if the above is true   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following: 1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx      
    • Well I would want my £50 back also but hey ho if your satisfied its been resolved.....there was no way you could ever be liable anyway as your contract was with TC not RC.   Thread title updated.   Andy
    • Have you not already served a CPR 31.14 ?   You dont request the agreement by way of a CPR 31.14 you use a CCA (section 78) request which you have already done and they have not complied.Therefore they remain in default of your request and unable to enforce the agreement.   Screen shots of the application/sign up are not compliant with a Section 78 request.
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WA1306

Birmingham Midshires application for permission to renew a warrant of possession after 6 years

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cant KEEP saying this more than i already have multiple times

you never ever use phone nor email.

 

you were simply a bit late.

forget their nonsense.

 

dx


..

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Hi,

 

I wrote to Birmingham Midshire few times and enclosing income and expenditure but no response from them. I complained and received the attached letter upholding my complaint and offered £50.

 

Also mentioned that they can't capitalize arrears because no payment in August and asking me to call them. August payment wasn't missed but Late by 10 or 12 days.

 

Now I have received letters from their solicitor and Birmingham midshire that I need to either pay arrears in full or contact them by phone to agree on repayment of arrears or they will apply to court for eviction date.

 

I am very distressed as I have been paying monthly payments since January and kept writing to them but because of last year's arrears they are applying for eviction date. 

 

I don't want them to apply for eviction date but if I call them their staff will again not positively deal with my account over the phone. 

 

Do I  have any options at this stage?

 

I have attached copy of letters. 

 

Please help as I need to call them tomorrow. 

 

 

Scanned_20191111-1908.pdf Scanned_20191111-1911.pdf

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Very unfair

Write ba k to him

 

Tell him you do not consider the complaint closed

 

BMS have failed to research my payment history correctly

Aug 19 was met but late because xxxx

I do not believe the refusal of no cap is fair.

 

There is no legal requirement for me to discuss anything by phone and i have been very intimate d by your companies previous treatment toward myself over the phone.

 

I will only communicate by writing


..

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Thank you, I  will reply to the complaints team but the eviction team and their solicitors will continue with their application for eviction date. 

 

I am worried that if I don't call the eviction team I will lose the opportunity to stop eviction before it goes to court. I don't want to challenge the eviction after court order. 

 

Is El-Enn not in the forum?

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You do not call anyone!!

 

Its says ask not the will anything..

Simply designed to make you panic

add to your letter back something like please advise xxx of the same


..

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What shall I add to letter, ex of the same?

 

What if I call for the last time and warn them I am recording the phone call?

 

I think if I don't call they will will apply for the eviction date. I can't afford to fight the eviction with 4 children and mother living w I'll l me.

 

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Advise whomever sent the vailed threat of eviction

 

You do not call then

Stop panicking

 

Write!!


..

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Hi there you need to write to them again explaining the August payment.   I can help you with the letter but it will be later this morning as I am at work and quite busy at the moment.


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Hi, managed to get letter done, (affixed) make sure it is sent by special delivery so they get it the next day.

WA 1306 letter Nov 19.doc


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Hi Ell-Enn, many thanks for the letter.  Much appreciated. 

 

I was I'll send today as you recommended. 

 

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One more question,  this letter should go to complaint or eviction team?

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post 103 already refers.

write back directly to the named person who replied to your complaint letter

they know your case

unless ell-enn suggests otherwise


..

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Thank you,  I have posted the letter to the complaints.

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I would have sent it to the eviction team as they are the ones threatening you.................  guess you'll just have to wait and see if complaints pass it on.   You could always email a copy to the eviction team if you have their email add.


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I think I have their email address.  Will email copy to them.

 

If I can't find their email address then I will send copy by post. 

 

Shall I amend l letter to add if they don't capitalize arrears then let me know how much per month I should pay towards arrears based on income and expenditure I sent last month. 

 

Please note currently I am  not paying anything towards arrears. 

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I thought you were already paying an amount towards the arrears?   you should always pay something towards them.  They won't capitalize the arrears while you're not paying....  and you are at risk of them applying for eviction which, if you were to defend, the judge would want to know why you haven't paid towards the arrears. You're placing yourself in a very precarious position.   It's not a good idea to stop paying towards the arrears just because you haven't had a response to your letter.


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From January to June this year I paid £500 towards arrears. I was paying £1700 every month.

 

From July until LG last payment in October I am paying £1182 every month.  

 

I think my monthly payment is about £1070. Need to find out exact monthly payment. 

 

I must be paying £50-£60 towards arrears I think.

 

I understand I am in very difficult situation.  Shall I call them tomorrow to not further delay the risk.

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No do not call them

you are doing ok then

 

take control not let them control you and your money.

 

Dx


..

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I understand what you are saying but if my case is weak I would prefer to try and come to an agreement before they get the eviction date from court. 

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I thought you had made an offer earlier this year to pay a certain amount towards the arrears? 

 

You say you are currently not paying towards the arrears - why is that ?


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What if I pay £1000 tomorrow morning towards the arrears? Just to bring arrears down and show that I am willing to pay towards arrears?

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I paid £500 for 6 months towards the arrears.  After 6 months I wanted them to capitalize arrears.

 

I was also slightly struggling to pay 500 every month. I understand I should not have stopped but I made mistake.

 

Shall I pay £1000 tomorrow?

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Any payment you make towards the arrears is a positive step.  Going forward you should only offer and then pay what you can comfortably afford each month.  If you keep stopping and starting payments they will keep harassing you.


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Thanks. I have just checked,  monthly payment is £1175.74, for last 4 months I was paying £1182.

 

I will pay £1000 tomorrow morning.

 

What should be my next step for communication? Shall I write another letter to eviction team to inform them I have paid £1000 and offer to pay £100 every month towards arrears moving forward?

 

 

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