HBOS (Birmingham Midshires)

[Ihaterbs]

Re: HBOS (Birmingham Midshires)

What about. You never challenged their chargeing regime at the time as you paid under the mistaken belief that the charges levied equalled their actual costs. In light of recent court cases you now know this is not the case and thus sec 32(1)(c) should apply as well.

[Guest]

Re: HBOS (Birmingham Midshires)

What about. You never challenged their chargeing regime at the time as you paid under the mistaken belief that the charges levied equalled their actual costs. In light of recent court cases you now know this is not the case and thus sec 32(1)(c) should apply as well.

It would follow the logic, i think

Peter

[removalman]

Re: HBOS (Birmingham Midshires)

All,

I wanted to take a few minutes to update you all (especially those whose advice has been invaluable over the last few months).

Yesterday, I attended another hearing where the defendant (Bank of Scotland) was represented by a Lawyer and I represented myself. The hearing was for the judge to consider the defendant application to set aside my default judgement.

To cut to the chase, the Judge threw out the application and my original default judgement remains in place - so in effect I won the case thanks to the advice of all the helpful folk on here!!!! So my hearfelt thanks to you all and when I get the settlement cheque I shall certainly be making a donation to Legal Beagles as I could never have done this on my own.

Just so you know, I was able to use CPR 39.3 to question the judge whether he thought forgetting to put the original hearing date in a diary could possibly constitute a good reason for not turning up. The interesting thing is that he made the point that if it had been just one error in that the Defendant had been notified only once of the hearing date, he would have allowed the set aside request to succeed. However, as I was able to demonstrate that the Defendant had been notified of the original hearing date on at least three occasions and therefore the Judge felt that this was unacceptable.

The best bit of all is not so much the fact that I'm going to actually get more money than I would have originally settled for, but it was the expresssion on the face of the banks in-house Lawyer when she knew that the game was up. Suffice to say, she made a very rapid departure!

Get in!!!!!!!

[removalman]

Re: HBOS (Birmingham Midshires)

Final entry from me in this thread will be to let you all know a cheque arrived a few days ago and a donation was made to LB.

Thank you all!

[The Listener]

Re: HBOS (Birmingham Midshires)

Just wanted to add that it is wonderful to be able to read about a campaign through to the conclusion and even better that it was so successful

[removalman]

Re: HBOS (Birmingham Midshires)

It was an interesting case with a good outcome for all

Thanks for taking the time to comment.

[fightforyourrights]

Re: HBOS (Birmingham Midshires)

I have been fighting them for over 8 years now and in time i will post the full fact i just lost my home to them over a fraud a mortage was taken out by some one who had done the same to other before and after me I keep the fight going for over four years only at court did it come out that in fact the MCOP is not law and you must not look to it for any help.

B+M is in fact part of B.O.S under Halifax name in time i will ghet around now to putting the full fact up for you to read but forget the MCOP opr the FOS