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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Council liability for plumbing repairs?


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Hi there

 

I am a plumber and a couple of months ago I was called to the home of an elderly council tenant who was experiencing problems. She was finding that her washing machine was filling up with dirty water after use. She suspected the plumbing of her flat was at fault but the council believed otherwise. Council contractors visited her flat, the first of which made a hole in the pipework causing the kitchen floor to become saturated and his subsequent efforts to stop the leak were futile. The puddling on the floor continued for a couple of weeks - the tenant having to use several of her own towels to absorb the water - before another contractor attended and replaced this section of pipe. This stopped the leak but the washing machine still continued to fill with dirty water. The council maintained that the problem was with the washing machine and it was the responsibility of the tenant to pay for any repair work required.

 

When I visited I drained the water from the washing machine and disconnected the waste hose from the wastepipe of the flat and ran a cycle with the machine empty. The waste water was collected in several buckets. The cycle ran perfectly well eliminating the washing machine as being the cause of the problem. I noticed that the pipework was incorrectly positioned to allow for proper drainage so I ended up replacing this section. Following this I ran the washing machine which worked fine and all the wastewater drained away as it should.

 

As the council contractors have never properly identified the cause of the problem and it has been left to the tenant to resolve the issue, I feel the council should meet the costs of this work and reimburse the tenant for my charges. This, manifestly, has not happened, and following a considerable amount of written correspondence, including a comprehensive description of the work that I carried out, the council is denying any responsibility for costs incurred - £100. They state that, “before any repairs are carried out by the plumber the information should have been forwarded to us so that we can look into this matter and arrange for the necessary repair”. Of course this gives rise to the question why could the contractors not establish what the problem was in the first instance and carry out the correct repairs accordingly? Despite this the council remain resolute in their position and deny that the tenant should be recompensed.

 

I am prepared to help the tenant as much as I possibly can as she is in pretty poor health and I get infuriated when I see people like this being treated so shabbily. But what should we do at this stage? Should we make a formal complaint to the council? Or would it be better to visit one of her local councillors or, indeed, her MP? As the tenant is pretty much house bound I could do this quite easily on her behalf.

 

Any thoughts? Thanks in advance for any advice offered. ;)

Edited by Plumbfounded
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Hi (and welcome!),

 

I'm no housing expert but I do work for a Local Authority and I'd say do all of the above. Ward councillors, MP the works. Get onto the Council's website where you should be able to get contact details for most people and find out who the ward councillors are (they'll probably come round and see the lady). There should also be details of the complaints procedure. I would also write to the big boss of "Housing" (or as appropriate). He might be called an Executive Head, Director, Assistant Director or similar... If you can't find him on the website ring and ask for his name so you can address a letter personally. Failing that write to the Chief Executive - the way to make things happen is generally to get the big boys involved! Good luck - keep us posted!

 

Px

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pink1: I have checked out who the ward councillors are and I think it might be better if I pay them a visit as the tenant might be a bit overwhelmed at the prospect of such attention. Likewise the MP. We will respond in writing to those you mentioned as well as with a formal complaint (the form can be downloaded from the council website).

 

Coniff: There was no “siphoning” taking place, though this can occasionally happen with a washing machine if connected incorrectly. Feel free to jump to the next paragraph if you get bored easily. :) The kitchen wastepipe had become misplaced and so the wastewater was trying to run uphill to the stack (the vertical pipe). This meant that residual wastewater had accumulated in this (about 2 metres) section of pipe. Any water draining from the kitchen sink will not be able to drain away as normal because a column of air is trapped by the accumulated water at the other end of the pipe. The water from the sink will try to find the path of minimum resistance which will be out of the trap via the spigot to the washing machine hose, hence the washing machine filling.

 

I fully understand you recommending approaching the papers, but I would be reluctant to pursue this path as I know the tenant would prefer to be as discreet as possible. This need not compromise our efforts otherwise.

 

I will certainly keep you informed of events as they unfold. Thanks for the advice. It is very much appreciated. ;)

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Just one thing I forgot to ask. Is it better for the complaint to be made in the tenants name, as it is the tenant for whom the services have failed? In some ways it would be easier, and more expedient, if I were to make the complaint, as I could do this on-line. On the other hand there might be more impact if the complaint is made, in name, by the affected party. Thanks again.

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I don't see any reason why you shouldn't make the complaint on the tenants behalf - if you explain why (elderly, housebound etc) it might even serve to reinforce your point...

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