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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
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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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Problem with builder


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Hi,

I hired a builder to do some work in my flat. The final invoice he sent me was, by my calculations, way too high, so I sent him an email asking him for more details and could he please tie it back to the original quote, which he claimed is not possible. There were lots of emails exchanged, he sent me some revised figures, and the last invoice he sent me was closer to what I calculated I owe him. So I questioned him about that one final time (I mean, all he has to do was tie it back to the quote, I don't know why he can't do that), and he is now saying "Fine, pay what you think you owe me, and I'm going to issue you with another invoice for works that I didn't charge for."

Does he have the right to do that? If he has, is there some protection in the law that would stop him demanding, say, £1000 to put one shelf up? Can he charge me for the time spend in email exchanges regarding clarification about hist first invoice?

Is there a legal process that he has to follow to get me to pay?

Can I contest the invoice? Is there a legal process that I need to follow to contest it (I haven't received it yet).

Thanks in advance for any help.

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I assume that you obtained a quote and then added other jobs without agreeing a price.

Please confirm if this is correct.

Then, please list these extra jobs and how much he wants to charge, just to have an idea about how unreasonable the prices are.

Some jobs seem easy enough but carry a big price because of the equipment needed.

For example, drilling a 4 inch hole in a wall is easy enough and takes a few minutes, but the diamond core and clutched drill needed to do that are very expensive and builders need to get their money back overtime, so it's not unusual to charge up to £100 to fit a vent even though it only takes 15 minutes.

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No, that's not what happened. It's a bit more complicated than that. It literally is what I said. I could not make sense of his figures, I asked him for clarification, he was not willing or able to tie back his invoice to the quote (surely that's not an unreasonable thing to ask for????), there were lots of emails exchanges, he said I was being picky about the wording when I tried to quote some things he said, and he was trying - as a see it - to charge me for things that I shouldn't be charged for.

 

What I mean by that is this: I first got a quote that included a quoted amount to replace the kitchen floor with laminate or lino. I also asked him for a (separate) quote for putting down reclaimed wood flooring. This was sent to me with the words "I have added the cost of reclaimed flooring installation at the end", came in a document called something like "…including reclaimed floor installation", and clearly said ("kitchen: installation of reclaimed flooring"). So I thought that it was a quote for, you know, putting down reclaimed wood flooring.

 

Now in the end, I chose lino, and that's what got installed. So I thought that the quote for reclaimed wood would not be counted as part of the final cost, but he says that actually, he is counting it, because - he told me as part of the email exchange to clarify his figures - it's for lino flooring installation. This was quoted as (L) for the kitchen + (M) for the hallway and (N) for the bathroom, and L was a higher amount than the original amount quoted for lino. Since I thought this referred to reclaimed wood flooring, that made absolute sense to me. But apparently, no, it was for lino, and the higher cost for the kitchen is because it's a larger area, since it involves the hallway and the bathroom…which I would absolutely agree with if hallway and bathroom didn't carry their own cost. So, unless there's something blindingly obvious that I'm not seeing (which IS possible), that didn't make sense to me.

 

I can send you the long version if you'd like, it's not worth putting on line.

 

Anyway, we did agree in an amount, I've paid it, still have not received the additional invoice for works not charged for, and no idea what these will be.

 

I'm going to try and get legal advice tomorrow, just in case.

 

Anyway, thanks for replying. If/ when he does send the additional invoice, I'll update.

Edited by PamSa
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