Jump to content


  • Tweets

  • Posts

    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Problem with builder


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2461 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...