Jump to content


  • Tweets

  • Posts

    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
  • 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 roofer


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2207 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

In brief i had contractor to fit patio doors and a complete roof on our new extension 4 months ago,

only now has he come back to finish the roof after many cancelled visits by him,

 

The work is so bad that building control officer wont sign the roof off.

i have contacted the roofer on many occasions and he keeps telling me its my fault because i always moan about his work and that he isn't a roofer (he has his own building business) .

 

unfortunately i paid in full as he was a friend of a friend,

I have a rubber roof which is peeling up because he used silicone to stick it down on the edges and i can see daylight from the inside through gaps plus the internal ceiling isnt level

 

Where do i go from here as any advise would be rattly appreciated

Thanks

Ian

Edited by Ianimp
information missing
Link to post
Share on other sites

Is he part of a limited liability company or is he self-employed/partnership?

 

Does he have any assets? Do you know where he lives and if he owns his home? These are all going to be extremely important questions because if you have to take action against him, you will easily get a judgement – but you may not be able to enforce it in which case the whole exercise is useless.

 

I hope lots of people who read this thread will realise the dangers of paying builders in advance. I hope they will also appreciate the dangers of employing "a friend of a friend" because that is absolutely no guarantee, it actually produces a moral pressure – for instance, to pay in advance – and of course it can destroy friendships.

 

You need to find out all about him and what assets he's got. As a part of an established business? In other words, is he worth suing?

 

Apart from that you need to prepare a good file. You need to start going back in your mind and logging all of the history of the work – including the cancelled visits.

 

You need to take lots of photographs and you will probably have to get a good quality independent roofer to come along and to assess the work and the cost of repairs.

 

I suppose there is one thing that will help you and that is that I expect you have probably paid in cash in hand. Frankly I would have no hesitation in letting him know thatyou will be reporting him to the tax authorities who will make a complete investigation of him including the other work he has done for other people "off the books".

 

However, find out all about him first. Prepare your file. Then start getting ready to issue threats but don't move until you are fully prepared.

Link to post
Share on other sites

Thanks for the quick reply

He is a limited company with 1 other employee, i have his home / business address , he has his own home and has a van kitted with tools and equipment, he is Fensa Registered on his web site with a 10 year guarantee on all work, i paid by bank transfer and no cash, i have a lot of text messages back and forth and i have a lot of photots

Thanks

Ian

Link to post
Share on other sites

Was the payment made to a company account or to his own personal account? Have you got receipts?

 

If it is a limited company and you have been dealing with them, then afraid that his own personal assets are probably out of reach of any court action that you might bring. Have you investigated the guarantee? Who is it provided by? I would be making very gentle enquiries all around to understand what the enforcement possibilities might be before making any direct approach.

 

However, you might be in a position where you will need to take legal action. I would set about immediately getting a quote for making good the work to the proper standard.

Link to post
Share on other sites

Payment was to his personal account i only got bank statements

the guarantee is a company guarantee , i have tried to get another roofer to quote but all are very reluctant to take over another persons work

Link to post
Share on other sites

How much did you pay him?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...