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Everything posted by simeon1964

  1. I do not want to pay by DD. I worry sending my account to collection when they already requested £64p/month and paying then £65.00
  2. The water provider is United Utilities. I have always been paying by standing order. I took the initiative soon as I moved in in May 2020 to do standing order from the first demand seeking new occupier and I responded to start my payment by standing order. I never received billing from the unless I ask for it.
  3. I moved into new house and I live alone since in May 2020 . I started to pay by standing order and 6month later I was told I owe money and must up it to £15p/m. and I did. Later to another £25p/m around January 2022 and I did and requested to see itemised billing which was followed by a phone call to water office To my surprised the itemised billing showing several hundreds of pounds owing. The lady on the phone was bullying me to effect a direct debit and that she needed minimum payment of £64.00 to bring my account to date. When I asked what was wrong with standing order she authoritatively insisted that I must have DD in place. I promised I will get back to her but she was not having it, and I had to terminate the call. This was in May 2022. Few days after our conversation I effect/increase my standing order to £65.00 P/month. I have not missed a payment. I now have a letter showing current balance owing at £128.66 with threat to pass my account to debt collector. What are my options here please. After debt collection what happens as they initially threatened to terminate my water supply, cancel my standing order and take me to court for recovery, now is passing my account to debt recovery.
  4. Thank you andy: Given that this builder had wasted so much time due to his application to setting aside the judgement, the times frame on this direction takes it into its year. Can the judge review the time frame set by the solicitor?
  5. Not responded yet? This was drafted by solicitor and I have not responded yet. Tomorrow Friday the 5th is the hearing. confused about this hearing for 30minutes and the draft direction from the solicitor.
  6. Thats is what I got from the solicitor and I have not responded yet
  7. regarding the directions for the Claim/Counterclaim. The timings are based on weeks from the hearing on Friday. would be grateful if you could let me know if you are happy with the proposed directions. 1) Disclosure within 4 weeks. 1) Joint Expert Surveyor nominated within 4 weeks. 2) Inspection 6 weeks. -(2 weeks for the parties to consider all the documents that have been disclosed in preparation for witness statements.) 3) Witness statements are to be exchanged within 10 weeks. 4) Expert instruction 12 weeks. 5) Expert report 16 weeks. 6) Questions to expert 18 weeks. 7) Replies within 20 weeks. The expert will have 2 weeks to respond to questions. Schedules 23 weeks. 9) The matter is listed for a hearing of no more than one day at Manchester County Court.
  8. Do I get a support drafting this WS? This is listed for 30minutes ??
  9. This is completely unacceptable and wonder if its worth replying to. Would need opinion for better way to reply to this dubious offer if needs any reply at all.
  10. My client has considered the matter and considers most of the items claimed on the schedule of loss are not part of the contract be it the first contract or the second. The only items that are claimed that are part of the contract are as follows:- 1. Rain water goods £190.00 2. Damage wall whilst installing flitch beam to both kitchen and lobby (re-plastering) £300.00. 3. Removal of debris £150.00. 4. Mechanical extractor failed control switch £50.00. 5. Air brick – remove debris poor workmanship £50.00. The rest of the items claimed are not within the contracts. Your client is claiming for things that are to finish off the rest of his house e.g. double glazing. To conclude this matter our client is willing to offer £1,000 in full and final settlement of this matter. That amount is inclusive of interest and costs given it is a small amount and would fall into the small claims category. We reserve the right to refer to this offer in relation to costs at the Trial
  11. Help with worrisome Damages: 1. Security from claimant if he were to lose the case. This should be in the region of £20k given that he set aside judgement and ready for proper defence. 2. How can the case be allowed to go ahead during set aside without this security deposit from claimant. This is to my detriment if the claimant loses and unable to pay. I am not being protected here. 3. is there any law preventing me from doing this?(protection from financial loss! He could file bankrupt) 4. Base on the evidence I have what are the possibilities of an application for summary judgement? 5. Is it too late to ask the court for this money security to be deposited to court ? 6. All my personal effect still in the shed and storage. I am depress and not living 7. I can no longer go on with further repairs as I have no resources to carry on. The hopes of renting is gone while bills are being paid with difficulty. 8. Still no order from the court requesting for independent assessment of the loss /damages as par allocation questionnaire
  12. They have not responded directly to me regarding the counter offer that i made (without prejudice) for £12k to be paid within 14days of the offer. ( parties paying their cost). Whether this means they have effectively rejected it is not absolutely clear but probably it does. I reminded them that the claimant already offer payment of £100p/w following the default judgement, was open and not “without prejudice" meaning he was prepared to pay the full amount of the debt. They have sent me copy letter they sent to the court on 01/06/2022. Reads as follows: ” This claim has not been settled and needs to progress to Trial. The Claim needs allocating and we would suggest to the fast track and Directions given for hearing. “
  13. Is it the fixing of the" negotiating period" that overruled or dismisses the point 17 of the client defence?, as I couldn't find any order to that assertion? or where do i find order that this was dismissed.
  14. Can an unpaid judgment creditor use garnishee to access part or all of a judgment debtor’s pension.
  15. I need help with the issue of negotiation. My loss to date is more than 16k as my property deteriorate daily, only habitable for me alone. I may not die with my life threatening sickness but i am wary daily of being electrocuted in my home with live electrical flicking in my face daily resulting from the way the builder left my house uncompleted. Yes I want to move on but where do i start ? £16k two years ago will be more by the time claim is concluded.
  16. What the Defence says at para 17 is, If the Part 20 Claimant establishes any breach of contract or negligence, which is denied, the Part 20 Claimant is put to proof as to the nature, cause and extent of such losses. The Part 20 Defendant intends to submit a further counter schedule of loss once the Part 20 Claimant has provided full disclosure in the case. What exactly does this mean if this matter was dismissed by the court? and what full disclosure?
  17. This is not a serious offer. Looks like playing games. Going 2years now since i cant continue the repairs and the quotes to update the house is never going to remain same. Not serious and a waste of time
  18. The claimant's Solicitors: " I have been instructed to offer a settlement on a drop hands basis with both parties bearing their own costs."
  19. A private Drain Blocker company was appointed to unblock drain, this led to the local water company finding out that my neighbour sewage pipe had collapsed, the result that caused long time blockage in my property as well as caused subsidence in both properties. While I have remedied my subsidence, the local water works had asked the neighbour to move out his tenants so that the repair of blockage in my property could be carried out. As my neighbour was taken too long to move his tenants, the water company decided to divert the pipes away from the neighbour with promise to pay for incidental cost as a result of their repair work. The payment offered by the water company did not cover the overheads of claim and receipted invoices Sent to water company and payment declined. Who exactly is responsible for this cost? My neighbour or the water work company as I have been asked to approach my insurance as well but still waiting insurance reply.
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