Hi, I have now sent an LBA to the roofer. Thanks, chaoticj

Hi, Would really appreciate if someone could advise please? These are the main things I'm unsure of; - When sending an LBA, do I ask for a full refund, partial refund or just ask for the work to be rectified otherwise I'll obtain quotes and bill them for the cost (bearing in mind, I don't yet know what it'll cost to rectify and they appear to deny everything) - As the roofer/builder had said up front they might use Spanish slate, do I have no comeback regarding this? or I do, as I've been advised it was the wrong type to use? - Do I need 3 quotes for redoing the work the original roofer/builder did, breaking each part down? There is other work that needs carrying out and the roofers seem reluctant to break anything down. - How do I deal with access requirements, do I need to get a separate quote for scaffolding for any of the work the original roofer/builder did that needs redoing? - Do I need an export report on the work the original roofer/builder did? - Is there any comeback against the MyBuilder website? Thanks in advance, chaoticj

Hi, I'll try and stick to brass tacks here but.. in July 2022 I had an individual found on the 'MyBuilder' website come and quote for various roofing works. This was sent via email and listed the works, warranties; 5 / 15 years (which I knew can be worthless as stung in this manner in the past) and a price which was £2,375 fully inclusive of materials, access and labour with picture based evidence made available. It included a full roof assessment when work commenced to find any problem areas/worn areas that may become a problem in the future. In hindsight there were a number of red flags indicating that they were not proper roofers and I now believe they are 'jobbing builders'. I tried to be diligent and asked a lot of questions to which reasonable responses were given. For example, the roof is Welsh slate - they said that they'd try and get reclaimed Welsh slates, but might not be able to and would use Spanish slate instead. I asked them to try their best, but if they couldn't - it was OK - of course they used Spanish slates which they said were just a bit thinner and easier to slide in place etc. but it's since become apparent reclaimed are readily available - just at a cost of £4 each rather than £1 for Spanish. The slates are the wrong type and even the wrong size and shouldn't have been used. The first lot of work was carried out one day in early August 2022. I'd mentioned some missing and slipped slates that had been missed which they said would be attended to on the return visit, so I paid the first invoice of £1,250 via bank transfer. The front of the house is very high up and has uneven terrain so it required scaffolding and this took a long time to go up, after which, I also noticed some fascia board and another small piece of wood that needed attention, they quoted an extra £800 for this which seemed expensive and the response when queried was that it was labour intensive taking the guttering off etc. and the scaffolding needed extending over my neighbours bay window which was also costly. They then carried out the rest of the work late August 2022, again there were some slates that had been missed and they returned to attend to these. I paid the second invoice of £1,925 via bank transfer making a grand total of £3,175 paid. I was under the impression that after having the work carried out, my roof would be brought back to a well maintained condition. They did mention some points that needed attending to and as they did not want to undertake the work themselves, I had two other trades attend to most of this and the final point I'd planned on having sorted around spring 2023. Fast forward to January 2023 and the roof is leaking in a number of places. I tried calling them but there was no answer, so I Whats Apped and had the response that they were away on holiday and had a big waiting list. I asked when they would be back and how long the waiting list was, but they didn't get back to me. A week later I sent them an email asking them to return within 7 days to which they replied - they were fully booked for 3 months. I then mentioned the 5 year guarantee and they stopped responding. I complained to MyBuilder who told me to leave negative feedback as I'd held off leaving any and to speak to Citizens Advice. After contacting the CEO who put me in touch with their Operations Manager it looked like they were going to help, but in reality all they did was 'encourage' the individual to get back to me within 24 hours which they did not. I left negative feedback and as I'd had the roof looked at by professional roofers as well as the leaks I sent a list of points I was unhappy about regarding the work they had done and requesting their public liability insurance details. - The front patch already has a slipped slate, angular pieces of slate that form the edge of the valley are missing, I'm advised the exposed felt can cause ingress of water via wicking. The slates are uneven and incorrectly laid. - Already had to have the wood on left hand side of front apex replaced as new wood badly screwed to fascia at an angle and rotten wood left in place with water running between the pieces when raining. - Various slates replaced around the roof appear to be stuck in place with mastic - no suitable fixing methods are visible. Near the roof light there are slates cracked through stuck together with mastic and gaps that should have been attended to. - Low quality materials have been used - Spanish slate, unbranded felt and rough timber, in multiple sections on the capping areas renewed. They then responded but appeared unwilling to return saying they can't drop other jobs and run to mine, the guarantee only covers the original works not the whole roof - various other points where they appear to blame me/my roof and don't accept my points above. They ask for pictures but end the email 'I suggest you find yourself another roofer'. Since then it looks like none of the ridge tiles they said were rebedded have been (this wasn't on the original quote - but in their invoice it was listed as having been done) and the dry verge which I thought was the only thing they had done correctly - has been cut down to fit incorrectly on the extension gable with inappropriate drywall screws only suitable for internal use. The verge should have been sitting under battens and fixed through - it could come off in strong winds. It has old silicone on it so may even be secondhand. I haven't communicated with the roofer/builder since. I've emailed MyBuilder a couple of times but they've since quoted their T&Cs clauses 7.1, 7.2 and 7.3 which basically exonerate themselves from any liability. They allow the individual to advertise on their site as a 'Pitched Roofer' so it can happen to someone else - which I think is just absolutely terrible. I don't believe they've carried out a proper vetting/checking procedure, I think the individual has no public liability insurance. They say that their website is a free service for homeowners, but they have 6 websites in their Instapro Group with just one raking in millions a year as they charge the tradespeople a fee when they get 'shortlisted' for a job. I suggested they send an independent surveyor to look at the work, reimburse me and pursue the individual themselves - they are no longer responding to emails. I believe if I want to pursue the original roofer/builder via small claims I need to send a 14 day letter before action. I then need 3 quotes. Currently I have 1 quote which gives a figure but doesn't break anything down. It's complicated because whilst it looks like most of the work needs redoing - I think there is extra work that needs attending to which they missed, for example on some pictures another roofer has taken, I can see exposed wood on the lower part of the roof light which explains some paint loss/marks inside - I thought it was condensation but it looks like water ingress. The original roofer/builder said this roof light 'wasn't really a problem' etc. It is difficult enough getting a tradesperson to come.. then chase the quote.. some don't like to put quotes in writing or break anything down etc. I am awaiting a second quote - they gave me information to go back to the original roofer/builder with but don't seem keen on writing a report and a third roofer; he was sending me pictures but after texting him at the beginning of this week, he hasn't got back to me. So in addition to 3 quotes, I believe I may also need a report on the original works stating why they need redoing. Where does access come into play - as scaffold will definitely be required to redo the front patch of slates? Is that something I'd need to get separate quotes for? It feels really complicated and in the roofer/builders favour. So just looking for some advice as to how I can proceed please. Many thanks, chaoticj

Hi @dx100uk I have seen plenty of buses stop @Ethel Street I think it's possible a double decker could come into slight contact with some of the higher branches, but until now I was under the impression I couldn't prune anything without permission from the local council. I've actually pruned just above the height of the wall which is the minimum 2.1m for above the pavement and got on a ladder with my telescopic tree pruners and attempted to cut the minimum 5.5m above the road - that was the tricky part. But yes, I'd much rather do it myself and not get billed. I'll get in touch with Lancashire County Council Highways to let them know I've complied and seek a bit of clarification on the exact issue. I was really interested to know whether they are abusing their statutory powers sending these 'form letter' notices, that's why I provided the previous 2019 example - as in fact it wasn't even my vegetation that had been complained about!

Hi, I live on a main road in a property with a large garden. I received a Highways Act 1980 Section 154 notice from Lancashire County Council Highways Department dated 17th June which says trees overhanging the footway located on my property are interfering with the free passage of pedestrians (see attached LCC-Highways-17-06-22.pdf). It wants me to arrange the vegetation to be cut back within 14 days of the date of the letter and says it should be a minimum of 2.1m above the footway and 5.5m above the highway. There are two pictures included which do show overhanging vegetation from my property. I don't feel these offer much in the way of 'evidence'. There are no dates - one is clearly earlier than the other due to the lack of leaves and neither has anything to show what level the offending vegetation is at. The property is in a conservation area so permission is needed for any tree pruning, but I didn't know until I spoke to the local council that since this is effectively a legal notice served via an act of Parliament - I don't require permission. I've measured and my wall on the left of the pictures is 2.1m high. I keep the vegetation cut back level with the wall, therefore this doesn't actually breach the minimum stipulated? I've since taken images showing the height of the wall with a tape measure and cut back a bit extra plus some of the higher tree branches now I know I'm allowed to. As I believe that otherwise, Lancashire County Council could carry out the work and bill me for it. I've researched the legislation and it seems to be designed to protect the public against danger, obstruction etc. for example if vegetation on a junction was preventing other road users from being seen, was forcing pedestrians into the road, they could hit their head on it etc. I'd like to know are Lancashire County Council abusing their statutory powers in this instance? seems very gung-ho? I've read that other councils go down the informal route before serving a Section 154 notice? I also spoke to a couple of people locally, they believe I may have received this as there is a bus stop against my wall and bus drivers have not been stopping to let passengers off as they can't see it (first I've heard of this). I've looked at the bus stop and the sign appears to be in poor condition/vandalised. The side seen from driving up the road is black and coming off in one corner, it looks to have been hit from the opposite side (which is pretty much blank) and is tilted at an angle, see attached Bus-Stop-Pictures-Jun-22.pdf. Finally, I had a very similar Section 154 Notice in July 2019 (see attached LCC-Highways-09-07-18.pdf) but this time for the back street. I made a phone call to the name on the letter (no direct dial.. hmm) and sent an email: - Letter referred to vegetation/hedge - but on the phone they said trees - There were no pictures provided - Didn't stipulate how much to cut back - Gave me the name and address of the complainant (data breach)? - The complaint was 'the trees are touching telephone wires and blocking sunlight for periods of the day' The icing on the cake was when they sent the pictures - they were for trees belonging to another property 80m away. When I informed them of this they wanted my help to establish the owner of the vegetation.. the cheek! Due to life events at the time I dropped it but was obviously fuming! Thanks in advance, chaoticj LCC-Highways-17-06-22.pdf Bus-Stop-Pictures-Jun-22.pdf LCC-Highways-09-07-19.pdf

Thanks guys no I haven't been dismissed!

Hi emmzzi, Yes the agreed references are both under settlement agreements. No it isn't a regulated role. Many thanks.

Hi, I resigned from my current employer of 4 years and accepted a position obtained through a recruiter at a new employer. The recruiter wants me to fill out a declaration. Most of the questions I've no issue with, but it asks if I've ever been dismissed or disciplined by current or previous employers - yes / no. If yes provide details. I have been honest in the verbal discussions with both recruiter and new company explaining what happened and how I learned from it. I didnt use the words fired or dismissed.. 'parted ways' and 'made redundant'. In both cases I have an agreed reference. Should I select 'Yes' and reiterate the above explanations or 'No'. The new company has been provided with 2 requested references, no issue with the current reference but previous is one of the agreed references. Thank you in advance, chaoticj

Hi, So just to update.. I did chase this up with my manager as I hadn't heard anything for a couple of weeks and was concerned I could be seen after.. say a month as deemed to be working under the contract amendments. The response was them reiterating that the contract amendments were as presented and couldn't be changed, the same for everyone and saying we could have a meeting about the 'alternatives' if need be. Anyway I decided to stick to my guns and reiterate my own position which was that I wanted to come to a compromise that was acceptable for both parties. I'd be happy to sign if my manager could put in writing I wouldn't be held to compulsory unpaid overtime or have my hours changed. I was not expecting to be paid for overtime as per current contract and if some unpaid overtime was required as long as it wasn't due to say a colleague leaving something until the last minute then obviously as a manger I would do it. Otherwise could we have the meeting to discuss the 'alternatives'. Surprisingly my manager then had a meeting with me where they instantly agreed with everything I had said/previously said, put in writing I wouldn't be held to compulsory unpaid overtime or have my hours changed, signing and dating this, my increased salary would be paid that month and going over a few other points they knew I'd been a bit unhappy about as well as my general well being. What I then did was take a copy of said document and attach the original to the copy of the contract amendments I then signed and returned to them, making a note that there was an attached addendum. Regards, chaoticj

Hi, After thinking about this I decided I wasn't happy with the contract changes. Verbal agreements can't be relied upon and if I change manager they could enforce the terms. So I emailed my manager saying further to our discussion where they said there would be no changes to my contract, working hours or requirement to do unpaid overtime could they please reply and confirm this. Upon which I'd be happy to sign the contract. It's been a couple of days and no reply.. how would you proceed? Many thanks.

Hi unclebulgaria67, So would this be classed as a 'reasonable change' as per my original contract or a 'significant change'? Let's say I accept and further down the line they decide they want me to work longer hours, or unpaid overtime which to use your example results in a 60 hour week - seems quite significant to me? Spoke to my line manager today and asked some questions: - What is the reason for change in terms? The HR company has issued this - everyone has had it - a standard statement - it's mandatory. - What is being changed? No change - just your job title and pay. - When does this come into effect from? Today, when you sign it - you don't get the extra pay until you do. (Then I say I was advised the job title and pay would be with effect from July, which was long before I had any job description or contract change to look at) - I've read it and there are two points here which I'm not too keen on.. will my working hours change? is there an expectation of unpaid overtime? No (Then I ask if we can remove this part) No we can't take it out (Then I ask if I can have time in lieu instead) No we can't do that, it's the same for everyone Cue a discussion about some of my concerns and thoughts.. where it's mentioned 'if someone doesn't like it there are other options out there' which I take to mean they would look to dismiss me? Then I'm really complemented, flattered about the quality of my work etc. and that I won't be asked to do more than I currently do.. as an agreement between the two of us? Thoughts? I'm currently thinking I'm a bit forced into accepting it.. but get seriously looking elsewhere as I feel the pay even with the increase is well below what I could be earning and it's a bit of a toxic environment. Regards, chaoticj

Hi Ethel Street, Thanks - so what they have given me is essentially written confirmation of the changes to the original contract? A lot of it is the same though or perhaps the same but worded a little differently? Presumably the handbook is going to say what certain company policies are so I would be best to make myself aware of it all. chaoticj

Hi, I have been employed full time at the company 3 years. I was informed by email at the end of May I was to start a new role beginning July. The job title and salary were stated and everything else was to be confirmed in writing mid-June. A couple of emails later it transpired there would also be a new contract.. I am of the understanding a new contract does not have to be issued for a change in role or pay. I have been given the job description and terms this week. The new paperwork is headed 'Statement of main terms of employment' it isn't as detailed, at 2.5 pages length, as my original paperwork which has a 1 page summary of terms followed by a full contract of 9 pages. The new paperwork goes on to say 'This statement together with the Employee Handbook forms part of your contract of employment, except where the contrary is expressly stated and sets out particulars of the main terms on which [my employer & their address] employs [me]'. - Is this actually a new contract or a change to the original? - I've not been informed why this is being issued, just suggested it's part and parcel of the role & rise - Should I be informed of what has actually been changed instead of having to figure it out myself? - I've never seen a company handbook - would it be a good idea to look at one now? - I don't know when the terms are supposed to take effect? - My new salary isn't stated but it's in the email at the end of May it's from the beginning of July and I've been advised verbally I'll be paid it? My old contract says changes can be made to any of my terms and conditions of employment, being informed of any such changes in writing - the changes taking effect from the date of notice. Significant changes will be notified not less than one month in advance. The main change I can see, which I'm not happy about - is that to summarise - under my old contract I work 37.5 hours. Overtime including weekends and bank holidays may be required but under mutual agreement and paid at 1.5x. Under the new contract I work the same 37.5 hours BUT it says they may be adjusted to suit the needs of the company, I may be required to work additional hours as necessitated by the needs of the company and as a manager, overtime is not paid for hours outside of those contracted. Would this class as significant changes? Obviously my hours are not going to decrease for the same pay. I work my contractual hours, very hard and projects are completed on time. I only ever did a couple of hours paid overtime which was a task not part of my role and had to specifically be done outside of working hours. I think a few employees left lately due to having to do unpaid overtime evenings and weekends - albeit they were not managers. Would a good compromise be to ask for time in lieu? for example some time ago I was informed a colleague works many additional hours but they can leave the workplace without notice if there is something they need to go and do? is that the same as time in lieu? Thanks in advance.

Hi, I bought a second property before selling my original so had to pay higher rate SDLT. This second property became my main residence some months later. I was ready to sell the original property in March this year but couldn't because of the Covid-19 pandemic - no estate agents operating. I wrote to HMRC in April requesting an extension to the 3 year time period in which to claim a refund and they wrote back in June with details of new legislation allowing refunds past the 3 year time period if exceptional circumstances had prevented sale of a property. I sold the property 1 month outside of the 3 year time period and wrote to claim a refund under exceptional circumstances. The reason being the Covid-19 pandemic - could not get valuations or get the property listed until May. I had found a buyer that could complete in 2 months which would have been 1 month before the end of the 3 year time period but after the 2 months they could not get finance due to more stringent lending restrictions caused by Covid-19. I also mentioned the effects of buyers being reluctant to view, redundancies, job uncertainty, delays in reports, searches etc. If it wasn't for Covid-19 I would have had 6 months to sell the property which was more than enough to complete a sale under normal circumstances. They have written to me saying that based on the information I provided they are not satisfied I was prevented from disposing of my previous main residence in the 3 years after I purchased my new main residence by exceptional circumstances that could not reasonably have been foreseen. They will not provide a refund and as my request is outside of statutory time limits that the legislation allows there is no formal appeal or review process. I think they are saying exceptional circumstances don't apply because the property was not already for sale. Is this right? How could I have foreseen a pandemic? Spoke to them and apparently I could have put it up for sale in January for example. I did not mention in my letter to them but I also had personal extenuating circumstances in the months beforehand - my father was extremely ill and since passed away during lockdown. They say I can lodge a complaint, setting out the circumstances again and anything in addition - is this likely to make much difference? Many thanks in advance.

Hi ericsbrother, Thanks for your reply, I just wanted to check how it all sounded so yes seems to be good. I have worked in sales before and do need a job right now so I will take it. I was told how good my work was etc. Cheers!

Hi, I was asked to show a couple of parts of my role to a colleague at the end of March then furloughed (choice of furlough or redundancy), that person was later furloughed themselves. I've heard very little from my employer - just a couple of written updates and I have now been at the company 2 years. This week I got a message off the managing director (my boss) wanting to speak to me. An undated letter (postmarked previous day) then arrived in the post saying all areas of operational expenditure are under review which specifically mentions the area I work in as well as peoples roles and staff numbers in general. I had the call and was told due to the decrease in expenditure in the area I work in there would be not much work which meant my role would be technically redundant, but I am being offered an alternative position with the same pay. Details have since been sent to me saying it's a company restructure due to lost income because of the lockdown, they need to change their operating model and reduce cost base. There will be minimal expenditure in the area I work in until the end of next year which is why it's at risk. I've got the job description and that's it really, I don't know if it's on the same contract, whether there is a trial period etc. doesn't say how long I've got to decide just to take a look at it and get back in touch. The actual job sounds like part of what I've already been doing, but very sales focused and reporting instead to the sales director. I'm just wondering why they would make my role redundant but offer me what essentially looks like a demotion for the same pay? Any help and advice would be most appreciated, thanks.

Hi, Sorry for late response, dad ended up in hospital, had to help care for him when he came out and he recently passed away. The damage to fridge freezer itself was resolved satisfactorily by the retailer Crampton and Moore but they said for the other damage I'd need to claim with the delivery company Arrow XL, despite me saying a few times I wanted to go through Crampton and Moore not Arrow XL. The damage to door frame is the outer edge of the UPVC back door, Arrow XL rested the fridge freezer on top of it then pushed it inside. I've got pictures of the damage but haven't got any quote for repair as Arrow XL said that would only need to be done if they accepted the property damage claim. I'm not sure how it would be repaired as the plastic is gouged. Many thanks.

Hi BankFodder I bought the fridge freezer mid February this year off Crampton & Moore who arranged delivery via Arrow XL. I informed Crampton & Moore of the property damage the same day and it's taken until now for Arrow XL to 'investigate' and reject my claim. Almost all communication has been via email so it's in writing. I have pictures of the damage which has been left as it is since. Many thanks, chaoticj

Hi dx, It was ArrowXL. Thanks.

Hi, I bought a large fridge freezer online and the delivery company damaged the door frame by resting the appliance on it then pushing inside. The company I bought it off told me to claim from the delivery company. I said I wanted them to sort it out between themselves insisted the procedure was for me to claim via the delivery company. I sent all the information and pictures and they have rejected the claim. The crew deny any damage and say they lifted it inside my property (this is a lie). The damage isn't huge - small marks/gouges with the same spacing between them as the appliance packaging. I am invited to appeal - which I will do, but it seems they will only accept further photographic evidence, CCTV and/or witness statement(s) from someone else in the property who was present. My wife was asleep when they delivered first thing and suffering from anxiety doesn't want to sign anything, I don't have CCTV, I do have a picture which shows the door undamaged but it's not a close up and it's from some time ago. I feel the delivery company will reject the appeal. I did see the crew take picture(s) so I can request these via a SAR. Do I have any recourse with the company I bought it off? Is there any further steps I can take should the appeal be rejected? I have no idea if the damage can be repaired or whether it would be a whole new door frame as I haven't been asked to get any quotes. Also would it be worth mentioning in the appeal that the fridge freezer had some damage for which the company I bought it off issued a partial refund? Clearly the delivery company didn't take reasonable care with either it or my property.. Thanks in advance.

Hi, I am a bit confused, it says on the government website CJRS page: https://www.gov.uk/guidance/check-if-you-could-be-covered-by-the-coronavirus-job-retention-scheme "If you currently have more than one employer. You can be put on furlough by one employer and continue to work for another." So it seems to suggest you can't just go out and get another job but you can continue on a pre-existing job. Does this apply to self-employment? e.g. I've been furloughed by my employer but I was already self-employed so can I continue to generate some revenue..? It says on my agreement that "During your Furlough Leave, you may not work for any other organisation, or on your own account. If you do you must tell us and may be liable to repay any sums we have paid you under this scheme if we become liable to repay it to the Government." I've read online something about 'on your own account' and to me it sounds like if you were a freelancer at a company, they can't furlough you, it seems to refer to the self-employed who have the company as a client.. Anyone have some ideas about this please? Thanks in advance.

Hi, Looks like I won't be allowed to carry out any self-employment - at least anything that generates revenue. Presumably if one produced goods, they could be prepared for sale but not actually sold? Unless I'm misinterpreting. The self-employed scheme says it can only be claimed upon if you are primarily self-employed. Regards, chaoticj

Hi, I am both employed and self-employed and have done this for years all above board, tax returns submitted etc. Due to COVID-19 my employer intends to furlough me on the CJRS and advises during that time I am not allowed to do any work for them. Furthermore, the agreement I have signed says I am not allowed to do work for any other organisation or myself during furlough and if I do I have to tell them and may be liable to repay anything paid to me under CJRS if they become liable to repay it to the government. Does this mean I have to cease my self-employment during furlough? Or is this simply uncharted territory right now? The employer wants to cover all bases regarding any potential occurrences? Also, for avoidance of doubt, I carry my self-employment out from home so it isn't affected so much by lockdown (it would be safe to do it). Thanks in advance.

Hi, Thanks for the reply honeybee13. We have been told by a friend when a solicitor is advised a client has passed away they usually arrange a meeting with the executors to clarify the will points - is this correct? If we were to ask the solicitor for a copy of the notes from when the will was created, how likely is it they would provide? We have read about a Larke v Nugus request. Would that approach be too heavy handed? Many thanks.

Hi, My wifes nan sadly passed away, my wife is a co-executor of her nans will along with her mother (nans daughter). We removed an item of sentimental value which would be considered an ornament from nans house due to wifes mother inferring items may be cleared. Since before/particularly after then, wifes mother seems to have plans to take most items of value. Hoping someone may be able to help on interpreting the will please. We were under the impression from point 5 that all of the house contents were being passed to my wife to do with as she sees fit, in particular the named item types and that point 6 refers to savings and investments being pooled and split 50-50. However my wifes mother interprets point 6 as also meaning the non named item types inc. the items of value (jewellery, tech etc.) are to be sold (despite her having plans to take some of these for her own use). Just wondering if it's clear cut or ambiguous in the context of the whole will. Thanks in advance.