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furrycoat

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Everything posted by furrycoat

  1. Hello lovely helpers. I was in court this morning trying to claim against a DCA who incorrectly harrassed my wife (8 phonecalls and one letter per day) over a period of weeks. I was seeking compensation. Despite the Judge confirming that the DCA had acted disgracefully and that they were negligent he could not award damages for stress and inconvenience for varying reasons which I accept, I also accept I called this wrong by not asking for advise on here first and I've wasted even more time and money than necessary on this matter. The judge suggested I go to the OFT which I am considering. Do the OFT award compensation if negligence is proven? Would be very grateful to receive any advise, as I'm feeling a bit despondent and thinking of cutting my losses.Any advise much appreciated. Many Thanks
  2. Thanks Corvette. I am pleased t report that BIASI have settled out of court...without admitting liability of course...many thanks to all on here for your advice and support!
  3. Hi Laura....Interesting how more and more comes out of the woodwork...Solicitors now applied to have judgement set aside...looks like it could rumble on for some time...!
  4. Warrant of execution issued today - Requested Baillifs visit....will keep you posted.
  5. Hi Corvette...sorry just read your post, Biasi have confirmed that the engineer who visited my property is emplyed directly by them...
  6. No response from BIASI so obtained judgement on line this morning. Will apply for a warrant if they do not reply by early new year....any thoughts on best way to proceed from here would appreciated....!
  7. Cheers for that...makes me even more determined...no response from Biasi to claim paperwork as yet....They have until Tuesday before I file for judgment....!
  8. Hi Martin Yes I cited duty of care. My hope is (as always) that we can negotiate an amicable settlement before it gets to the county court. The BG report is quite comprehensive and damning IMO, so I'm not sure what angle BIASI will use as a defence....but i'm sure I will find out by the 21st!
  9. Thanks...they have until the 21/12 to file a defence and I'll keep you all posted
  10. Thanks again for this advice....but I would state that it took a BIASI engineer 10 hours to not find the fault and another hour for BG engineer with full diagnostics kit before the connection issue was found... I'm afraid boilers are not really my thing....short of taking the cover off looking at the insides and scratching my head....!
  11. I did send 2 LBA's and a further two emails, the latter communications were not responded to, but they did advise originally that in their opinion the work undertaken by the engineer was required and I'm not due anything off them at all... I tried to explain that they took money of me and left the boiler not working and requested a refund of my payment and a paltry amount of compensation but they refused...well they offered £160 refund of parts without admitting liability as a "gesture of goodwill" On other forums the consensus seems to be that Biasi's boilers are pretty low end but I have yet to come across anybody with similar issues, either way I'm generally pretty laid back about this sort of thing as I hate complaining and court action....it takes so much time.....! I can't let this go however as they have treated us really badly....!
  12. Forgive my ignorance but what is an LBA? Thanks
  13. Just wanted to warn everybody on here about a nightmare situation we were placed in By BIASI (UK) Ltd of Walsall. I called BIASI regarding a fault on my Boiler ( wasn't flaming all the time unless we banged or removed the cover) a local engineer for London and the South East came to visit - I won't name him as I don't wish to make this a witch hunt, he arrived and struggled for five hours to locate and fix the fault he replaced two parts and made ever increasing calls to head office to ask for advise when the fault wasn't rectified. After 5 hours he left and promised to come back the following week with a new part which would resolve the issue, he sut the boiler down and advised us not to use it....Great! we had gone from intermittant service to none! Four days later the same BIASI engineer returned with the magic part (which of course I had to pay for) and lo and behold the boiler still didn't work.....the engineer made increasingly desperate calls to head office before informing me there were "pages missing" from the instruction manual (it was a BIASI manual) and finally declaring that there was an "installation fault with the boiler which he wasn't allowed to fix and it would need to be shut down" This was after two, five hour visits. The boiler had worked perfectly well for six years and I had no doubt that I was being "fed a line" by an engineer who could not locate the fault. To add insult to injury biasi debited £167 from my credit card leaving me with a boiler that had gone from an "intermittant fault" to not working at all. The engineer left my property pronto without further discussion leaving my family without heating and hot water. Over the coming days BIASI refused to issue me with a refund and advised that I needed an "installation error with the flue rectified, and we don't do that" I can only describe the situation as a total nightmare. When it became apparent that BIASI were keeping my money and leaving my family without heating or hot water, I called British Gas who arranged a local engineer to attend within 24 hours, who diagnosed a connection fault with the board, which although not easy to locate, took him an hour to fix. The BG engineer advised that the parts that had been fitted by Biasi were not required, that there was absolutely no installation error and that any engineer worth his salt should have fixed this issue easily. (All backed up in a written report) To date after much wrangling BIASI have stuck to their view that there was an "installation error" and even suggested that British Gas may not have safely fixed my boiler (all total nonsense) They did eventually grudgingly agree to refund the £170 I had paid them thus far, but this has still not been received and have refused any form of compensation. A money claim has been isued in the county court and I strongly advise Consumer Action members to think twice before using BIASI for a boiler repair. I will keep you all posted on the outcome of the court case.
  14. Hello Everyone.. Help Please Dial a Phone Ltd delivered a phone to me late desppite assuring me it would arrive in time for my son's birthday. They dealt with my complaint (and the fact that a big dampener was placed on My boy's birthday) in a real arrogant manner. So I took them to court.The claim is for £155 of consequential loss. (Day off work etc) The Solicitors have responded with normal waffle and have advised me they have no liability for consequential loss. I have an email from Dial a Phone confirming the day they were due to deliver. A hearing date has been set for January but I need to pay another £25 for this to take place. Do you think it is worth my while or will I be throwing good money after bad...? Any advice appreciated (re my position legally please) !! Thanks
  15. Hi There Hope someone can help me. My Mother In Law who is in her 60s was clamped in her own parking space (she resides in a flat with a designated space) and she has parked in the same place for ten years. Unfortunately her permit had become unfastened from the windscreen and had fallen onto the floor of her car. She was clamped at 8pm and noticed whilst the clamper was still in situ...she calmly explained the situation to him (he was new - she was on friendly terms with another clamper who was there often) she was basically told "tough luck" and had to pay, money she genuinely didn't have. The stress of this has made her pretty miserable and I have written twice to National Parking Management requesting a refund. They sent one letter saying no and ignored the second letter which was a Final Demand prior to legal action. As my M.I.L was legally parked in her own space would I have a reasonable case if I issued a money claim? I really don't want these people to get away with this and any advise would be much appreciated. Many Thanks!!
  16. Hi Andy. thanks for response. A summons was issued which I defended on the basis that the debt was not mine....heard nothing for months despite writing to capquest/HL I then wrote to the court who confirmed that I could pay to have the case struck out...before doing this I wrote to Capquest/HL threatening legal action. They have written back saying "they cannot locate any agreement between me and HSBC and will be taking a practical view and not proceeding" offering me £100.. I have spent hours on this matter and the stress we have encountered has been unbelievable as we always pay everything on time... We cant believe that a firm of Solicitors would issue a summons without any proof of a debt!!
  17. Your help would be much appreciated Capquest through HL Legal issued a court summons against me for a personal loan with HSBC. I have never had a personal loan with HSBC! For 3 months Capquest and HL Legal ignored all my correspodence. As you can imagine my wife and I were going out of our minds with worry and had many a sleepless night.... After I threatend legal action HL Legal wrote back confirming that the debt did not belong to me and a mistake had been made. They have offered £100 in compensation which we feel is derisory. The summons was for £600 we feel they should compensate us for this amount (they havn't even apologised) if they are willing to send out Court Summons incorrectly for this amount they should be prepared to compensate for this amount also? Do you feel this is reasonable? I am new to all this so would appreciate some help. There seems to be a lot of intelligent advice on here... Thank You!!
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