I will post the emails tomorrow after removing sensitive info.

That all they put in their defence, I have an email from the supplier after I suggested that to prevent upheaval and causing disruption I would settle for £500 compensation for the issue with the worktop and for the chips to be filled.

They agreed via email and said this would be done on the Wednesday. Exact email after my email was "done" see you Wednesday. I take that as acceptance of my proposal. Also the quartz rep sent an internal email which the supplier forwarded to me after months of asking. She asks for the chips to be filled and then puts mark down as a "watermark" and says would the customer live with a sizeable reduction.

She can't figure out what the mark is and how it was caused. The second rep suggests to the supplier "I think the watermark is down to heavy abuse and caused by placing hot pans on the surface" I don't know how he can figure that out at the mark won't even show up on photos properly. Rep that visted took pictures in her phone. My dsr camera can't even pick the mark up fully with or without a flash.

I also have an email from the supplier telling me not to worry she had asked the manufacturer to order a replacement slab. Later I was told unfortunately it won't be replaced as the damage was caused by heavy abuse. Quartz installed first week of March and issues reported in early April same year.

Would like to know if anyone has had a look at the claim form and the summary defence

Had to upload the claim form and summary defence again

claim 3.pdf

Hi,

please see attached the claim form completed by me and the preliminary defence received from the suppliers solicitors.

I have emails from the supplier stating that they would order a replacement slab.

The supplier sent me the so called report by the manufacturer when they came out to inspect which blames heavy abuse for the chips,

no mention of the pitting,

the white patch is referred to as a watermark.

Later another rep from the manufacturer emailed the supplier saying the watermark is down to hot pans on the surface, i didn't think a hot pan could cause a watermark, does anyone else?

Forgot to mention,

i am also claiming back the £150 that i paid twice for the templating,

first time in cash as advised via email by the supplier to the templater directly,

the second time it wasn't take off the final amount and was paid via debit card.

I emailed the supplier several times asking for a refund as well as emailing about the progress of my issue,

she would answer the worktop issue after several further emails but never replied back about the double payment. She just simply ignored that part of the email.

claim1 CAG.pdf

Defence CAG.pdf

The supplier is set in stone York ltd. I will post the defence and claim shortly. Thanks for your reply.

Hi everyone, need some help.

I have issues court proceedings against the company which sold and fitted a quartz worktop for me in March 2015.

In April 2015 I contacted the company about a chip that occurred on the end of one worktop when a ceramic plate hit against it as wl was being moved. The plate did not break and now there is a chip on the end.

Also I complained about pitting on the other run as well as a white mark near the sink,

the mark is being called a "watermark" by the manufacturer.

After months of emailing I finally got the manufacturer to inspect the worktop.

She tried in vain to get rid of the mark but couldn't.

She asked if we had any cast iron pots and checked the cupboards and found none

Months later still emailing the supplier and fitter

I was told not to worry my worktop would be replaced.

Then a change of mind occurred and I was told the manufacturer stated it was due to abuse so no replacement.

The report by the manufacturer can't figure out the White mark and the other marks are put down to knife marks due to cutting on the surface, this is not the case as they claim.

The manufacturer also stated that during their inspection I told them that we put hot pans in the worksurface with some cloths underneath. This again is a complete fabrication, I would not spend close to £3000 and put hot pans on the wirksurface or cut directly on it. She also stated that she advised us to use a wooden chopping board, something we already use and have had for many years.

In May 2016 after numerous emails most without a reply the supplier and fitter decided no replacement.

I stated that I would take matter to court, we both then agreed that I would received £500 back for the issue and the chip and marks to be filled by supplier on the Wednesday. No one turned up and I took a day off work.

After this none of my emails were answered and I said I would claim for the day I took off.

I submitted court proceedings and the fitting and supplying company instructed Solictors and filed a defence.

They stated that co campo was offered and they never agreed to replace,

I have emails confirming to the contrary.

I believe they will get the manufacturer to help with the claim by way of a witness statement or report.

The worktop has a 33 year warranty,

I did not cause the issues due to abuse and quartz is advertised as a very hard surface and almost indistructable.

No invoice for the sale was ever received despite asking the seller,

no cleaning or care instructions were ever provided,

even though we did not need these as we would not mistreat the worktop.

Now we have glass worktop savers all over the worktops

even a cup falling on its side causes marks on the worktop and the pitting issue was never addressed.

Any pointers to relevant defence for my case would be appreciated.

Can anyone help me with this. I have the hearing on Wednesday.

I have just received a letter from the court the defendant cardif pinnacle have applied for an order to grant them summary judgement under CPR part 24 stating there is not prospect of succeeding with my claim The judge has listed for hearing on notice for Friday 23rd. Any help will be appreciated. I have in my particulars of claim stated that the time limits do not apply under section 32 of the limitations act. Can I apply to have this order struck out and under what basis.

I would appreciate an urgent reply.

Thank you so much for them information which will help with my particulars of claim. I have a further question about the work related benefits I already had. The FOS states that I would have known about these at least several years before making the case with the FOS. Will this hinder my chances. I know that pinnacle have stated the policy would have paid out regardless

I have issued a claim against cardif pinnacle over mis-sold PPI .

they are defending the claim stating the claim is outside the 6 year time limits

and that i would have benefitted from the protection.

the 6 years expired in 2012 but i complained to the FOS before this date,

it took them till may 2014 to get back to me with their decision.

The FOS state that i would have known before that the PPI was of no use to me

and therefore they have rejected my claim,

thats the reason to issue the court claim.

the policy was started jan 2003 and then cancelled by me in 2007 after i went abroad for a year.

I sold my home and the mortgage was cleared as well.

at the time of taking the policy i had work benefits that covered sickness and accidents for a period of 6 months full pay

and a further 6 months half pay and then it would cease.

i have checked the policy terms and there is no mention of existing benefits.

the policy was sold to me over the phone at the time of taking out a loan.

the loan was with intelligent finance who referred all their insurance policies to cardif pinnacle.

can i use the fraud act as a defence.

the FOS said i would have known about my existing benefits at the time of taking out the protection.

I expected cardif pinnacle to make all this clear to me at the time the policy was sold.

cardif pinnacle have now stated in their defence i applied for the cover online,

i only had a laptop and internet service starting in 2008 a year after my son was born.

they then stated that i filled in a application form which i know i did not.

Are there any areas which you know of that will help me with my claim

Have you explained to Barclaycard that you live at the address where the unit was installed? What was there response? Perhaps you can provide them with current evidence that shows you live at that address and therefore do benefit from the purchase?

 

If you can't convince Barclaycard then you can ask the Financial Ombudsman Service (FOS) to look at your case.

 

Also why was your brother in law using your card details? That's a breach of your terms and conditions with Barclaycard and if the knew they could also refuse a Section 75 claim on those grounds.

Hi thanks for the reply. I he pave told them I live at the same address . My account with them is at the same address but they want the invoice to be on my name. My brother in law paid for the items as I was at work and the day after the installation the company was going to call and take payment which they did and my brother in law was at home so was my wife who had the card. Is there any grounds to barclaycards refusal. The units were ventilation units so if they are installed in the property I live in then I assume I would be receiving the benefit. I have never before thought anything of either using my online account for a store for instance and get my wife to pay on her card or the other way around. What about visa chargeback. After all the company promises the no quibble money back guarantee

Hi,

I have asked barclaycard to recover money i paid to a company which stated that i had a "no quibbles 60 day money back guarantee". I was unhappy with the installed item and asked the merchant for a refund, the company stated that their "no quibbles" money back guarantee doesn't work like that. To cut a long story short barclaycard attempted a chargeback which was declined by the merchant bank. The merhcant produced a set of terms and conditions which were not there terms on their website at the time of my order. I managed to retrieve the previous terms with the help of an archive website.

I received a call from barclaycard today stating that as the invoice is not in my name then they cannot carry out a chargeback under section 75. they said that there is no way of verifying that benefited from the goods, even though i like at the address in question and the unit was installed there. What are my options as time is running out.

The invoice was supposed to have my details on but when my brother in law gave my card details he did not think that my details would not appear on the invoice.

Hi

I need help with my claimagainst BMI Credit card under section 75 . 11 years ago i has 2 lots of cosmetic surgery at the BMI priory private hospital. This was paid for with my BMI card around £5000 in total. The surgery was for rhinoplasty (nose) and bat ear correction. I was told by the surgeon that it would take a year or 2 for the full effects of the surgery to become apparent. My left ear was badly deformed after the surgery, the surgeon admitted he had put the bandages on too tight which caused this. I wrote to the BMI priory telling them of the affects of the surgery and how unhappy i was. They told the surgeon to redo the surgery to the left ear.

He did the surgery and told me he could not carry out further surgery to the ear and this would be the last. He said that i should wait for at least 3 to 4 years for the affects of the surgery to take place.

My ear it getting worse and the large scars are becoming pain full and making my ear look deformed. My nose has now developed a depression on the top surface as well.

After writing to the Hospital 6 months ago i was told that they would pass my complaint on to the surgeon who no longer works at the hospital. He has not replied to me at all.

I then decided to write to BMI card who financed the operation on the credit card. They told me that i have not shown any evidence of breach of contract which is required for them to refund the money i paid.

I have no paperwork or contract at all, what do i do . I know the first operation was 11 years ago but shorly there must be something i can to? It was the hospital who recommended the surgeon in the first place.

Should i request my medical records from the hospital and if so what would they prove.

Please help

Hi everybody.

I recently ordered a laptop from a site called DHgate (sort of China's version of eBay), based in China. They offer an escrow service - I did kinda verify it, and its a well established company in china, and payment via paypal. So I paid $1815 (about £1000) from my Paypal account (funds from halifax acc.) to DHgate escrow.

 

The problem is the seller on dhgate (again, dhgate is like ebay but in china) sent a 'dummy' laptop. Yep.. I was so dissapointed when I opened the box. Actually its a used highly damaged worthless laptop, and not the new Lamborghini laptop I ordered.

 

I then immediately contacted paypal and they said that even if I received a dummy item, it is classed as a 'significantly not as described' situation which they don't get involved in (unless its on eBay). Technically it's dhgate although its in escrow. I then contacted Dhgate escrow and said that I got a dummy laptop. They then said that they will give a refund minus shipping, handling, duty costs, etc since its what the seller incurred.

 

That seemed ok. Problem is, the seller put an high invalid $2000 customs value on it . He actually pre-paid the customs charges so I wouldn't realize till I opened the box. The total costs of the customs charges (although invalid) + shipping is $1000 . So the escrow company will only send $815 (less than half!) by taking off $1000 from the $1815 I paid. On top of that I've got to send the dummy laptop back to the [problem]mer with tracking number which will cost about £150, even though a computer guy told me the laptop is literally not even worth a penny. This is because dhgate treat dummy laptop's from [problem]s as a 'received item not as described' situation, which needs returning before refund - can you imagine that! I'm guessing that the [problem]mer knew how dhgate worked, and knew that for me to get a refund would mean that I would lose almost all of my money.

 

I then called Halifax (I've got a visa electron debit account by the way) if they would issue a chargeback if I paid by credit card. I paid by VISA electron Debit card via paypal . My paypal account bank activity said it was a 'charge from credit card' when I was about to send the money, and still says it now. Can I start a small claims order against paypal. If I get my money back from paypal, then paypal will then get the money back from dhgate right? I thought that Visa debit cards can allow chargebacks.. or is it not for Visa Electron?

 

Because the money is still in escrow, and dhgate hasn't given money to the seller yet (they only do so if I tell them to... thats the only good thing about them) maybe if I can get paypal to reverse the charge then Dhgate won't be bothered since they've only just lost money that was to go to a [problem]mer (someone else).

 

I hate it how Paypal can't even bother to reverse the charge, when they even know who the receiver is:mad: ! Dhgate is chinese, and I couldn't really even get someone to speak to in English. I' think I should pursue Paypal at fault since the seller is foreign (harder to reach) and technically it was Paypal that the bank transfer was made to (via my paypal account), and its them who refuse to reverse the transfer. I can't even believe that a human being would be so heartless and have a 19 year old student (I told him this before I purchased) unfairly bear $1815 in damage so he can have the possibility of illegally and unethically make a stupid $315. I'm really starting to hate the Chinese.

 

So what do I do? I'm only a 19 year old student so $1815/£1000 is quite a bit of a loss for me . I only bought a slightly expensive laptop to help with my University CAD renderings, and I was so careful by using paypal via visa electron debit and an escrow (valid, although not very good) to pay. I always thought that paying by paypal was 'safe' and allowed me to reverse the transfer in the event of a [problem], and paying by debit card also allowed a chargeback. Anyway, thanks in advance for any advice.

Hi can you tell me if you got your money back in the end. Did you use Visa chargeback to get your money, did the Financial ombudsman handle your case and if so did they rule in your favour? the reason i ask is i am fighting with the Financial ombudsman to get Barclaycard to take responsibility about a transaction paid via paypal but they would not initiate a chargeback because they didn't know what it was. The FOS is telling me that Barclaycard would never win a chargeback case fro Paypal

Hi,

Thanks for posting the information, where can i get a subject access request letter so that my sister can write to santander. How long would Santander have before they have to provide the information. She has 7 days in which to contact the solicitors acting for santander with a proposal to make payment. She has obtained valuations from other surveyors who have said the property was undersold, it was put on the market for 92k and obtained 100k selling price. can my sister make a claim to the court would this put the account in dispute and therefore put any enforcement action on the back burner until the dispute is heard in court, what form would she need to complete?

Hi Everyone,

My sister is in tears and upset as she has received a letter from her solicitors today demanding the shortfall of £55k for the repossession property sold by her mortgage lender. The letter contains an order from the court stating that there is not need for Santander to seek application to enforce the judgement. it also says that she has 7 days to have the order set aside.

Background.

My sister had a property on buy to let. the tenant wouldn't make any payments after a short while and it took several months to evict the tenant and in the meantime she was several thousands in arrears.

The bank to possession of the house and sold it for £100k, bearing in mind it was values 2 years earlier at £195k and my sister had a mortgage of £145k.

She has a propert where she lives with her 3 children. She has disputed the amount owing to the bank and has complained to the banks solicitors that the valuation carried out by the estate agents acting for the bank was far too low at £110k. Although prices have come down but not by 50%. the bank have rejected her complaint and are demanding 55K that she cannot afford, she is only working part time and has a 3 year old. she is a single parent.

Can she make a claim against the bank for selling the pproperty at a very low price. She also has several new valuations putting the property price well above £150k at the current climate.

What does she do to have the judgement set aside. What will happen to her current property. She is in the process of selling the property she lives in. it was old february of this year when the property that was repossessed was sold.

betty court order..doc

Thanks for the reply, i want to avoid bankrupcy and save myself the sense of failure. I have no assets what so ever. I have not means to repay my debts in full. I have made some full and final payment offers to some creditors but never heard anything back from them. I can only assume the offer was too low for them. I have recently had another SD set aside successfully. I don't think it is in their interest to issue a statutory demand as they will not get anything at all, they are way down the list to get anything. Do you think it is worth writing to the DCA and telling them that making me bankrupt would not be in their interest.

There was no agreement, just to pay an interest free installment for 5 months. I offered to return the goos when i could not pay for them but the retailer refused. What if i bring the debt below £750 and they add interest to bring it back uip again. I cannot afford to pay a monthly installment plan because i haven't enough left to pay my creditors at the end of each month. My debts are over £140k so am having to prioritize at the moment. i will have to check but the original debt was about £600 so £200+ is made up of charges, i will have to check to make sure on this.

I could gather the £110 as a last resort to prevent them issuing a SD. What if i offer to pay the £110 but they refuse to accept it, where do i stand if this happens, do i just pay it to them anyway?

Hi, can anyone advise me please, i have 3 days to act, the debt is about 2 years old.

Hi,

I have received a letter today for my creditor stating that if i did not pay the £861 they will use the insolvency act to recover the money. The debt is for electrical equipment paid for in installments. can you advise me if the credit act applies to this debt, should i have received a default notice etc. Can they use the insolvency act for this amount?

Thanks guys without you itcould not have been possible, this is a great site which helps the less legally educated people.

Attended court today, Caquest didn't attend, wrote to the judge to say they accept the set aside application. I put my costs down as £291.50 but the miserable judge only awarded £78.50 to be paid within 14 days by Capquest. The old sod didn't accept that it took me 18 hrs to prepare for the case, he said if it was a solicitor then it would take him about 2 hrs. Well i'm not a Solicitor who charges £150 per hr. I would like to see how long it takes the judge to carry out my job and see if he can do it at the same speed, but anyway i won in the end so that's what really matters.

Hi POSTGGJ, please look at the defence, application for costs was sent seperately.

I apply for the statutory demand to be set aside number 2.doc

I'm with you postggj, i haven't put up with all this distress to let Craapquest get away with it, i will go to court tomorrow and let you guy's know how it went, thanks to everyone for helping.