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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Tootles1971

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Everything posted by Tootles1971

  1. Tootles1971
    We have Judgement. What's the best way to warn other people to be wary of this company? They seem to do some really good work, but they also do really awful work, don't complete things and the Director has also had a second company that took money by DD then folded owing people money........He clearly is either disorganised or totally crooked and I'm not sure which! Clearly I don't want to destroy a decent person, but equally don't want other people to be in our position!
  2. Tootles1971
    OK we're all sorted. Hopefully judgement will get given quickly. This has been a nightmare process!
  3. Tootles1971
    We've had a call from the court telling us the hearing has been cancelled and we have to fill in a form but she couldn't tell us which one to use. We're now confused............ What happens next?
  4. Tootles1971
    Sorry. Technically challenged. Here goes again
  5. Tootles1971
    Hi BankFodder, Yes it is still listed. We've been keeping a check as we were worried he was doing a runner! We've received a letter from the court today (attached) which we could do with some advice on. I've tried phoning the court office but they were not too helpful as "we won't necessarily have dealt with it yet if it came in on friday" agggh! They apparently work a week behind. I presume we have to fill in a form to file a judgement, but the form we originally sent only includes fees for the claim form, and we've had £270 more in court fees since, which I hope we can add on! Basically, what do we do next and do we just take a request for judgement to the court hearing on wednesday? Thanks!! Tootles
  6. Tootles1971
    He's been told to submit to us and the court by 4pm Friday or his defence will be struck out. The hearing is due next Wednesday so I assume this would be cancelled if he doesn't comply? What happens next?
  7. Tootles1971
    Can someone help out please??? Our statement has been submitted but yet again he hasn't sent us his documents by the deadline. We're unsure if he's submitted it to the court. We posted his signed for and it's still at the sorting office waiting for him to collect it. What happens if he doesn't submit anything to court?
  8. Tootles1971
    Hi again We now have a hearing date for February. Can anyone give us some pointers on the evidence we need to submit for the hearing please? Do we have to resubmit things that have already gone in as part of the claim? We are still hoping that he might contact the mediation service, as he ticked the mediation box on the directions questionnaire, but so far he hasn't contacted them. Thanks! Tootles
  9. Tootles1971
    So the letter he took with him to the set aside hearing has been accepted as his defence, so we now have the Directions Questionnaire. His defence is fairly weak, and has huge discrepancies all the way through it. Is this all he can use at the hearing, or can he submit further evidence? Also, we had an expert report done before we submitted the claim, which was included in the original claim, so do we have to ask for this to be used as expert evidence at the hearing, or is it just considered part of the original claim? We are planning on offering him a settlement to avoid going to hearing, but also submitting the paperwork to court as he has been very uncommunicative all the way through! Just want to see the back of this now, hopefully get some money back and get a decent fence built!
  10. Tootles1971
    OK so he's failed to file a defence as ordered by the judge at the set aside hearing. What happens now? Will it go back to default judgement? In other news he's also fraudulently claiming to be part of a safer contractor scheme
  11. Tootles1971
    Thankfully we are joint claimants so I can go ahead alone but not looking forward to that! We have had an independent report completed. We offered him mediation in January but he just ignored us completely until April when the late defence was submitted. If we say no to mediation now would that go against us? If we can't agree something in mediation what happens next?
  12. Tootles1971
    Hello again, Following the judgment being set aside, we are now preparing for the hearing. We've finally received some defence from the defendant, which is full of inconsistencies, incorrect dates and downright lies. It contradicts several items of correspondence from him which we submitted with our original claim too. We haven't had the directions questionnaire through yet, but as we only have 14 days to complete it when we do, thought I'd ask for a few pointers so that I'm ready to go straight away. The basic jist of the claim is that we had a fence built this time last year, which was never actually completed, and we were expecting him to return in september to apply a second coat of treatment, remove some tree stumps, and put on some decorative balls. It got to the start of December, and the fence was leaning quite badly after a storm, but all of the fence posts were able to be moved (about 30 cm!) So quite obviously had not been concreted in adequately. He replied to our perfectly polite email saying he could not be help accountable for the weather, "....and as for the stumps!" which we took to be clear that he had no interest in coming to look at the fence or finish the work. There is a small amount of the quoted amount outstanding to cover the three things that needed to be finished, but we had paid him the £1500. We then wrote to him, again very politely, requesting that he finish the job we had contracted him to do and either repair or replace the fence. We'd had someone to look at the fence who basically said it needed to be scrapped and rebuilt. No response by the end of January, so we emailed again, offering mediation, but again received no response, so started off the small claim process. He failed to submit a defence, so we went to the next stage of the process, then about a week later we received a very short defence statement, which was sent back to him by the court. blah de blah until we got to ccj, and bailiff, at which point he applied for set aside, and unfortunately due to our naiivety, it has got set aside and will now go to hearing. Last week, my hubby had a major heart op, so I will have to carry this on alone, which fills me with dread. What sorts of things do I need to demonstrate to the court to prove he's not done what he should have done, and that he should repay us? Can I take a friend with me? Am I allowed to submit statements from our neighbours that the storm caused them no structural damage? Thanks Tootles
  13. Tootles1971
    Quick update. We had the hearing. The judgment has been set aside because we claimed against the person, and not the limited company even though he is the sole director. Aaaaagggghhhhh! So now we will have to go to a hearing. Stuffed up on a technicality. Why can't they make things more explicit in the process? Thought the small claims track was supposed to be user friendly. Hey ho. We live and learn. Sad little Tootles
  14. Tootles1971
    OK. I can add that in. So can you just clarify point 9? Can we not ask him to cover ALL the costs up to this point?
  15. Tootles1971
    OK so it's referring to subsequent costs from now on?
  16. Tootles1971
    Hi again Bankfodder Please could you just clarify this point for me? In the event that the court allows the defendant's application to setaside, it is respectfully requested the the court orders that all costs reasonably incurred so far by the claimant, other than the claim fee and the cost of the expert evidence, be borne by the defendant as the claimant has litigated reasonably in all respects so far and any costs thrown away will have been caused by the defendants tardiness in dealing with the issue. Why can we not claim all the costs incurred, rather than excluding the claim fee and cost of expert evidence? Thanks Tootles
  17. Tootles1971
    His late defence:- 1 The defendant denies that he is indebted to the claimants in the sum alleged. 2. The defendant supplied a fence which was properly constructed and of good q1uality. 3.As a result of excessive weather conditions the fence may now have been damaged but such weather conditions are beyond the control of the defendant.74 Suffice it to say that the fence constructed was constructed in according with accepted practice. The post were concreted into the ground where appropriate and the fence, as photographs will show, is, save for weather damage, of excellent quality. 5. The defendant therefore denies any liability to the claimants. That was it, no attachments just the above statements on the form.
  18. Tootles1971
    Hi, Thanks very much for the info and advice. Procedurally are we obliged to respond in writing to the set aside request? We have looked on line and cant really find what a claimant has to do, plenty of resources to assist the defendant. The lady we spoke to at the court office said we could reply in writing or attend the hearing or both, however she didn't sound too convincing. if we respond in writing we then show our hand to the defendant before the hearing.
  19. Tootles1971
    Hello, He did not defend the original case, we were given a default judgement. The case was raised in Feb this year and the default judgement was made on the 31st March. We know he did receive the papers because he tried to enter a defence in early April, a few days too late! We had an independent report from a local builder in January of this year whilst we were gathering our evidence in preparation for the claim. The only papers we have received from the court is a copy of his N244 form with no draft evidence or any attachments only the statements listed above.
  20. Tootles1971
    Hi, We have been right through the Small Claims process due to a badly built fence, all the way to bailiff leaving a letter, and now the defendant has applied to have the judgement set aside. We don't have long to respond as the court date is a week on monday (at our request due to some other personal circumstances). We are really unsure what evidence we need to supply at this stage and struggling to find helpful advice. This is what he's put on his form: section 3: What order are you asking the court to make and why? To set aside a judgement against my company. The work done for (my name) was according to his specifications. He expressed satisfaction at the time. The damage was caused by weather conditions (torrential rain) six months later. He hasn't ticked any boxes asking what information he will be relying on, but in the next box it says: See box 3. In addition to the torrential rain the entire country suffered damage due to exceptionally high winds as recorded at the met office. As far as I can see, he can ask for set aside if he doesn't owe the money. My question is, what do we need to submit to the court? All the evidence we have already submitted as part of our application, or a statement saying that the damage wasn't due to the weather (we have an independent report on the poor construction of the fence. ) Thanks Confused little Tootles!
  21. Tootles1971
    I would recommend 'phoning them up. It has to be about the worst letter I've ever received in terms of not actually informing me of anything!
  22. Tootles1971
    We received a letter from Talk Talk last week. This is what is said: Your Talk Talk Service is about to get better. At Talk Talk we're constantly working to bring you better value with improved services. We are therefore delighted to let you know that we're upgrading your package to our newer, better value service. What does this mean for you? The following will stay the same Your existing broadband connection your existing telephone number(s) Your email address (if you have one) You'll continue to receive VAT bills What happens next? You don't need to do anything to benefit from this, and we'll write to you again within the next few days with your account move date and further information. If you have any questions in the meantime, please see the FAQs overleaf. ....................................................................... OK lovely. They are going to improve our service. That's nice. What they fail to mention (which we only found out when Mr Tootles rang up to see what the improvements would be as we are on business broadband and didn't want to suddenly find we lose the amount of download we're allowed) is that they would be moving us from our £12.50 a month package to one that would cost £26! It was *only* £20 for the first 6 months! Cheeky monkeys (or words to that effect!!) So, if you receive one of these letters, best double check before you get a nasty surprise at the bank! Tootles x
  23. Tootles1971
    Phoned them, told them that we felt that we shouldn't pay as it was over 12 months and they had signed up to the code, and he said alright then, I'll credit your account with amount you owe!! Wow! Totally shocked and hubby disappointed they didn't try to fight it!!! Glad I asked now Tootles
  24. Tootles1971
    Thanks
  25. Tootles1971
    Hello, We were going to switch to EDF but changed our mind, and our existing company advised we didn't need to do anything else, so we didn't, but we got switched for about 3 weeks. We gave the final meter readings etc at that time, and paid the final gas bill and I didn't think about it any more until last week when we got a final bill for the electricity! I have no objection to paying it as we do owe it, but just curious.......how long after a contract ends can a company still ask for a payment, when it is clearly their fault they haven't asked for it until now! Tootles

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