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Mrsshe

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About Mrsshe

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  1. It seems that a large number of my messages have vanished from this thread. Also no private messaging is possible....... THANK YOU??!! BYEEEEEEEE
  2. It is the Second time you are having a go at me! I came to you for advice and help. Now Gold Members are having a go at me. I still have not received a response as to whether I have contract or, on expiration of `Letter of Intent, there would not be any. My aim was to esbalish as to whether by "just go in" I would be breaching a contract or not. Did I get an answer form you? No dears, I would not go in unless I was sure that I would not be breaching a contract, physically able or otherwise. Re. your comments re. my last issue with npower: Perhaps you note that once a legal process commences, as I wrote to you then, it would be foolish to write down details about it - as I was advised legally! I would have expected those members to be aware of that. Writing them here when dealing with giant and resourceful co.? Under the circumstances, I do not wish to be at receiving end of such comments and attitude form those members. I thank those kind and caring guys who gave me their valuable thoughts. re. your comments re. npower: Did any one of you directed me to do so? where is your advise? when did you ask me that?. Here is the first time you refer to it! What is wrong with some people? It seems that I am not the one with a problem. I have had enough of this attitude. Thank you very much.
  3. Npower got resolved with legal assistance. Because of that, as I last wrote, I was legally advised as not to write details of the case to jeopardise it. We were dealing with npower, a resourceful giant. Did Cag expect me to write details of legal case? I wasn't aware of that! Anybody else who would like to have a go at me? I have received response by a number of people for whiich I am grateful, however to date I have not received response re. technical questions such as those I repeatedly asked. Has anyone responded to question of whether the expired Letter of intent casts as a contract?? you may check the whole lot, thank you! "Just get in"!!! has been the advice received. I did not want to be taken to court for breach of any contract if I "Just got in". THANK YOU! FOR YOUR KIND RESPONSE.
  4. To reply to your first comment, indeed it does make a difference as to whether effectively there is a contract in place. That seems to have been overlooked. If legally there was, I would be forced to communicate with contractors only via a project manager. ON the other hand, there may not be a contract in place - based on expiration of Letter of Intent. There is a difference. The word "discredit" does have a significance despite having some embedded emotions as you put it. Should there be a contract, I would refer to their allegations as "breach of contract", otherwise in the absence of contract, the word "discredit" would apply, and I would not need to complicate matters by referring to it. Regardless of the above, I shall prepare my list; how I reference my list depends on becoming certain as to where I legally stand with regard to above question. Buglers break into one's home, take one's valuable possessions and kick the person out of his/her home. Bolt and chain all access and even block access to one's mail for more than a month. Perhaps one could see the similarities between this scanrio and situation I find myself in. I have a torn and bruised hand as the result of trying to get to my mail from behind their barrier. Indeed there would be many a panic, stress and emotions, and I do not agree that I am over reacting here. There are currently 1800 people who are reading my thread. They probably sympethise with my situation or find themselves in similar predicaments. Any technical or moral support is valuable to me; and I would reply to them even if they ask the same questions again and again. If they understood my sitaution, they would be in better position to advise. I do not expect those who do not understand to carry on reading my lines. I want my home back now By making false allegations and fabricting list of short comings on my part, they are justifying their actions. By referring to their disappearnce, bolts and chains as "immobelisation" and "re-mobelisation", they will be demanding further moneys off me. For that, I am seeking advice from my fellow Caggers as to how they see the picture. That would help me decide as to whether, at this point, I should give them an indication of my position and damages. If I do not do that, I should expect to receive a longer fabricated list and a figure for their damages. Which way to go? Within all lines I have written above, I have clearly said that I do not expect to get the moneys back. Indeed they were unjust but to be realistic, it would involve further cost. I have said I just wish to get my demolished house back in my possession without any strigs attached or expectation of them coming back for more money. If that is not clear enough, or some find it confusing or too emotional, I suggest they do not look at my thread. There are many other kind bodies here who have truly helped me in many aspects and I am grateful to them. Thank you all.
  5. Sorry I thought I had already answered those questions. Just to contractors I have paid around £30k. Two certificates and two invoices in a matter of 6 weeks. First certfificate (within 2 weeks) had accompaind builders' invoice of £12k for most of demolition. It showed percentages of work they had completed - of course inaccurately. Second certiifcate was of around £14k. This one was not sent with similar documentation. QS sent a general original valuations which did not show what was done. I made 5 attempts to get it but was confronted with bullying by QS. I am sure, unless fabricated now, there were no such valid valuations. So to date I still do not know what they did as visibly only demolition is the apparent work. However judging by the skip that remains within barricades, it is clear that despite my written instructions as to halt everything, they have visited the site hence some addition of pipies and things in skip. They were also seen to be removing items from the site. I wrote them that they were not to remove material, to which they replied "some material belonged to other sites"! Meanwhile, QS had charged twice around £3k so far, in addition to enormous amount of money I paid to architects which I am not concentrating on at the moment. I do hope I have given you the answers. Thank you again, you are very kind to reply to me.
  6. Thank you ever so much for your prompt response, I am most grateful. I will pay £30 for copy of JCT in the hope to understand those clauses. I seem to be a little naive!! Regarding the Letter of Intent: I don't think you asked to see a copy. You were kind enough to read the contract at the time I was under impression that there was a contract signed and sealed! In LOI, it says "should the 6 weeks duration be terminated before the set date, or contract be signed, it would have to be via instructions "given to you by us". I question the phrase here for follwoing reasons: - throughout the duration, contractors, QS and project manager or architects have in no vague terms told me that "according to terms of contract, contractors should solely be communicated with via one of us (the above) . -They collectively shut me up at meetings or told me off in emails when I tried to express an opinion or question an issue directly with contractors - So I assume that "us" means one of them. Signature of letter of Intent belongs to my husband but "US"??? I strongly beleive that, from the outset, this group took advantage of my husband's mixed up state and my lack of knowledge, planed this scheme. There were no contracts, yet they pressed on as if there were. And that is the reason I am still asking the question. All along, we were told by the gang that, according to contract, we should have a contract manager with the project. At the start, the architects appointed themselves as such. However 4 weeks into work, I guess the rest of the gang developed some disaggreements with the architects. Contractors subsequently produced pages and pages of complaints to us with allegations against the architects for not having provided all infos and specs they needed. Architects were also behind schedule for 4 months and had reached a stage where all aspects of project were ready for construction, so at that stage we were in a position to formally terminate architect's services. Once architects departed, we were immediately threatened by both QS and contractors that we either had to pay vast amounts in advance every 2 weeks to contractors or to employ a new project manager - all the time referring to terms of contract!! As a matter of urgency and in panic, we accepted to employ a person recommended by the QS. This person is the one I have been referring to as "collaborated with the gang" for about 4 weeks. A few weeks into contractors' disappearance, we received a few unexpected emails from this person which showed the true picture to us. The gang claimed that, according to contract, she had the right and used it to sanction this and that which resulted in certificate for £14k.. From papers, I noted that she had been aware of their plan to abandon the site weeks before they did. It was at that point that I sacked this person. However, under the pressure and receiving a number of contradictory advice, and still being under the impression that we had a contract, hence in need of a project manager only to kick the contractors out, I appointed a person to act as new project manager to just hand in the termination notices to QS and the contractors. Now I am facing the question as "did I, or do I, really need such person when duartion of LOI expired weeks ago? My additional worry is that within termination letter, we have now stated "put your grievances in by 5/5, and we will do the same"!! I did that based on advice of this person who is not going to be in any position to further act for us unless the so called contractors' grievances become serious! We were told that it was highly unlikely that contractors would do that. I am very concerned now. I wonder if I have made yet another mistake. Hi Steampowered, thank you for your advice. As you suggested, when I make a list re "breach of contract" by contractors, should I prepare it as attacker or defender. As mentioned recently they sent a table of their allegations to me to justify their disappearnce (not barricades etc). I can discredit them all through documents. I could also add many items of substantial damages they have inflicted - not on their list at the moment On the other hand, I could prepare replies limited to their allegations, and withhold a number of damages and claims which "I" have against them - this could be beneficial should we end up in court. Legally or logically I do not know which is to my benefit. It has become more clear from papers, that this gang have had their plan form the start. So I expect they would ask for substantial moneys at this point as blackmail. Or they may well be going through planned steps to take me to court in anycase. Can you please advise me. I am most grateful.
  7. The point is construction has not begun! Incomplete demolition has been carried out but according to their letter, they allege that they could not start wrok because we did not provide them with info they required. Of course allegations can be discredited through documents. Present situation is, as I now have found out: - there was a Letter of Intent to allow them work for 6 weeks, with starting day of 31/2. - They had to hand over to us many documents TWO weeks prior to signing the actual contract. They did not. _Had they done those, then if we approved and agreed, we would sign the contract. At the moment: because of so called JCT 5.1 & JCT5.2 mentioned as terms applied in LOI, I am kept in the dark. One advice is that because they claim they did some work other than demolition, terms of actual contract applies should we go to court. In that scenario, we would have to give them notice of termination through a project controller/manager. We should give them 7 working days to move out and hand over any claims for damages they have. I did that last week! The other advice is: There are no contracts in place. They should leave now. The 6 weeks agreement came to end and because they did not hand over necessary items such as list and detailed list of their sub-contractors, schedule of project plan, critical path analysis and many more, therefore all were ended and they have no right to be there. I do not which of the above is right. I dont wish to go to court but because we followed the first advice, I suspect they might come back with a claim of money after moving out. Notice of termination gave both sides to hand in claims by 5th of May! I may be digging myself in deeper as I follwoed first advice. I am concerned that based on given date of their moving out, I am being advised as to just sit at home and don't show them any confrontations. Let them move out without anyone being there on my behalf, no recording of what they move out or what state they leave the premises in. With my choice, I may be driven into some long dispute anyway even without the court. Should they claim more money by their collective fabrications (QS, project manager, contractors), then I should work as hard to prove them wrong as if we were at the court. I am not sure if I have been mis-lead in being persuaded not to confront them at this point (not even attend the handover of keys!, and give in to their latest bullying into making me move my car 1 week before date of their moving out!!) It is all based on my "TRUE" legal position here. No sir, even mediators in London charge in £Ks/hour not hundreds - I have now tried it! it is hard to distinguish between a valid formal advice and an invitation to drop in deeper into the mess for a very long time. I must reply to those fellow kind caggers re. building controllers: I have found emails which show that both in writing and verbally the contractors were to appoint a building controller from the outset of the work. They told me they had done so. Apparently you can appoint your own Controller these days. I was told that he would be called in due time when we required! So that takes the option of council's building controllers out. And because no details invoice based on sanctioned certificate (by QS and project manager) have been provided, I do not know if contrators have charged me for such instructions or any other details. hi Steampowered Sorry to trouble again Based on your very informative reply and reading the contract, I wonder what would happen if the 6 weeks LOI ran out. I ask the question because I noted that it said "for duaration of 6 weeks unless it is teminated by us (Qs/controller) earlier or the actual execution of contract" The question would remain as to "what if the normal of course of LOI 6 weeks ran out"? As in fact it did. Then would I still have to give notice via a project manager to ask them to leave? I am afraid LOI does does not cralify that. Hence my getting someone as new project manager, just for the day, to hand in notice of termination. I wonder if that was the right move under circumstances. Now I am worried that, by going down that path, I might have prolonged the case by inviting them in letter of termnation to put in their claims by 5th of May. Have I gone the wrong way? oops??? i would be most grateful for your advice - the worry is just driving me carzy!!!, And I apologise for not being able to concentrate on your advice initially. It would help enormously if I knew whether I am being driven the wrong way or not, and to stop it before making more mess.
  8. I have not!!! I have been struggling first with architects who were 5 months behind, then with this slot. Many emails, letters, searches on internet and attempts to find someone who could advise me have taken their toll. I started badly with very serious problem with my eye site, have been suffering and postponing operation because I have needed my eyes to handle this. Now I am going blind (seriously!) with all that work on papers and on the computer. I have had to plan, to update schedule of work for architects and QS who would'nt do it and were wasting time. I have produced list of electrical 4 times for contractors, also produced list of P&M for them. Points of contention were that each time I corrected the list and sent them, they came back with incorrect amendments, calling it "their confirmation" - which each time they had agreed to!. I have been through this since June!! Now I am not physically capable of much physical work, and the deteriorated eye site does not help. Yes, I do visit the house, swear for a while, and now arranged with my neighbors to collect our mail and take pictures, but that has been the most lately. I didn't want to write these here, but you aksed me seriously. It perhaps was possible at the beginning, but now it is very hard for me to physically get a move on with locksmith, joiner to remove nailed boardings everywhere and police and all that. There is a husband but he is not doing a lot better than I. I know now that I should try harder and do it since it seems that whilst I have been waiting for meeting of 11/4, they have taken action by sending emails with dubious claims and fabricating lists. I am struggling to end this so that I would not have to pay more than I have. I know that I can not get the money lost back, just cut the loss and don't pay more whilst my home remains an empty shell after their demolition of wiring, heating, power, kitchen, bathroom, the whole lot, there are just walls left. Having said these words, it would be very hard for me to come back here as I am not looking for sympathy, just advice. Thank you very much for your advice. I now have found a leter of Intent that my husband signed. In those 2 pages, a lot is stated but still hard for me to exactly know my position when I meet them on Tuesday. I also have received an email from contractors allaging that I have not provided them info and as the result they left, and this and did which are untrue. At some point they claim we do not have a contract which is true, it has remained unsigned. Just recently a copy was sent to us by the QS to sign it. I guess the 6 weeks mentioned in letter of Intent was up! This is because LOI indicates that there was a 6 weeks agreement. The contractors contradict themselves in many ways in that email. Obviously they are experienced in these matters and know what they are doing, but I don't understand the LOI nor points of significance in that email. The meeting of 11/4 is still on, perhaps I should prepare answers, as you suggest, to their allegations, yet it might make matters worse! I certainly could do with just an hour of a lawyer's advice, but as you know it just doesn't work like that, they would ask for a few more £K to read papers, don't they?
  9. Thank you very much for your kind response. The outcome I am seeking is to terminate!! It is to note that the last time they were at the site and we had a meeting was 15th March before they bolted up and disappeared. I have just found the letter of Intent, drawn by QS which sets out some rules and JCT terms ie Clause 5.1, 5.2 etc that I am not sure I understand. And as you say not possible to get hold of anyway. The contract was never signed. The 2 page LOI dated 3/1/17, as far as I understand: - "Authorised to spend upto £50k unless we authorise you for more (do not know if there have been further authorisation) - LOI takes effect from 3/1/17 & shall remain in force until the earlier of: (a) excecution of JCT contract, (b): earlier termination letter by "us" ??(QS, architect or substitude body), ©: date falling 6 weeks after date of this letter". If letter is terminated without JCT contract in place, we will pay you only for the work carried out prior to termination". HOWEVER: After 2.5 weeks of ex-communications and baricades, refusal to provide attendent for short access, the builder has started new activities: - Through QS, send me fabricated tables of inormation which incorrectly claims we did not provide him. Of course, through hundreds of papers/documents that I have, I can prove that they are lying and they had all info required or asked for. - been moving material from the house into their marked van - sent email of a 2 page with more fabrications and false allegations. Clearly fabricated tables and lists are likely evidence of a kind of "team work" with the architect's substitude (supposedly the new controller) who remained employed for 4 weeks, and is now dismissed. She was made confused and mis-led by contractors both technical and administration. - I don't understand the contractor's letter as he seems well experienced in playing this sort of game. - At some point he says that we did not have a contract. - in other area he claims that he gave notice to the controller AND the QS of his intention to halt everything until 3/4/17. Nobody, not even the QS, who still communicates with me, and is the person who forwarded contractors' first batch of fabricated claim, mentioned it to me - while I was screaming that place was bolted up they had disappeared!! So it seems that he is fabricating a story which legally means something. And meanwhile the site remains bolted and I can not even get access to my mailbox! I temporarily appointed a new controller who will be in London on 11/4, and asked the contractors and QS to attend a meeting with him. I suggested we amicably resolved the situation at the meeting on that day. They are playing a game such as "yes we will come", "what is it for?" or today's letter of contractors. I understand from the letter is that they are seeking money - in addition to above, "all work they have done and damages"! so I should be expecting that Other point is that they want £25000.00 now and in advance before resuming work ( if they do so, they say) Of course every sentence contradicts the other ie. They say "contract is terminated"! Above obviously means making preparations for legal action of some sort. And I wonder whilst I am most grateful for your time and trouble, could I upload the letter of intent and their emailed letter of today excluding lists and lists of fabricated items? I am enormously grateful for your support and advice. I really can not afford to go to court, as I have already lost a lot of money to architects and builders who have honestly just carried out most of demolition not all, and claim ! to have done some plumbing (even according to their lies = 10%, @cost of £30k). And going to court means a lot of work on my part to provide info to lawyers which I am not able to do any more than I have done due to problem with my.... I look forward to receiving your thoughts.
  10. have you reeived my uploaded contract? what do you think got your message thank you. Couldn't get rid of personal details sorry. I can't wait to hear your thoughts.
  11. I have the contract in PDF format, how can I upload and send it????? How can i upload my contract to cag?
  12. Thank so much for your advice. I will scan the conteract tomorrow and upload it for you found one ref: " the articles of agreement and contract with contractor's design 2016 issued by the joint contracts tribunal" . I note that Adjudicator's nominators names by Employer or Contractors are left blank. If JCT is mentioned that what am I to do? - in case my scanner does not work! By the way, today I went to my house, they have even barricated me from acess to my mail - it's box is just behind their baricades - All my bills have been sitting there now for more than 2 weeks, is that right? can they do it? All door, windows have now also additional baricades preventing me from breaking windows. Even front door is boarded up ---all without a single word of notice? can it be done? One thing I am certain of is that there no clear mention of exit clauses there. I hope I can scan them for you. Many thanks, I am grateful. soph I tried to speak to the council about it but they ignored me, said talk to Citizen Advice Bureau! Problem is that because there have not been a fight over money, how can they stop work without notice, refuse to provide a man to open the door and due to insurance and H&S regs just keep an eye on me to let me do my measuring , my post et?. Builder refuses to reply to my emails. He sent an indirect message telling me to "get l.." when I requested that! They are not just there. Place has been deserted for more than 2 weeks now!! Besides, now I have to break chains, metal locks, baricades, as well as all "nailed" boarding to entrance door and other blockades in case I go up the ledder and enter through the balcony. Quite honestly I find this very offending too. One strange thing I have noticed on contract - in most areas they mention "approval of architect" !!! but we had to sign as employer and we have been paying 2 certificates approved by either the previous architect or new project manager (as well as the QS) who proved to be working for whom??? I wonder. I have to get that scanner to work before you running out of patience or I myself go any more crazier than I am now. Thank you all
  13. Thank you for your very useful advice. I have read the conteract. Technicall they were suposed to provide list of things within 2 weeks after acceptance of tender - they did not. No Plans, no schedules other than 26 weeks fixed. In addition they should have provided further technical on weekly basis which they did not. No weekly report or schedule. No warranty collaterla for sub-contractots. First problem started when the electrician, against terms of conteract was told by main contractor not to provide a plan,diagram, schedule, and the several quotes they have provided is vague, incomplete, no product Id. So they have made us doing around thissubject for such long time, refusing to allow us resolve it. This is one of the main games, "you do not accept our nearly £60k quote? we will make ou then, We use that as excuse; and similar with other items, to shut down the site as we can not progress further until you agree". There are no termibation clause by them or us within contract. And meanwhile today, they suddenly stated emailing us tio inform they are engaged in a number of other tasks whilst the site remains shut down. So they already have very professionally created false evidence of expenditure. I have no info regarding legal terms of contract other than it is "minor work type"!!
  14. Up to now, our QS, Project Controller and main contractors have been the source. I just found someone up north from Internet. I spoke to him and he said "rubbish"!! "you write to them, say you have H&S helmet & jacket, and you are going in. If they do not unbolt chains and barricades then you should call the police in". Too late, after nearly 10 days! Question remains however as this man can be here with me on 11th April the earliest in the capacity of an advisor and project manager at the meeting. He suggests to cancel tomorrow's get together because we might make mistakes in talking to them and end up in courts and soforth. I really don't want to go to court, don't owe them money, and if one takes a week could figure out that I may have over-paid them as well. I just want to get rid of them, kick them out but do not give them grounds to take all the materials left here that I have been charged for. Also prevent them from falsly claiming that they have ordered/arranged this and that to make me pay more. Contrcat is not signed despite them referring to it at all times, so legally one could call it "Void", "terminated by their actions" or "terminate it by myself"....all these words have implications that I am not familiar with and in choosing one tomorrow might dig myself in deeper trouble. I don't know if anyone is familiar with these terms and approaches to help me go there tomorrow and end it all?
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