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123NeilyB

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  1. Councillor bloke cant do anything so LBC has been drafted. Can you check the below to make sure is okay... More to the point though, can you think of anything else I should be asking them to provide me in the Practice Direction from them? -------------------------------- 123 Some Avenue ATOWN AN1 1NA SIMON SCOUGALL Bellway Homes Ltd Woolsington House International Drive Woolsington NEWCASTLE UPON TYNE NE13 8BF Monday, 20 February 2023 Dear Mr. Scougall, LETTER BEFORE CLAIM Reference: Damage to vehicle on Sheasby Park, Fradley. As it has not been possible to resolve this matter amicably and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct. My vehicle was damaged due to Bellway’s negligence in not repairing a kerbstone. From you I am claiming: - £119.40 Replacement Tyre - £40.00 RAC Call Out Charge - £60.00 * Costs - £159.40 TOTAL (without costs) - £219.40 * TOTAL (with costs) * If settled out of court, £60.00 costs will NOT be claimed. Listed below and enclosed are the documents on which I intend to rely in my claim against Bellway: - Photos of damaged kerb - Copies of invoices from Tyre Place & Rent A Clown - Copy of map from Staffordshire County Council ‘Adopted Roads’ showing that Murphy Street / Violet Walk is maintained by yourselves and has not been handed over to Staffordshire County Council - E-mail between John Enright & myself - Facebook posting that others have suffered damage to their vehicles due to Bellway's negligence In accordance with the Practice Direction on Pre-Action Conduct, I would request that you provide me with copies of the following documents: - Any maintenance logs / work orders for Violet Walk / Murphy Street in relation to this kerbstone I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. I would invite you to put forward any proposals in this regard. In closing, I draw your attention to paragraphs 13 to 16 of the Practice Direction on pre-action conduct under the Civil Procedure Rules which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. I look forward to hearing from you within the next 14 days. Should I not receive a response to my letter within this time frame then court action will be commenced with no further reference to you. Yours faithfully, 123NeilyB Enc.
  2. Cheers Gents. Ill hold off until the councilor bloke comes back and if not ill LBC first, wait to see if they respond to that and then go off down SCT route. Its not the money (i've just put another tyre on the truck because it needed it), its more the fact Bellway are taking the p*ss and have done for a while. The local FB group is awash with issues and people slating them.
  3. Thanks Baz. Final question - If I go down SCT, do I have to do a PAP or LBC (like the parking companies do) or just fill in the MoneyClaim side and wait.
  4. UPDATE. Company MD also says get stuffed... Spoke to insurers > They say its pointless putting a claim through them because of excess etc... But they agree with me that if the kerb hadnt been damaged in the first place the tyre wouldnt have burst... (Bear in miind) i was pulling away from a junction, not driving over it at 30mph - 5mph max at most because of the turn... Meanwhile, local councillor has got involved (via Facebook - he saw the post in the group) and has been sent a copy of what's gone to & come back from Bellway. He thinks he might be able to butter them up a bit... Wait n see... My question to the caggers though is this: - If I go down the Small Claims route (Moneyclaim), I'm pretty sure Bellway will set their solicitors on me. I will self represent like I've always done, but if I lose, can Bellways legal team ask me to pay their costs? - I asked the MoneyClaim team and they said no... But I'm not sure the woman understood what I was going on about... Cheers.
  5. Ello Caggers, Need some advice (again). Cut a long story short... I've burst a tyre on a kerb that was damaged on New Years Eve. It's a new build estate and the roads are still under management by the developer, not the council. Had to call RAC out next day as I couldnt get the wheel off (best part of 22stone and strong and still couldnt move the nuts!) = £40 call out charge by RAC (I'm on their Essentials plan). Once spare was on, go to tyre place, new tyre £110. Went back to estate in daylight and took pics. Kerb is a 'pointed' kerb, not rounded. But is also damaged - can see the damage in the pics. When you actually feel the top of it, its actually sharp, so no wonder it popped the sidewall of the tyre. Just to point out as well, the state of the road itself is terrible. Tarmac just chucked in holes, unfinished kerbs elsewhere... Just a mess. Meanwhile, on New Years Day, put a warning on Facebook Group for the estate - *NINE* other people have burst tyres on this kerb as well > You simply cant see it because of the road layout and no street lights. I asked people if they had contacted the developers, a few had and were told to go away and learn how to drive(!) (NeilyB thinks to himself - Your not fobbing me off... Especially as the kerb is broken). Apparently its been damaged since August 2022 according to other residents on FB. We even have the 'job number' from Bellway about the kerb. Called Bellway Customer Services Tuesday 5th Jan. Explained what had happened to disinterested CS woman. Blah blah, send us an email with pics to head of CS and regional MD. Emailed CSM & regional MD. Got OOO for both for next 48 hours. Waited till 3pm Friday afternoon, rang again - on site, back Monday. Called Monday, after some arguing, eventually got put through to CSM. CSM basically disinterested, says you've drove over the kerb therefore its your fault, blah blah etc. I said yeah, I have... But if the kerb wasnt broken, it wouldnt have burst my tyre! (Bear in mind that you have to stop, and you drive over it when pulling away...) CSM says no, Bellway wont be paying a penny etc etc. I said thank you in not a nice way. Rang Bellway Head Office and spoke to PA of Company MD. She took interest and was very sorry that this had happened and isnt the first time she had heard of problems like this. Tried to put me through to MD, VM. She then comes back after I asked to be transferred to legal team. She gives me MD's email and sent same email i'd sent to CSM & Regional MD. No OOO or response yet from Company MD. Question is.... Do I actually have a leg to stand on? My defence: - Yep, I've driven over the kerb, but in my defence, you physically cant see it because of the road layout is just ridiculous and no street lights. - The kerb that WAS there was a 'pointed' kerb, which was damaged. Physically has chunks out of it because of the amount of people that have hit it. - Bellway have now rushed out and replaced broken kerb, but also replaced with a curved kerb, not pointed... - Bit coincidental they have no rushed and replaced now I have submitted invoices & threatended small claim. Anyhow... I find myself at CAG because i'm pretty sure the company MD is going to say "go away" as well, so i'm quite prepared to go down the small claims route for it. More as a matter of principle than anything else. What do you guys think? We can prove they were negligent in not fixing the kerb since August, and if needed provide the invoices for other peoples tyres along with mine, along with the pics of broken & then fixed kerb. Cheers!
  6. Yup. Some on credit file, some being paid to family... I just thought bugger it, I'll include the full outgoings and throw the kitchen sink in... I've gone through my credit file with a toothcomb and I can't see amex doing any soft let alone hard searches of me on the dates they increased the credit limit(s).
  7. Just come off the phone. Wont put it on hold/payment holiday even whilst there is an open complaint. Wish id never taken it out... All for some Nectar points!!! Apparently a 'manager' will call me back next week to discuss. Next FRP payment is due 7th June... Im seriously thinking about not paying it but they have warned today on phone that it will show as defaulted...
  8. Exactly... I've asked them multiple times to stop... They have reduced the amount from 19% APR to 9.9% APR, so better than nothing... But around £100 per month is just interest, so only about £229 each month is paid off the balance. Honestly, i've felt sick about this multiple times. Yup, hold my hands up... I spent the money... I should have been more careful, and things were 'okay' before Covid... But once my salary was reduced or be made redundant, then things got serious... I've found the Irresponsible Lending templates last night and sat up till 1am writing it all out... Sent this morning to them. Ill see what happens with that. If they refuse ill send to FOS. But that will be months. If FOS dont allow then I will default it. Im going to ask then to put it back onto a Payment Holiday until the complaint is decided...
  9. I did ponder doing this... Didnt really want to trash credit rating though...
  10. Hmmm. Can you point me towards a template then? Already renting... They did talk about it being sent to NCO Europe which I said I didn't want to happen so agreed to their Financial Relief Program...
  11. Greetings DX, Can you give this the once over for me please. A Person Some Road Some Place ZZ1 1ZZ Complaints Department American Express Services Europe Ltd 1 John Street BRIGHTON BN88 1AH Ref: XXXX-XXXXXX-XXXX Wednesday, 26 May 2021 I have had a personal Nectar Credit Card with you since 17th June 2016 and its still active today. The monthly repayments that you are charging me is such a large proportion of my income that I was forced to borrow again. Between the dates of 17/06/2016 and 01/04/2020 my average income was around £2500 a month. As you are aware from my previous correspondence, this changed in April 2020 when I had to take a pay decrease from my employer or face redundancy. This reduced my income to £2085 per month. My monthly expenses totalled around £2200 a month. This is made up of £460 rent, £79 council tax, £114 bills, £356 transport costs, £50 clothes, £150 supermarket shopping & £970 for other debt repayments. All the above are approximate, but worked out between 2016 & 2021. Note that the above values do not include any payment to American Express. Looking at my income and expenses, it’s clear that there is no way I could afford to make the repayments on your credit card. I had to continually use my overdraft with Halifax to ensure that I could pay living expenses for the next month. As a lender you should have realised when you lent to me and from the number of times I had to borrow more that my level of debt was increasing. It was irresponsible of you to lend to me in the first place and to continue to do so. Looking at the original credit application form sent to Amex in 2016, I note that my income was £30,000 per year, which correlates to around £2500 a month. This did not change between 2016 and 2020 and decreased in 2020. However, following further credit limit increases in 2017 & 2018, the situation with my finances was only made worse by credit limit increases from yourself. I shall detail these below. - On 13th January 2017 you offered to increase my credit limit from £4,100 to £6,100. This letter was received. This was made active on 27th February 2017. This letter was received. - On 18th July 2017 you offered to increase my credit limit from £6,100 to £7,900. This letter was not received (I now have a copy of this from a SAR request). This was made active on 1st September 2017. This letter was received. - On 15th January 2018 you offered to increase my credit limit from £7,900 to £11,900. This letter was received. This was made active on 1st March 2018. This letter was not received (I now have a copy of this from a SAR request). - On 7th March 2020 you decreased my credit limit to £15,400. This letter was not received (I now have a copy of this from a SAR request). Note, I have changed address in February 2020 and you were advised of this so unsure why you sent this letter to my old address. Note. I have no records (letters, emails etc) and there is nothing in the SAR request of the Credit Limit on the account being increased from £11,900 to at least £15,400. This concerns me. If you would have checked my credit file, you would have seen that I had other loans and credit cards and a general overview of my financial health. I cannot understand how you thought giving me more credit was okay to do, when the level of borrowing was only increasing and the payment amounts against the account balance was either static or reducing each month. Given all of the above, it’s clear that I should never have been approved for this credit card with an initial limit of £4,100 from the outset as it was clearly unaffordable. By then allowing subsequent credit increases this only further made the situation worse. Please refund all interest and any charges that I have paid to this account, along with an amount of your choosing as goodwill gesture by way of an apology. This refund should include statutory interest. Kind regards, Someone Sent electronically.
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