I really want this to go to court as ive previously said

They were offered to put it right in mediation but they refused

I then got gas safe to come out for the report and found it is not to standard so obviously im even unhappier than before

My point is do i let them do the work while there is impending court action?

Because if i do and then they decide to go to court after they have fixed the issues with gas safe (This is the problem as i see it now they are tying to keep Gas safe happy NOT me the customer) I then have to find nearly £5000 instead of paying the Monthy agreed AFFORDABLE instalments and on top of that i have a CCJ as well

Or am i within my right to say if you stop the court action you can fix it on the condition that the original deal stands?

The Payments state £45.69 followed by 144 payments of £47.27

I will have access to a scanner at weekend so will upload it then

Thanks for helping

The payments didnt start until the job was finished is correct but dont forget that built into these monthly payments were servicing and callouts for 14 years

They are trying to take me to court for the cost of the boiler the Maintenance side of things is not included

It is only now i have had gas safe involved that they have been interested in putting there wrongs right

Its not as simple as just paying X for a boiler it was a maintenance contract as well so other costs would of been built in

They were offered in mediation to come put it right and then start taling money from me for the original contract BUT they refused and they wanted the full amount for the boiler and wouldnt honour the original contract if X per month including servicing and Maintenance call outs etc

The Stayed order came from my local court

My Dilema is that the findings on the gas safe report was my evidence to the court of my defence

IF i let them carry out the work then this will change my defence this then leaves me wide open to the current claim to which i will then have no defence if that makes sense

I was wondering why they are writing to me direct

Here we go again.....

On 14th September I received the stayed claim pending application under CPR 38.7 to which irve still heard nothing from the court

I have looked online on the money claim website and it still only says that it was transfered to my local court on 17/8/16

Today I've received a letter from everlasting boilers asking for me to get 3 quotations for works to be carried out to to put this boiler to current standards

after they have received the report from Gas safe (the report said they had until the 23/9/16 to put it right .....today is the 26/10/16)

I have told them on the phone while ever there is after pending court action I will not allow them to carry out any works to put it all right (I tried to sort out with mediation but they refused at that time expecting to win in court)

What do I do now because we seem to be on a roundabout

How long to they have to put this CPR 38.7 claim in Is there anything I can do to have this put to bed and for all

Thanks again in advance

UPDATE

I had Gas safe come out last week for an inspection on the Boiler fitting and although it came up with only 2 "defects" it is enough to show that the boiler fitting hasnt been finished

Also a couple of things that showed up such as A shade greener supplying me with a certificate for "Buldings regulations Compliance"

when the work carried out is not been done to the relavant standard regarding boarding loft light etc

so I was quite happy looking forward to my day in court

Today I have had a letter from my local county court stating that

IT IS ORDERED THAT

1. Claim is stayed pending an aplication under CPR 38.7

2 This order is made by the court of its own Initiative without hearing the parties or givin gthem an opportunity to make representations.

Any Party Affected by this order may apply to have it set asside, Varied or Stayed within 7 days of service uon them of this order

Dated 5th Spetember 2016

Is that an end to it now or is it just the start yet again?

Thanks In advance

Update

After having the mediation phone call it is now being transfered over to my local court

as above the woman on the phone says they are OK to put new claim in because a judge didnt strike it out so appreciate your comment

They have offered to come and put some floorboarding around the boiler in my loft and put a fixed light in

(This should of been done before the boiler went in my loft to conform with regulations)

By them saying this to me they are admitting its not finished

I Said i would prefer to get a full Gas safe report on the boiler before they came and undertook any further work so that the boiler will have all works to a conforming standard and then to get it checked once finished

The reason i asked this is because they have already done shoddy none conforming work and told me all is ok ...............They refused

Off to court we go

How do i bring to the courts notice the CPR 38.7?

Thank Andy for all your help

Well just had the mediation phonecall

the woman doing the mediating says because they dicontinued the last case (a judge didnt strike it out ) they can issue a new claim anytime they like

told them i want an independant gas safe engineer to look at it before they lay a finger on the problems but seems they just want to keep in in house !

Just had an email from the mediation team

They are phoning me next month for a session

I really want this to go to court and to bring up the fact that they havnt applied to a judge to go back to court for same thing and say my piece so to speak

It's taking ages

Thanks for the replies I wasnt notified of any of them by my email as usual happens so my apologies for not saying thank you sooner

The boiler itself was one of these deals where I pay a set about every month and it is also covered for service etc (these also havnt been done) the term was 10 years

The boiler works in a fashion

Keep getting error codes every now and again and it is losing pressure

They have not finished fitting the boiler still as the flue requires fitting correctly and flue cover fitting (I intend to have a report done by a qualified gas installer to say that by his proffesional opinion the boiler instalation has not been completed

Since having it fitted in my loft I have been told it is against regulations as well as I dont have a fitted light OR a boarded area around the boiler to enable access and Maintanence work

Yes the lads left loads of mess in the loft as well

No the Snags have still not been fixed

They have been aware of the problems from the evening the boiler was fitted I have a copy of the reply they sent me saying "Good morning Lee, I sincerely apologise for the mess caused, it is unacceptable. I will chase the situation up and get someone to ring you ASAP to sort this out. (MC)"

the faults and the mess were never sorted out

The contract was once the boiler had been completed i would pay......the install has not been completed and i have numerous faults still

Since the last case was discontinued by them i have had letters telling me they are coming to remove the boiler and people knock on my door for the full amount of the boiler

I just want this putting to bed once and for all as im sick to death of it and its starting to make me feel ill with worry

i dont understand the legal system and no cases seem similar

Again thanks all for your help

Perhaps leerob is referring to the initial (discontinued) claim, not the current claim.

 

 

 

Either way, as per your previous excellent advice, Andy, he should defend the current claim fully, as well as pointing out that this new claim was re-started without permission of the court. Hopefully the court will catch up and react to the permission issue, but no harm in defending fully until that happens.

 

 

 

BTW, Andy, you must have the patience of a saint. Post 58, 17th May 16 slags you off, yet here you are still helping the OP.

 

 

 

 

 

leerob:

 

 

 

Andy is helping you, but isn't your personal unpaid solicitor. You have to help yourself, and don't expect to be spoonfed everything, nor get immediate attention every time you post.

Never slagged anybody down Bazza

I appreciate the help Andy has offered me on this

I have never been expected to be spoon fed any information as you put it

I have used the search function but there is nothing similar happened from what I can see

So please bazza refrain from trying to troll me and make out I'm some kind of bad guy here

This claim is a claim that has previously been discontinued under the guise of another claim number

As I've stated before

HOW has it got to this stage with another claim number when the other was Discontinued

Ie no permission from a judge given

I appreciate that Andy BUT

As we have already said the claim is a discontinued claim so i cannot find answer anywhere to is WHY this has been allowed to go to a court WITHOUT them going to a judge (Which you have said is normally the law)

WHY I had to filll a DQ out and send a copy to THEM and the court which i did but they didnt send me one

you helped me with my defence and said that i would be able to use my original witness statement but all i am trying to find out is when i get to have my say before this company who are sneaking around legalities bends me over a barrel

so far the court hasnt even seen it is a discontinued claim WHEN will this happen?

These are the answers i cannot find in your self help forum so by me asking the questions im hoping someone else has had similar problems

Is that wrong?

just had this pop up online

DQ filed by claimant on 09/07/2016 so now what happens?

I have just received this in the post

Is this because they didnt send the directions questionare?

It says on my online portal that a General sanctions order was made on 25/06/2016

thanks in Advance

Even though it says on the questionaire i Received that i had to file by the 13th and they did it on the 18th ? i thought it might default as a judgment as they will see it as late

Thank you

this is getting beyond a joke now its gone from being super quick to super slow

the DQ says it should be filed with the court office by June 13th to which it was sent in plenty of time ( sent June 9th)

Ive just looked online and it says that i filed it on 18th July

so i presume that the court will just put a judgment in on the claimants favour because THEY didnt do their job on time

Im getting really stressed about this now

what will happen?

Thanks in Advance

should i not of had a copy of the claimants Dq sent to me by them?

Right We have passed the date (13th ) of which I had to send the form to the claimant and the court office

Ive not recieved anything from them but they will have received mine

What happens now?

Thanks Andy

I cannot see an address anywhere to send the other parties a copy of this Directions Questionare is it the address on the claim form?

Thanks

I dont have a solicitor as I can't afford one

I can't believe it has got this far concidering it has previously been discontinued and they havnt asked permission to try again suppose it just shows no one really takes notice of defence forms

Received a form today entitled

Notice of proposed Allocation to the small claims track

Take notice that

1 This is now a Defended Claim

The defendant has filed a defence (then says a copy of which is enclosed has been crosse dout)

2 It appears this case is suitable for the allocations to the small claims track

if you believe that this track is not the appropiate track for the claim you must complete box C1 on the small claims direction questionnaire (Form N180) and explain why

3 you must by 13 june 2016 complete the small claims directions questionairre (form N180) and file it with the court office and serve copies on other parties

then i have enclosed ther N180 directions questionnaire

and inside that i have a form

"would you like to settle your case without going to a court hearing"

What do I do now Andy please

again really appreciate your help on this matter

Your defence was submitted on 23/05/2016 at 17:29:56

 

 

Your defence was received on 24/05/2016 at 08:01:50

 

 

DQ sent to you on 25/05/2016

 

As per above all in 3 days...the claimant usually has to wait a week to get a copy of the defence...then has 33 days to decide if they wish to to proceed to allocation stage (DQ)

 

So according to the above all done in 3 days.

 

Do you not agree thats fast?

 

The court will see your defence once you get a trial date...probably the same morning as the trial date.Unless they discontinue again

Yes pretty quick

Was all done online my end so perhaps that's why

They did similar thing last time after I posted my defence

Then it got discontinued

So why would you say such a fast turnaround?

Should I be doing anything in meantime while waiting?

At what point will a court officer start looking at my defence

Quite worried as I don't have £4000 if they win