leerob695
-
Posts
164 -
Joined
-
Last visited
Content Type
Profiles
Forums
Post article
CAGMag
Blogs
Keywords
Posts posted by leerob695
-
-
Just checked online and it shows this
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
What is the DQ and do i presume by sending this they have ignored the CPR 38 .7 PD a) b). Part
or is this normal
Thanks in advance
-
Thank you Andy I really appreciate that I will keep you posted
-
-
Thanks Andy really appreciate it
-
Andy Have you had chance to have a look at it
sorry to bother you but im conceious time is against me
thanks
-
Thank you
something else i have noticed as well was that the discontnued claim was in joint names (The agrrement is signed in Both mine and my wifes names) on this new claim im the only one mentioned
hope thats relavent
-
what does that mean Andy?
-
So thats why im here for a little help
-
Well thats really thrown me
im not denying i entered into an agreement with them
im saying they havnt kept up their end of the contract by suppling and fitting and maintaining a AAA grade combi boiler as instalation still hasnt been completed
-
Bottom line is I signed a contract for a fully working and serviced boiler and they have not even finished fitting it properly all they have done is ignored my complaint and tried to take me to court and when they discontinued that sent me a bill for the full amount and threatened to remove it
-
I have looked at other posts
-
-
"On the 22 11 2013 we Agreed to have a boiler fitter by Everlasting
boilers A Shade Greener Boilers LLP and the boiler was Partialy
fitted on 5 12 2013
On the day of the incomplete instalation it was very windy and
because of this drilling for the flue vent was carried out from
the inside of the property instead of the outside causing
everything to be covered in a thick layer of red brick dust
Also because of the severe winds a weather seal was not fitted to
the outside high in the eaves of the property due to health and
safty and the fitters refusing to go up in the high winds this
seal should be fitted per gas safe regulations and boiler fitting
reccomendations I was told to get in touch with the office the
next day 6th Dec to which i did and on the 9th December the
office people were very apologetic about all the brick dust
covering my personal items in the loft One of which was a box
containing a wedding dress and they promised that somebody would
come and fit the weather seal on the flue and finish the install
and clean the mess up and that somebody from the office would
contact me and arrange to do the work at a time that suited me
On the 13th December I had to get in touch again because nobody
had called as promised
on the 16th December i finally got a reply and was told somebody
would be in touch to which my reply was that if nobody was in
touch that day i would post the photos of the incomplete install
and the mess with the brick dust to the facebook page that they
use to advertise the boilers with me saying this they arranged for
a chap to pop and sort it out on his way home from work as he
lived quite local to me
The fitter arrived at approx 1930 at and apologised for his
lateness which was not a problem to me as it mean the boiler
install would be finished The fitter was not in his own van and
apologised because he only
had the bottom half of a vacuum cleaner which meant that he
couldnt clear the brick dust up
He also sad he couldnt go up the ladders to fit the weather seal
on the flue because it was pitch black so the visit was a waste of
time he said he would pop back in next few days to sort it
out he never came
in January we had problems with the boiler and i was told i had a
24 hour call out I rang and they had no details of me or my boiler
they promised to call me back and sort it out They never did!
I then had a phone call several weeks ago asking for direct debit
details for payments and i said i wouldnt be giving any details
until the intstalation was completed as per the financial
agreement we signed payments to start when instalation is
completed to which the lady said that she would pass it on to the
relevant team I said that if it is not sorted soon i would seek
legal advice it is obvious my details were not passed as the work
still has not been finished
we now have problems with the system losing pressure which should
also be covered under the agreement we entered into
A chap ran me up from a debt collection agency and said i needed
to pay for the boiler Or Else to which my reply again was that
the work was not completed and only when it was completed would i
give any details so he said he would take me to court trying to be
intimidating with his telephone manner
I am very willing for an independent engineer to come inspect this
incomplete boiler fitting and report on it
Also It will be my intention to speak to the Gas safe organisation
regarding this semi install
Only when is the instalation completed will i be willing to pay
for the boiler in condition with the finance agreement that was
signed
After the court summons i was sent a letter asking me to ring them
as it is due a service but no mention of completing the install
like i have been promised on several occasions
A shade greener have quite conviniently forgotton about me and
this incompleted boiler fitting but they are aware of my
complaints and I have Messaged to prove that they are aware of it
Perhaps if they had sorted the problem out in the first place it
would not come to this and i would have been happy with everything
the work that needs doing wouldnt take a qualified gas safe
engineer very long to do but they seem very unwilling to do it
I do Not appreciate such heavy handed practices by this company
and had i known how this company would act i would not have
entered into an agreement with them
I have copies of the finance agreement stating payment terms and
copies of all messages sent regarding this matter and also have
pictures of the work I would also like to know what the Home visit
charges totaling 210 are for when there have been no extra
visits by any technicians other than the lad coming out without a
hoover and refusing not to go up the ladders
I cannot arrange for another company to carry out this work as
this would be going against the agreement with Everlasting boilers
as any work on the boiler should be carried out by them
I have never been unwilling to pay for this boiler as per the
agreement I have simply said that i will only pay for it WHEN the
fitting is finished as per the agreement we signed and this is
still the case
I would be willing to pay for it but only when it is COMPLETE
Just like i signed up for
I ask for nothing more and nothing less
Since the previous claim which was number A2QZ464E (26/09/14) was discontinued on 31/10/14 i have had several letters demanding full payment and people have been round to come remove the boiler
how can this come back to court when it has been discontinued without first seeking permision from a judge"
The above is my defence
is that OK
-
I get the feeling feeling you have no intention of helping as I've had nothing useful from you yet
All I am looking for is a small paragraph to insert to bring it to the attention of the courts that will bring it to their attention that it is a discontinued claim is that so difficult?
Perhaps somebody who is willing to help will reply
-
Im just after how to word the part in relation to bring in it to the attention of the court that the have tried to claim before
No need to post my defence on here from last time as I feel it will only get pulled to bits when it worked last time
I'm just after a little bit of help with the wording for the last bit about it being discontinued that's all
-
Im using the same defence as last time
I just need to know how to word it to highlight the court to the fact it is a discontinued claim please
-
OK my defence is done
can i have help wording the part which i bring to their notice about it being a past continued case please
-
but this shouldnt even be going to court as it has been discontinued once before so i thought that the only line of defence i needed would be to bring this to the courts attention
I cannot see how it is fair that the "defence" that i put up would lose me the case YET they havnt asked permision from a judge to take me there again
How is that right?
-
Thanks Andy appreciated
I put a draft up of my defence a few posts up more or less mentioning about the matter being discontinued in the past but was told not to submit it
again thanks for your help
-
Is there any chance of any advice on how to word my defence if what I have written is no good please
rather get in in and then its done
Anyone please?
-
I have only just today filled online Acknowledgment of service today
-
This Company has already attempted to claim off myself in 2014 and
then discontinued it
The Previous Claim number was in my name Mr ^&%$£$££ and My
Wife Mrs &^&^%&%^ the claim Number was A2QZ464E I
submitted my defence for this claim on 27th October 2014 and i
received a copy of the notice of discontinuance on 7-11-2014
the Reference number A shade greener use is the same on Both
Claims "ROBI0244" As I understand the claimant "A shade Greener"
has not sought permission pursuant to CPR 38 .7 (a)to re-open this
claim
My original Defence from the discontinued claim (A2Q2464E) stands
and to add to that defence since the claim had been discontinued
in 2014 i have received numerous menacing letters asking for full
payment and a doorstep visit asking for payment
HOw does that sound for my defence please is that acceptable
-
So does that mean that they are alolwed to send another claim
-
Thanks i will sort that out when i get back from work later
Appreciate the advice
There you go managed to do it before i went
Thanks in advance
Everlasting Boilers Claimform - ***Claim Struck Out ***Now a 3rd and 4th Claim
in General Legal Issues
Posted
So I take it that it is going to court now even though they havnt sought permission to go back to court in first place then