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Mondaynottuesday

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  1. Ok, they've decided to defend all of the claim. Before I send the full particulars, can you just confirm the differences between the cert of service in the top question vs. N215 below? Where is the top one if different and where do I send it as I can't see anything within the online portal. Q. If I check that box, when do I send detailed POC? A. You must send the full POC within 14 days of the claim having been served. You send it to the defendant directly. You must then file a certificate of service with the court within a further 14 days. Q. Doesn’t the court get a copy? Send a copy of the full POC to the court once a defence has been filed and the case has been transferred to your local court. Then send it to your local court.You must also file a N215 Certificate of Service within 14 days of the claim being issued.
  2. Shame I wasn't fully aware of that and maybe the case, however the court fees have already been paid and claim amount entered within the claim form submitted. I read the link but it seems to imply incurred costs due to the inconvenience of not having a car. I have covered this with the heating costs along with the additional decorating costs. These are the only physical costs incurred (decorating still to be confirmed), so to the point of being skilled then yes if I had you representing me then absolutely I would request damages sort for the situation they created but alas we'll go with what we have as we shouldn't be out of pocket at least. As you say, we have never tried to use this as a money grab, far from it, we just wanted to move on with minimal fuss. I'll note it for the next time although I hope there isn't one, not a pleasant experience for anyone to have to go through.
  3. No, not from here, from the solicitor we engaged initially, they basically said we could only recover costs incurred. Quote "You will not be able to claim for undue tress and personal time checking each window above. If you had to take time off work due tot he issues, we may be able to claim for this but we would need specific evidence." Does this cover inconvenience, I'm sure it does in some part at least and hence we always sought to recover costs.
  4. Morning BF No, we were told we couldn't claim for inconvenience unless you can prove taking time off from work, but nothing for stress, additional personal time trying to address the issues and so on. This has always been about terminating the contract and getting our deposit back, covering additional redecorating and heating cost caused by their incompetence. l'm sorry you feel otherwise, it comes across as if we are wasting your time which I can assure you we are not. We have come this far because of you, personal circumstances and work commitments could not allow for it to be done any quicker, believe me I wish it could've. I hope your view has not soured the intention to help, I'll be submitting the particulars of claim today. If you feel you've exhausted your support, I understand we are all very busy people. You have guided us this far, I have read many pages to understand the process and feel prepared for next steps. I will post back updates, please do not feel obliged to respond.
  5. Thanks BF, I am reading up as I go along just coming back for clarity questions to make sure I understood. Most is obvious but you do uncover conflicting or differing information which just needs confirming. As for the inconvenience figure, no I'm not asking for anything in addition to the actual costs we have or will incur due to their incompetence. The figure you see in the claim is all I want, I'd be happy with just the deposit back to be honest just so we can move on with someone else. I'll continue reading, come back here for more advice for sure.
  6. Excellent, and will do even though they are aware and we have no obligations with them unless Everest decline any attempt to pay outstanding balance, which they cannot. All they would be able to do is remove the discount applied due to taking that option. Once posted, I assume it's an initial waiting game to see their response and if they wish to defend, counter then a court date would be set automatically. This is my understanding. Really appreciate your help thus far, however this turns out.
  7. Understand and thanks, do you think the shortened version is good to go or still some work?
  8. I was calling out the specific CRA Chapter / Sections their breach applied to. So no nothing calls it out specifically, only alludes these areas. You deleted it, I assume as it was not required hence my concern someone may turn round and say "what breach am I calling out here"
  9. Hello BF, how's this shortened version as per your guidance. Could you also answer the above question please, just for my own sanity. Everest_Claim_Detail (Short BF).pdf
  10. No problem, I'll be sure to stick to PDF in the future. Question from previous... You deleted the type of breach I'm seeking, does this not need to be called out at all or is it obvious to all involved?
  11. Thanks BF I agree. I wasn't sure if the detail upfront would help them decide not to pursue but I'm sure it would not make any difference. Their argument will be the fact they have not been given the opportunity to rectify the situation, so I'm kind of thinking detail shouldn't matter. But yes, wanted you to view the full facts and cast opinion. If I knew you would have been ok with Word, I would have sent the source file so apologies, appreciate you taking the time to convert and amend. Question though, you deleted the type of breach I'm seeking, does this not need to be called out at all or is it obvious to all involved? The rest looks good, although I removed the interest option for ease so I'll leave that off.
  12. Hello BF, here's the full list that I know you will shout at me for but would like guidance on what isn't required and any missing detail. If you prefer smaller chunks let me know, again your help, guidance is most welcome.Everest_Claim_Detail_Final (Edit).pdf
  13. Thanks BF, yeah sorry for the delay it's been a continuation of a very bad year for us. To bring you up to speed, yes we have submitted the claim and have 13 remaining days to send the detailed particulars which I have already drafted. Very long and far too many points currently but everything is down on paper ready for a tidy up. I'm working this currently and if ok will post in chunks for your comments. I believe I've covered the breach and costs claimed but again, any comments most welcome. new site looks great, so much better.
  14. Dear BF, the time has come to raise the claim, I apologize for not returning sooner as we've had other personal matters to deal with. I have sent the letter before claim giving 14 days, extended by a further 7 days due to an error myside. Needless to say, I get a response post allocated time which dismisses any claim on my part of course. Over the past few weeks, I have drawn up all the particulars of the claim, it's along list so how would you prefer I post for your insight and guidance? In the meantime here's the money claim particulars coming in below 850 characters, your thoughts most welcome on suitability. Please note I'm not after the interest as it's negligible.
  15. Thank you BF, this is all very appreciated you have no idea, actually you probably do. I will start building this weekend along with homework on cc process and so on and post back accordingly.
  16. Thank you BF, this is most helpful indeed. I will correct the above accordingly and post as I go along. Just to be clear, I have given them 14 days to return monies, at what point do I start the above. I start working it now but raise the claim only after the 14 days correct?
  17. Interesting, never thought of that! We did have a response just now saying they are working the list, order some more parts, awaiting some clarifications on other points before sending back to myself. I responded with they had ample time to respond and request more time instead of promising it next day.
  18. Thanks BF, familiar somewhat but will start to prepare, yes fully aware I will need to attend and present my case. Aware of the risk, I'm sure they have many tricks up their sleeves but we have no choice, we have tried they just don't care. What is the purpose of the SAR in this case? PS. Spoke to the finance company, nothing has started and can be cancelled by Everest at any stage freeing us from any liabilities with them apparently. Sure it's not that simple, but they are aware of the situation.
  19. We'll see, but yes I intend to post and inform I just need to be a little careful at this stage. Have a good evening, I'm sure we'll be in touch.
  20. Thank you, I will email tonight and post in the morning. I have no intentions to back down now, they are a disgrace and I have no intentions letting them anywhere near my property again. Seriously, look at the latest trustpilot reviews coming in, how can they be allowed to get away with this. Admittedly, I would not believe the TP reviews if I wasn't in the same position. I just hope they get treated the same way in their personal lives. As for names, all you need to know is customer relations team, installation managers, legal executives and installation centre managers are all as bad as each other. The fact the CEO is not caring to respond pretty much sums up this company. Thanks again for the support
  21. Ah yes, forgot the finance part, I'll add and repost. Not sure about FENSA, if I were to mention one of the accreditation affiliates it would be GGF or TGAS however although we spoke to them nothing was formally raised, does this matter? Names, I'm consciously leaving them off when posting online as I don't want them to accuse me of GDPR breaches, they will be included in the final email. Should I send both email and hard copy versions? Everest 31_01_01.pdf
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