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Everything posted by MOSS 41

  1. Problem is I won’t know until AJ gates and motors attend , how much I will be out of pocket , they said it might be half a day, or we have do more work , quote and come back to see if we can get working make parts etc. They can’t attend until end nov/dec I would rather AJ gates and motors started again with a proper product , which is why I’ve rejected all the goods and asked for a refund because all repairs failed , going down the avenue against the retailer gate motors under third party rights aswell I wanted to counter claim for whole refund , as not fit for purpose , and faulty plus damages being losses , incurred by others which was impossible to install, can I not do this ? I just want all my money back and throw in bin or return so We can start again I agree the defence , now I understand the sever ability etc , can be short and to the point all off the shelf materials bought by him from gate motors , come to about £1300 I can print off and calculate exactly - he has already made a very healthy £1000 on supplying the products so far - surely he also has to prove his loss , and currently he hasn’t suffered any ?
  2. He quoted a figure for gates – including materials et cetera – what was that figure? £3265 You have paid a certain amount of money – how much should you pay him? £2265 You have suffered additional losses – how much are they? £600 electrician £250 parts £130 damaged gates The gates are still not working – correct? no, getting a new motor sent and will get specialist co in AJ Gates =more money How much more money will it take to put the gates into a position that they should have been if the original contract and proceeded satisfactorily. AJ gates are quoting half a day at £102 first hour, and £73 subsequent hours Have you had any independent assessments or quotations for completing the work? an estimate quote of half day AJ Gates Have you had any independent assessments of the quality of the work which has been done by KR? no, he didnt install, nothing to check really, as all parts supplied pre made, Howard & Davis identified broken circuit and sensors, incorrect position of sensors too, AJ gates after video identified incorrect positioning of articulated arms
  3. are we saying if its not a several contract at £3165 and hes calling the 2265 paid a 'deposit' not materials then 80% of the work would equate to £2532 so his actual claim would be £267 if he prove he did 80% of the work? which he didnt although he is claiming 80% of his labour charge on the invoice as if it is a severable contract how i read it. is that : The term severable is used to describe a contract that can be divided and apportioned into two or more parts that are not necessarily dependent upon each other. but labour is dependent on the provision of materials - so not severable and consideration was displayed as one amount on the bottom of the invoice so not severable ie he cant claim 80% on labour element as if it is severable
  4. i agree the contract etc needed to be clearer and in writing, unfortunately my husband dealt with it all i said its wrong to employ someone who charges £100 to quote, and when he asked for materials up front i told my husband not to do it -im out cant be reputable company who needs money up front or no credit account we are in another trade, heating and plumbing , never asked for customers for money up front, dont run credit accounts, just comes from our bank until job finished he said ill take all the blame if it goes wrong! i obviously knew in my bones this was all going to go wrong with this man i didnt like him at all im tryin to get my head around the severability element, at the moment im bitter, he took all our money, we spent alot more and no working gates and he has the nerve to ask for more, for work others ultimately did
  5. attached is the off the shelf kit he supplied note we never got safety sensors, that safety flashing light thing either or gate stops he quoted for etc comes all ready assembled as described so the installation part is the wiring, connections, set up of parameters, controls etc none of which he did - we have a picture just wires poking out near circuit board, dated 25/05/2021 we took for howard & Davis electrical installers, to show them no installation/wiring was done- what circuit looked like again all other wires just poking out of ground around the gate area as ultimate proof no installation was done, they (two men ) after wiring and connecting this circuit board and all other parts for the day on 25/05/2021 found it absolutely dead and broken - along with sensors which had snapped parts, so broken , we bought a new circuit and sensors 26/05/2021, with the emergency missing stops for £250 they could do not any installation without it-nobody could they returned for a second day (once parts received) and after installing and wiring everything, fault code FC wouldnt shift (took photo for technical help) turns out photocells (fc fault code) constantly engaged because where Randle had placed them was 2cm from gate (so reading it as an obstruction) against instruction manual which showed must be 15 cm away- new guys had to move hardware 15 cm away, leaving damage on gate posts and new rewiring to new area and board. another days work day three managed to get rid of fault codes, but gates still wouldnt work, namely right motor, again hours to technical same day 4 , they tried everything to set up and get working- they couldnt do anymore and system just faulty we paid £600 got another company in for the day (free as a favour from friend, evidence of visit retained) called wingate spent whole day- confirmed wired correctly so nothing Howard & Davis had done, confirmed must be broken went back to manufacturers stating consumer rights, repair or replace-loads of correspondance about system faults they identifed themselves as broken too they asked for motor to be returned for repairing 'out of goodwill' seriously put of pocket here, no gates at all- been a nightmare all because of this man paid 2265 for broken system £250 for new circuit board, sensors, emergency stops £20 for gate stops £600 for electricians to attempt to install, futile as broken system metal gate posts damages by incorrect placement of sensors by randle ebay ones 65 each so £130 quote by AJ gates to help fix once get a new motor half a day at 85 plus vat first hour and 65 plus vat all others Total costs so far £3265 for no working gates and need to spend another £300-400 to try an get them to work Proteco Kit Advantage Articulated Double Gate Kit _ Gate Motors UK.pdf
  6. As I see it he makes a claim for 80% of work - he has to prove he did 80 % of work I have proof - another company Howard & Davis did installation over 4 days for £600 ultimately failed as parts missing , broken - replaced these parts (have invoices) then another company spent one day called wingate - confirmed all wiring correct , something still faulty (this was for free but have evidence of the visit) now quote from aj gates and motors specialist company for half a days work to help us (not yet booked in ) as motor with manufacturer as broken - always been broken so I don’t see how he can say he did 80 % of work nor claim for it - when he said it’s 20-32 hour estimate and others have done many more days and he did effectively two half days - parts broken and missing so couldnt possibly install at all - in fact when he left , just wires poking out of ground etc and have photos
  7. Hi- materials , we’re not from a trade supplier , they were a website for general public to purchase off the shelf , we said we happy to purchase when talking on phone, if he tells us what to buy - but he said no, transfer money and I will do it since found out from website and ringing gate motors , he paid on his credit card and about items cost £1000 less that he said they were we should have checked website before we let him order for instance our materials , in our work, are from a supplier , that general public doesn’t have access to at our rates etc we have savings in cash , drawn from company and declared in books , we keep in safe for all house work , we pay all trades and get receipts and put though books , we had driveway , bifolds etc - paid cash but all receipts done and declared - I have profits to bring down even, we asked him would we get reciept to put through books - we need to declare it as an expense , so no dodge from our angle , bad weather delayed start, not a problem , no recollection of bad weather on the Monday, that’s why I asked where he was when he was a no show on the Monday , to be told it’s because Parts missing - wasn’t a weather issue
  8. Yes , and asked for extra two weeks so have until 8 nov to do defence and counterclaim
  9. No but Can it be emailed though, as has people’s phone numbers etc on and will take me a bit of time to put together
  10. I can - it will be a quite a fiddle as have to get off husbands phone, WhatsApp etc , ones he has screenshot to me then screenshot transfer to docs etc is that not yet necessary until - witness st , evidence stage ?
  11. is this better? attached in tabular form i can adjust if required claim response in tabular form.docx
  12. Yes hospitalised with COVID - 15 sept - couldn’t get him off oxygen, and sats dropped last week - I won’t hang around , I’ll get sorted ,
  13. Grandfather died through the night - not unexpected - will have a go in a couple of days
  14. What do our mean by tabular form I answered the questions directly next to them I’m not a mind reader to a special way - you asked I answered
  15. sent the email ones and ive responded to claim online, ticked box, now have til 8 november to respond
  16. Sorry not suing as a company just individual , I did send emails from him to admin as suggested asked - can you not find ?
  17. Ok - I’ll just do an acknowledgment help on setting them out better will be greatly appreciated
  18. Not trying to protect anyone - thats my problem with forms , I say too much , and need to condense down , which is where I need the help - to make it simpler - bullet point answers , but it’s hard to respond to his points which aren’t clear either- I would like to send defence and counter claim now rather than hold off , as I am determined now to get all our money back , so want to get the counter claim started ASAP if possible and get the ball rolling This was a personal Installation at home address - not through any company , just as a consumer
  19. this was my draft defence and reasons for counter claim as required on form Ok? to tidy up and send want to get off my desk as am going through a family death, and funeral stuff soon defence randle-redacted.docx reasons for cournter claim redacted.docx
  20. claim no accurate or detailed timeline link to invoice doesnt work, but anyways he didnt complete 90% of work he did six hours before walking off saying gets someone else, confirmed by himself i claim. his statement 1) quoted work, customer agreed and paid deposit, came across some problems with unusual gate opening size and customer didnt want underground motors, we searched and searched and kept customer informed, we kept to our agreed price, although many more hours spent on this job got guy from checkatrade had to pay £100 just for a site visit and to obtain quote (texts retained)- first red flag, never had to pay for someone to win a job before. we chased for quote 9 april 2021 £came to £3165, £2165 materails plus £1000 labour (texts retained ), it came through , we said too high and didnt agree (texts retained), all motor stuff types etc irrelevant and discussed before getting this quote on 9th April 2021, no hours spent on quote and cost us £100!!! we didnt pay a deposit he made us pay £2265 for quote materials, even against terms on his 'later provided' invoice ( large jobs require deposit of £1000) 2)works started and started well, 2 full days with two men, chased drive out and layed all cables, attached arms and motors in place, rain fell heavily on third day, so had to postpone have text on day he was supposed to start wednesday 28april 2021, saying its raining ill try tomorrow afternoon, he turned up on his own for two hours that thurs afternoon and titvated, nothing really done at all. Came back next morning friday 30/04/2021 with his brother, at 10am late, left at 1.30pm as 'it was friday he said' in that time two brackets on wall and three cables in floor laid loose , in channel, no wiring, no connections, no installation nothing. chased him on monday 3/05/2021, where are you- 'oh i have parts missing, ill try and get back when they turn up. no show or parts for a couple of weeks. 3)moved jobs about causing a headache to get job done ASAP so? you started and walked off giving misinformation and lies, never came back 4)client demanded vat reciepts from my suppliers so he can claim back , i said its in my name and business so not possible, now im being accused of hiding stuff eg cost etc, either way he excepted my quote, so really not sure why this was an issue, as he had every chance to seek other quotes, he knew every part i used as i kept him informed as he was constantly asking we have text message dated 5/04/2021 before quote and any visits, we would require reciepts for vat as he was to charge us cost plus £1000 labour- he was well aware it was a requirement, he was hiding what was paid, gate motors confirmed he charged us way more and paid a much lesser amount on his credit card seek other quotes after we paid him £100 for quote? he wouldnt provide those pre agreed in writing reciepts 5)due to the above we fell out , i was also having personal issues and i said find someone else yes have text 'have those few hours for free and find someone else, im never coming back 6)soon after 1-2 days i asked for a reasonable part payment for works carried out, he said i havent fulfilled my contract, so i agreed to come back and he accepted, but as my date given was a few weeks away, he refused and said they dont feel confident in having me back, yet no other reason, no issues brought up along the way, and no real reason apart from they wanted to try and get done quicker or have current works done free, as he said he was going to do it himslef before i contracted him , so i suspect as i had done most of it dean could finish the easy bit and avid paying me, also not replying if not paid before going to court i will add £25 a week non payment plus full amount text evidence 11 may (not 1-2 days after) asking for 80%, said no - nothings done , you walked out he said fine ill come back with a deliberatly long date attached, sent text saying no good -large gate many Kgs heavy propped up by your dead tarmac bag, dangerous to us and public-put this in writing, he said ok , ill do it earlier he didnt even turn up on earlier alotted day he suggested said dont trust him to turn up now at all, hes had his chances, everything is dangerous then have those few hours for free text from him , because i wont give you reciepts or ever come back to people who dont trust me found another installer, they were visiting to quote 17th may 2021 , they came and found parts missing and broken, we rang him stupidly to find out where missing parts were, we had paid lots of money in advance for ? torrent of abuse on phone leading to email abuse and crime reference from police- emailed to admin of this site over 18-19th may 2021 although new guys spent 5 days (meant to be three for £400) costing us £600, gates still wont work, we had to buy new motors, circuit boards, sensors, trying to claim of retailer as well under third party rights. so no working gates still and parts faulty, not fit for purpose, suitable all money taken by this trader in advance who has the nerve to try and claim off us
  21. so here it is in one folder- the claim form attached want to do defence and counter claim today, to get off my desk counter claim will be £2265 paid over for materials- system, not fit for purpose doesnt work and parts broken- still lays inoperable at front of house 200 circuit board - replacement bought to try and make system work as gate motors said it was broken what we had £90 sensors found broken so bought new ones to install £600 consequential losses - other companies electricians bill to install gatesand electrics over 5 days- to no avail as parts wouldnt work £130 gate posts damaged by claimant as he places a bracket in wrong location to gates against installation instruction-had to be moved, leaving damage £? old stone wall damaged by bracket again in wrong place by claimant , against instructions and confirmed by specialists in email recently rejected parts under consumer law - he cant return due to threats of damage and violence, so not in a position to repair or replace what brackets/things he did attach to wall was without reasonable care and skill causing damage beach of contract, he said im not coming back -get someone else (he has put this on his claim form!!!) to note we also have an email saying have those few hours for free im not coming back to. so what does he think his legal claim is? i need 1) to write defence with correct legal jargon , but his particulars do not say under what legislation or right he claims 2) write counter claim with correct legal jargon randle court claim.pdf
  22. Sent the emails that is the claim form - how it came , the only way to make it neater is type it out myself - it’s all jumbled like a rant with no dates ( just wrote 2021 everywhere ) Claim doesn’t actually state under what legal right he makes the claim - damages / breach of contract - just rants he’s not been paid , stating all this work and hours he did not do it’s all faulty , still broken and other electricians - tried in vain to connect it up and get it to work hence why we tried going through retailer for repair/ replacement
  23. Apologies - a lot on including grandad drawing last breath from COVID in hospital since 10 sept
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