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Everything posted by MOSS 41

  1. Well he went and did it ! No pre action protocol just county court claim that is written so badly so here comes my counter claim I shall post up and redact his claim now
  2. i think it may be computer generated, just a final demand laid out like any other demand at the end of a credit month maybe thought they were just sending it out to all, to see what they could get in in next few days, its certainly not the type of 'final demand' that normally makes me sit up.
  3. HI, More of a general question to see others thoughts as many people have been affected by Travis Perkins and aggressive recovery In Terms and condition on trade applications including the dreaded personal guarantees ones 16.5 Save for any member company of travis perkins plc group, who shall be entitled to enforce any provision of the contract, no person, not a party to the contract shall have the right to enforce any term of the contract which expressly or by implication confers a benefit on that person. So for example my contract is between city plumbing supplies holdings ltd and my company Travis has sold (completing in days) City on a no debt no cash acquisition basis - so HIG (new owner) wont be taking on the debts, no cash amounts or debts on the balance sheet ? so what happens to trade debts on balance sheet in this situation, who is legally in the position to enforce , just city plumbing holdings ltd as a singular entity, not travis (as no longer part of group) nor HIG (as they are not listed in the original contract) i have a good relationship with city, went cash only at start of pandemic, and went on payment plan to reduce old outstanding credit account ive wanted to clear for ages been working perfectly for 18months and already paid off down from 55k to 21K in 18 months while still putting 15k per month sales through local depot- win/win out of the blue a final demand for old balance £21k remaining lands in email yesterday (never missed a payment on the plan)- asking to pay in 5 days exactly a day before the acquisition completes. no warning, no communication, nothing from anyone i know or have contact with in company are they trying to quickly collect debt cash (as they retain it in the handover) what happens to this trade debt if new owners arent taking it on? will city plumbing as a singular entity free of travis perkins treat people better in collections in the future maybe?
  4. - if the faulty motor is repaired - then things could be ok and we can get on with life prob is - if it’s not the faulty motor - or it doesn’t work because something else communicating with it is wrong - we are back to a square one - I’m hoping it’s just the motor - yes all the threats were in writing - send around heavies etc , will destroy you online etc All passed to police who gave us crime reference and said a blue light response is recorded against our address if we call them for help
  5. Thanks for that - he is Kurtis randle kr electrical services (not limited ) we are now down to the fact that the product - specifically the right motor does not work everything else does , so for us to get working gates - we need retailer /supplier of product to repair replace the right motor as a faulty product not fit for purpose they are collecting out of ‘gesture of goodwill’ to repair though after strongly worded pre court action letter - the company gate motors 1) currently not pursued KR as he threatens us our persons and damage to property and putting reviews all over our business pages - bullied us basically 2) we just want working gates and a new right Motor will achieve this - so we can get on with our life - but don’t want to pay for a new motor and it was supplied faulty (amount at other things now rectified) 3) kr gone quiet, but if I get anything like court demands for his labour that didn’t happen , o will slap him with a counter claim of. A few thousand ! So I dare him to do so that’s where we are at currently - just want working gates - and never to see that rogue trader again don’t want to pay for new parts - that were supplied faulty
  6. update -as i have been dealing with retailer of gate product direct - to get fixed or replaced- as cant go near the madman who threatens us. They have now after months pulled out the -'well he actually paid for it ' card (with our money though!) so really consumer rights dont apply just our terms and conditions- which is send back for repair only and no reimbursement of anything- but only because we are being nice! where does consumer law stand on this ? faulty/broken products rejected in writing, to them the retailer and supplier of the product they accept its their product supplied but as 'we ' didnt hand the money over directly to them we suddenly after all these months dont have rights ? they know we cant go back to the crazy guy who threatens us, and the way i read it you can go to supplier of faulty product if you get no where with the third party as such?? any clarity
  7. Post code slightly different digits street name around corner etc Still went in my post box think it’s because we bought an old commercial building that belonged to commercial building around corner so never had a contract with them , Signed up to sse straight away , they tried to block move Ombudsman got involved - said stop billing them , they are ‘consumers’ provide credit and pay compo- and they did now trying to claim on original raised bills ignoring ombudsman decision -and the fact they sent the credit note already not near a computer to scan currently
  8. ok-so ignored everything got letter this morning wrong spelt name wrong address Final letter before action re BES Energy now apparently acting upon behalf of Fortis Group Holdings Ltd (ive no idea who they are) adding late payment charges etc if payment not recieved in 14 days proceedings will be commenced without notice 1) not had any pre action or anything- so is this just another threatening letter? 2)dont owe the money ombudsman found in my favour they had to credit note me - have both pieces of evidence but fed up of providing this info over and over again to different debt collectors so now ignore is this just another bully letter as no pre action in it? worried they are not using correct address , so i would miss any court claim ?
  9. so permission to appeal on papers was refused, but says can lodge an application for renewed oral hearing by 24th august reason i want to is they missed my argument completely most importantly though he says statute of frauds ok as there was a seperate note or memorandum demonstrated but they did not make a claim on this other document !!!! not in particulars or anything- nor in the trail (to note i put the other document in as evidence in appeal papers as a contrasting proof of what personal signature lines by the company look like-to demonstrate conclusively the loan agreement cannot be claimed to be signed personally) the claim form (particulars) was specifically to claim a personal guarantee because 'loan agreement signed personally' however it was not and judge agreed it was not but awarded them anyways against the statute ! im so annoyed with the whole legal system now. so i want an oral hearing- to say - they didnt make a claim on the other documents in the particulars or trial so its irrelevant as an additional note or memorandum for applying the statute we didn't have to answer that claim, (the document was a loan offer contract which was a condition precedent to be signed be fore the loan agreement sent out for signature/condition subsequent - they made no claim upon this loan offer contract at all) also my husband was not sent this seperate loan offer nor signed one, only i did- so he definitely cannot held to it using that argument is it worth continuing here - its so unjust and statute has not been applied
  10. i think he doesnt know what hes doing a) sending ranting email with 30 days to pay of debt collectors b) sending 7 day countdown to pay or legal action ranting email so neither had PAPLOC or are any viable form of letter of claim, i have no problem dealing with anything sent my way question is start court claim myself now, or what for a court claim of £800 and hit him with counter claim of £3450 with all the evidence and watch him squirm plus ask for adverse costs award in court as a vexatious/dishonest/non proveable claim.
  11. ok just never been one to bury ones head and ignore- it sits weirdly with me but will do
  12. thanks- he sent email couple of weeks ago out of the blue, pay up or going to debt collectors in 30 days and your costs will grow we ignored him now another email last night- 7 days till debt collectors like a count down- we ignored it its the fact he is saying debt collectors will start in 7 days - hes not entitled to more money and the cheek of it just ignore them and if they try and escalate, do a claim or counter claim? through business years ago we employed a debt collection agency cost a few hundred pound and got nothing out of it at all waste of money as a customer, cant see him paying a few hundred pound to engage them ive retained all messages and emails
  13. especially the CST law one last year, said it was a letter before action and if i didnt contact them they would start the legal proceeding in 7 days - i have always denied its owed and provided evidence why its not to be honest they can go ahead and claim £595, i have the credit note enforced by the ombudsman, let them start court, they will have to come to my local place , and maybe all my evidence i can ask for an adverse costs order even though its small claims, as it was knowingly unfounded
  14. i have been ignoring, one before this was CST law solicitors feb 2020, they stopped once i wrote with evidence now gone to BSB and notice of assignment received im sure, this time around ive just been blocking numbers and throwing things in the bin but surely it harassment now - i dont have to keep putting up with this or providing credit note and ombudsman evidence its been going on for over three years
  15. yes im dealing with manufacturer at moment to get replacements etc i dont care for court claim, although he is a homeowner and yes has assets, hes a one man band, so it is an option agreement was i text message and email, i just want him to go away, as he has no claim for the amounts he wants £800 for labour nor could he prove it in court (we have cameras showing how long he was here) plus he took without our knowledge and agreement nearly £1000 more than required to pay for the parts all parts were new, i actually think he knew they were broken (some parts you can visibly see) hence he had no intention of coming back dont forget we have in writing not only in text but also in email, im not coming back im not claiming payment for those 6 hours , you can have them for free- which we replied and accepted so where is his claim in law?
  16. hi this is more of an annoyance we bought an ex commercial property who was being supplied by BES utilities august 2017, we never had an account with them they blocked switch for months, charging business levies etc until dec 2017 got ombudsman involved who decided in our favour, made them provide credits for account for £595 making account zero , compensation payments and made them not block a switch over since 2018 been £595 sold to now 7 DCA, every time i send credit note ombudsman decision and say go away and they do then sold to another DCA and the cycle repeats how do i stop this ?
  17. no not yet finished , it still doesnt work and and hasnt been fully installed as parts missing from motors according to gate motors (manufacturer) and as such faulty and not repairable, would need a replacement we didnt agree to a mark up price , that was the point the contract written between us was we buy the kit we want and he will charge £1000 to install he then said send me the money and ill order to save you time i agree if he just gave us a whole price to agree to then you accept whatever the mark up is within that while price quoted and accepted , but that was not our agreement he was a labour only price plus actual cost of materials we were meant to order but he took over, thats why we wanted reciepts anyways out of pocket by £2300 transferred to him (all parts actually come to £1400 according to manufacturer) £600 to electricians for four days work who had to repeatedly liase with manufacturer with videos to find out why not working- it was a process of elimination so took time £250 for new circuit board as his provided never worked £90 for new photocells and he snapped off insides when attached to walls £130 x 2 metal gate posts ruined with numerous holes, as he placed photocell part 2cm from gate on post but instruction manual said 15cm, this was stopping sensors and openings new electrician moved to correct position on wall. out time for harassment and police involvement probably not claimable. i still have all this equipment that doesnt work- so still not installed and all because what he supplied was faulty, there are so many faulty parts now, it really is becoming a case of gate system is not only not satisfactory but not fit for purpose so when we dont even have working gates because what he supplied is faulty, damaged property from incorrect installation of hardware and another electrician did all the wiring installation is infuriating
  18. KR electricals were to supply and fit the parts- exact cost (agreed in writing) of parts plus £1000 labour he made us pay up front for parts "=£2300 he walked off 6 hours into 4 day job but is now pursuing us for 80% of labour charge quoted so £800 but he didnt do 80% of the installation work another company did 4 days which we had to pay £600 (quoted 3 but ran over) instead as hed walked off saying have those 5-6 hours for free (in writing) when he wouldnt supply invoices for the parts so we could claim through business. turns out all goods he supplied faulty and broken anyways- so still dont have working system he doesnt have a website
  19. hi apologies if clear as mud we found KR electrcial services ltd on checkatrade as local electrical installer to do gates he charged us £100 to quote he would supply and fit and sent a message saying ill charge parts plus £1000 labour 4 days required, ill by them for you instead of you going on line and buying as what was orginally intended as we wanted CAME system he said he needed money upfront to order the parts £2300- we dont know what they were until delivered, they turned out to be a proteco (italian make) swing arm system. he turned up one thusday afternoon, for about 1.5 hours placed some items on wall either side of gate then turned up friday morning, as said 'wont stay long its friday afterall!' so did a few hours in morning about 10-1 dug a channel across drive and put cable across. waited for return monday- no show, asked and he said waiting on more parts- we asked what parts and while we are at it can we invoices to claim back for materials we had paid for in advance- through a hissy fit and said no, are you accusing me or lying we said no, just want to reclaim vat- he refused said im never coming back how those couple of hours on me. called supplier gate motors who confirmed he massively ripped us off and he didnt pay anywhere near that for our parts (now if the quote invoice was £xxx and accept it, we would have no claim over markups etc but the agreement was, just the cost as per supplier plus £1000 labour, ill send order over instead of you ordering it yourself) so we had to find new company, had missing parts, so we called him to ask for missing parts we paid for he then started sending abusive messages asking for 80% of his labour quoted of £1000, as hed done all the work to point out- no electrics done or installation at all, just some hardware drilled to wall 5-6 hours of 4 days quoted. turns out new company finds out parts broken and missing we ordered £250 or more parts and had to pay them £600 to install, still wouldnt work , turns out motors also faulty that he attached to wall. so still not got a working system yet now he thinks he has he right for £1000 for labour on a system the new electric company actually wired in and installed and will use debt collectors in 7 days, whereas we have the right to reject as unsatisfactory and not fit for purpose, so just want all our money and consequential losses back, as he was the 'retailer' who provided faulty parts. its within 6 months but after 30 days, but he cant repair and replace as inconvenient as we policee involved and blue light response if he comes near our property, after his threats and abuse just want him to go away, hes unhinged-literally
  20. hi, background- wanted electric gates used checkatrade to find person husband paid £100 for a quote ( i know its ridiculous , i told husband no one gets paid to quote-first red flag) electrician said ill do it for cost of materials plus £1000 labour will take four days maybe? he asked for cost of materials to be transferred so he could order them, told us it was £2300 ( i know 2nd red flag, asking for money upfront) when material delivered he did a couple hours one morning and one afternoon, placing motors on stone wall, but no electrical work or installation etc. asked for reciepts for materials so we could claim vat back, he wouldnt supply saying i dont do that, you calling me a liar got abusive-just wanted reciepts for books said dont be silly, he said forget it have the couple of hours i did for free im not coming back - all in a message first went to part supplier gate motors, to see if they would give us reciept, said cant because of GDPR but did confirm the amount he bought was significantly lower than £2300 (actually about £1600) and that he was pushy with them and didnt know what he was doing gate motors have been great got another firm agred to come in and to 'install' the motors etc and photocells etc. mistakenly rang old electrician and said where are parts x y z we have paid for ? this initiated a barrage of abusive texts and emails and threats to come to our house and rip stuff up or send in the 'heavies' to do it for him, id we dont pay his complete labour charge as he has done 80% of the installation- he did not - no wires done parts missing etc so impossible and only 6 hours out of 4 days attendance. resulting in police getting involved who gave us a number and blue light response to our address if we see him near, as they saw the abusive stuff. they also rang him - resulting in it all going quite for some time got new electrical firm in it just wasnt working and 4 days in (£costing us £600) and going back and forth to gate motors found parts were broken and missing resulting in us buying more parts on top of the £2300 another £250 as what he attached to wall was broken. still not working as parts still missing and gate motors now taking over to complete with their own installer free of charge to get working as they feel sorry for us as whole gate set is not fit for purpose and broken. now this first electrician is back threatening debt collectors , in 7 days when really as we are rejecting goods he should be giving us a full refund for the £2300 and £250 and consequential losses of others unable to fit because materials all broke £600 how do i get rid of this guy? ! hes not entitled to anything, hes unhinged, abusive, police involved etc shall i just send him a letter before action claiming all our money back?
  21. I have until Tuesday to file an appellants notice it’s all ready In triplicate and one for respondent all done as per cpr grounds and skeleton is it worth it ? grounds are judge was wrong to enforce as even in his decision he states it’s obviously not signed by us personally ? Therefore statute of frauds not satisfied that Guarantee has to be signed by party or be charged he said it was meant to be signed so that’s enough - which isn’t what the law says but part of me wants to walk away and end it all , but it’s so much money your get back on a decision that is plainly wrong in law I am happy to pay for permission to appeal and then if they say no - walk away what I want to know is , is ever appealing worth it Can the other side claim any costs from me if I just ask for permission and get denied all I can see is that costs are not normally awarded for written response from respondent as they are not required for any hearings or decision making
  22. Sat waiting for another costs hearing - as other side wanted more time as didn’t have responses to all the missing disclosure pre action breaches refusal of ADR Still didnt submit anything in defence - just some photocopies of items already in the trial bundle - and a another cost schedule for a further 3.5k for doing so and attending this one hour hearing !! it’s ridiculous and insulting to the legal system what they seem to try and get awAy with and claim more I’m hoping judge starts seeing all through these ridiculous cost claims - and penalises them for all refusals and breaches 14.4k initial cost 3.5k cost for today one day hearing and 126 half a lever arch trial bundle - really think they can claim 18k it’s going to be more than the claim soon
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