Hi Had the pre-lim hearing. The judge has asked me to give more detail in "further particulars" as there was understandably little space on the MCOL form to give detail especially w.r.t. the Defence's statement: 1. The Defendant denies any breach of the Consumer Protection From Unfair Trailing Regulation and in any event the Claimant has failed to particularise any such breach and the Defendant is therefore unable to file a defence in relation to the allegation 2. The Defendant denies any breaches of the Road Traffic Act 1988 and in any event the Claimant has failed to particularise any such breach and the Defendant is therefore unable to file a defence in relation to the allegation Later I will post my response to (2) but need help with (1) Have to email it in a day or 2 Regards MCOL Avon Defence 2021-Apr-22.pdfMCOL Avon Defence 2021-Apr-22.pdfMCOL Avon Defence 2021-Apr-22.pdf MCOL Submission Avon Car Sales 2021-Mar-24.pdf

Waiting for court request for evidence and court date. Don't I have to think about GDPR? That's all it said

Got a Court letter that "Upon reading an email dated 2 Nov 2021 from the Defendant, it is ordered list for preliminary hearing with a time estimate of 30 minutes by attended" What do they do at this? What is expected? How do I prepare? I note that there is no reference to any emails from me being the other party & I don't know what the contents are of the email referenced. The previous court letter of 20th Oct 2021 ordered that "unless the defendant (Avon Cars) files & serves a completed directions questionaire by 3/nov/21 the defense shall be stuck out. I guess that the email could refer to that but I don't recall getting a copy Regards

Hi I mentioned that it was on 0% finance which hasn't been activated. Besides that I spent : > £114 call out to keep the boiler going > £65.88 in extra payments to BGas for their Homecare agreement Then there's 2 months of no heating & hot water for the tenants (they've been tacking showers in the gym, & the immense stress to both of us & the time & energy Plans: I mentioned that I want them to complete the installation and have been trying to communicate with them to achieve this but no feedback from them. "They're still doing their review " apparently nut its B.S. It also depends what advice I get on here. Cheers

I strongly believe that Glow Green did not ask for the correct service from the courier. They just ticked a box. Please see attached main emails Barclays Section 75 request wasn't fruitful as the service wasn't provided and I'm not asking for a refund. Thanks for helping email to Barclays BPFsection75Claims 2021-Oct-08.pdf eMail to Glow Green 2021-Sep-30 Re Boiler delivery failure.pdf eMail to Glow Green 2021-Sep-29 Re Boiler delivery failure.pdf

Glow Green used an independent courier company

1. Glow Green was to supply 29/Sep/21 & install on 30/Sep/2021 2. Police report was done by tenant and gave the Crime reference number to the Company 2 moths ago 3. There is a 0% finance package agreed with Barclays Bank not activated. on hold. No payments made as item not installed. 4. Thought BGas left the system working but just found out that they have been with out for 2 moths. Today Paid for an engineer to get in going but for how long we don't know. Engineer says boiler needs changing Q. Green Glow has been unresponsive so I don't know their intentions. I guess they don't intend to supply another one. So the question is can they hold me responsible financially responsible for the missing unit? They are saying (not recorded) that I would need to request a new quote and purchase arrangement but I think its only fair for them to supply another unit to the actual flat and install it as per original agreement.

The Address was to the Flat itself which is on the top floor of a 3 storey block i.e. ground, 1st , 2nd which was discussed with the person doing the quote. The delivery man actually came to the flat to drop off the smaller components, got the tenant to sign then left the unit on the ground floor refusing to take it up. Thanks for the edit. I can't see how to edit my post.

Company : GLOW GREEN LTD Avalon, 26-32 Oxford Road, Bournemouth, BH8 8EZ Help. They organised the equipment to be delivered on 29th Sep 2021 for installation the following day. A single delivery man took some smaller bits to the flat on the second floor, got the female tenant to sign a delivery note and left the main unit, which needs 2 people to lift, in the ground floor hallway behind video entry doors and refused to take it up for her even though she tried her best to persuade him to. She contacted me and I immediately emailed the company to complain that the unit wasn't delivered to the flat, how they expect anyone especially a single female to get it up 2 stories, and it is at risk of being stolen and that I cannot be held liable for its safety and that they knew that the flat was on the second floor with loft access as I sent them photos and details and verbally discussed all the details with them so that they can quote accurately, and that they did not deliver the equipment to the flat and if they needed 2 people to do it, they should have organised that with the courier. The Boiler was stolen within 1 1/2 hr when the tenant went to check on the unit and see if the security guards would help her lift it to the flat. I immediately notified the company & got the tenant to check with security, check all the surrounding hallways and areas, ask neighbours, put of signs on accesses requesting info. and file a report with the police. In the meantime, I requested a review of the CCTV cameras but all the accesses are not covered and, as is the modern way, there are many delivery & Trades vans coming & going so that was unsuccessful. I bought the unit on a 0% finance loan with Barclays Bank through my wife , frightened that Glow Green would deduct payment, I notified them. They confirmed that no money was released as the work wasn't completed and requested a Section 75 investigation but was unsuccessful as the work wasn't completed and no monies released. I am glad that I didn't pay them directly but my wife is worried about her credit rating now I have made many phone calls & emails to the company but the fail to respond. I only get to talk to someone on the odd phone call to numerous employees but never get any clear answers. It been with their legal team since then and is apparently with their "Disputes & Litigation" Team for the last few weeks and he says he needs time to review the case, so he's been passed the case with no briefing and has to start all over again. All of this time, 2 months, my tenant has been with out hot water nor heating and are very capable of putting a claim against me or losing their tenancy at a difficult time in the market. All I keep asking the company is that I want them to complete the job and stop my tenants suffering as they are in this position because the company failed to get the right delivery service and deliver the equipment to the flat inside the front door. Their recent verbal response is that "The tenant signed the delivery note. Have you read the T&Cs regarding delivery? We can't send out another boiler willy nilly, you would have to purchase another one". On paper, their deal is very good and competitive with a very reputable Brand Vaillant with a service and warranty package including the roof work needed and they have a 4.2 score on "Trusted Reviews". They just won't confirm to me in writing or otherwise what their position is and I can't afford to be liable for 2 Boilers. The next quote is £1,000 more for very mediocre equipment.

Apologies.... battling with painful migraines for the last month and missed the deadline for the "small claims Directions Form" and file it with the court [County Curt Business Centre - Northampton] by Thursday 6th May. As Monday is a Bank Holiday, when the latest I can Post this? First Classic / Next day Delivery?? Also the defendant has requested mediation which didn't work when I tried it with him directly before. I assume that the Court maybe take a dim view if I choose not to do this and go to court? The car was clearly demonstrating a problem so its only me that stands to lose via mediation!! [see form Attached] And, do I need to submit anything else with the form? I had submitted my claim particulars originally and they submitted their defence. Do I submit my response or that is part of the evidence that gets dealt with at the hearing? Plus in their form, they put the court as Warwickshire when I'm in Winchester. I thought I read a while back that the Claimant has the benefit of choosing the court location. Please note section D2 of their attached form Regards MCOL Avon Car Sales DQ 2021-Apr-27.pdf

Don't think my scanner is up to that but will give it a go. Thanks for the quick reply.

Just received their reply today. Attached. MCOL suggests mediation although theDealer has rejected my previous offers to settle. Its been a while. Shall I post the main points here again or will you reread the initial post? Thanks Avon Defence 2021-Apr-22 copy.pdf

Hi Lets not start that again. I've been on a full on building project and my second week of a migraine attack so lets just cut a bit of slack. I'll see if I can read again over the weekend. Remember this whole thing has been very stressful & depressing for the whole family & it was good not having to constantly worry about it for a few weeks.

Think car dealer will fight cause its ££ to him as he's desperate to minimise this. Guess I start preparing my case documentation now. Do I send paper copy or get to upload the evidence ? I haven't been invited to submit my evidence yet.

Hi Just got acknowledgement of service to my claim dated 7th/April/2021 staying that they have 28 days to file a defence and Lawyers4U state "we are not instructed as their solicitor, The defendant acts as litigant in person"