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  1. I'm getting really confused here. We extensively discussed the letter of claim/letter before action. Forum post number 88 An update. The letter before action has been sent along with an email. The court has also acknowledged receipt of my documents and application to set aside the statutory demand. Matthew Moore from Lord Roofing and Groundworks has also replied to my email. I've copied it below. Another one of your colleagues confirmed there was an issue with the site. I sent you a personal email with the draft as I thought it was just me having technical issues. Andyorch advised that I should not give too much away. I've made it personal because I'm not a lawyer/solicitor and I wanted to express not just the financial cost and effect this is having on me. There is no liability period. I took most of the information out, as I understood from Andyorch that I should try and be less specific and mention all the core details in the Particulars of Claim if it gets to the court stage. Am I not correct in asserting that the liability period is irrelevant- they have had multiple attempts to rectify the issue under the Consumer Rights Act. I therefore have no trust or faith in their services. Therefore they no longer have a statutory right to repair/put right their work. There is no liability period. Its not specified and it was never mentioned to me. I'm not hiding anything, and I've expressed all my acts of commision as well as omission. I'm trying my best, and sometimes I don't always understand what you mean/want. If the consensus is that I should send your initial draft, then I'm happy with that. I'd been reading the legislation for the Consumer Rights Act, and the main reason I removed some parts of your draft was because I felt it was not relevant to the case, especially as they: 1. Ignored any requests for mediation (as per contract 2. Refused to put right my issues that I raised 3. Stated that the workmanship was adequate 4. Attended my property multiple times to "repair" their work I hope that clears things up.
  2. I've been having some technical issues posting to the site. I emailed this response to BankFodder yesterday, but I don't think they received it. I've tried to make my response as generic and factual as possible without playing all my cards too early as @Andyorch advised. Any further thoughts/advice would be great. I've put in bold the changes I've made Thanks Dear XXX For the avoidance of doubt I am responding to your email dated 10/9/21. You are quite right that I hadn't sent you a copy of the assessment. However, you were already fully aware of the fact that I was dissatisfied with the quality of your work and yet ceased contact with me and refused my requests of mediation or to come to an amicable resolution. I’ve spent weeks attempting to find competent tradespeople and engineers to quote to repair your substandard work, whilst also working full time and running a household. You have caused me considerable stress, anxiety and inconvenience by your actions. I'm reassured to find that the assessment which you have now been provided with confirms me in my view. As you and your company purport to specialise in providing these kind of building services and you hold yourself out as professionals, I expect that the contents of the survey and the conclusions came as no surprise. When I have tried to raise my concerns with you, you have either failed to respond or have responded in an unnecessarily brusque and aggressive way. Instead of engaging with me to try and resolve the issues, you handed the matter over to a firm of debt collectors who in their turn have threatened me. More recently, you agents filed a statutory demand which if it was successful would lead to my bankruptcy. Your approach could hardly be described as customer facing and in fact it is aggressive, domineering and bullying. It is precisely the kind of behaviour that is calculated to make any ordinary customer frightened of dealing with you. I do not find any of this to be reasonable behaviour of a company whose motto states “honesty-affordability-quality-integrity-trust” The fact that I sought an initial assessment from an engineer who referred to the fact that it might have been better to use permeable paving has nothing to do with the conclusion that they have eventually reached. Your workmanship is seriously substandard and defective which I have been mentioning all along. In fact, the inspecting engineer is the first person who has ever mentioned the notion of permeable paving to me. Before this I had no idea that such a thing existed and as the engineer has suggested that it might have been better to have used this kind of material instead of the material which you chose. It begs the question when you knew that I was relying on your professional experience and expertise, why you did not discuss this matter with me. I would have thought that any professional had a responsibility to discuss this full range of options available and to make particular recommendations You claim that I have refused to communicate with you. We both know this is not true. I made strenuous efforts to communicate with you and once you realised that I was in fact complaining about your defective workmanship you reverted to your frightening and bullying approach which included making abusive and threatening phone calls to me and even to my son. In fact at one point, my son was left a voicemail by James, A director of your company, who threatened to come remove all of the paving from my driveway if I did not submit to the demands of your company. From that point on, I refused to take any telephone calls and I made it clear to your company that I was only prepared to receive emails. Frankly, as we were in the middle of a serious dispute involving a reasonable amount of money, I'm surprised that you wanted to do things on the telephone anyway. As I expect you are aware, I have now filed an application to set aside your statutory demand, and also I have sent you a letter of claim. I would like to make it explicitly clear that I am intending to follow up at the end of 14 days by issuing county court claim against you for the sum named in that letter. The only circumstances by which I would cease proceedings is if you were to provide me with funds to instruct a competent tradesperson to rectify all the issues raised. I have provided you with ample opportunities to do so thus far, and therefore I no longer have faith in your company. The Consumer Rights act 2015 states that you must carry out work with “with reasonable care and skill”. As you have not done so, and have been provided multiple opportunities to do so, you have forfeited your right to any further attempts. To be clear, it is your own aggressive approach which has forced me to take court action so quickly order to protect myself from your debt collectors and then from your request for a statutory demand. This kind of action would not have been my first choice. It's up to you where you want this to go. You have been driving the situation but I have decided now to take control. However, I can tell you that I no longer have any confidence in you – because of the standard workmanship, because of your breach of contract in refusing to deal with the defects in breach of your obligations under the agreed contract For the record, I consider that your request for a statutory demand is an attempt to sidestep the regular court process and to avoid the transparency and independent scrutiny which comes with a properly conducted County Court procedure. If I do not receive full payment as per my letter before action, or a response I will commence county court proceedings at the end of the 14 day period Yours sincerely
  3. I am concerned. I've been spending most of my free time preparing, reading and researching and facilitating builders etc. whilst working full time. I'm also very grateful for all of your help. Its quite overwhelming and stressful and times so I'm sorry about the delay. The court has accepted and is processing my set aside notice. I should have all the facts tomorrow and the finished email which I will post tomorrow. Thank you for the help and your support. I'm glad you're pushing me to move fast
  4. How long do I have to reply to them? I need to clarify some things with my son (who works away) who negotiated on my behalf when the contract was signed. I want to make sure I'm 100% accurate with the information, as like you said, I don't want to look foolish if I mention something incorrect on which they prove me wrong. I want to make sure nothing was agreed verbally etc without me being aware. Is it better to send a more generic email back without mentioning specific aspects of the contract? Then if it goes to court, I can mention each part of the contract or clause etc. which is being breached?
  5. Sorry about the delay. I work shift work and weekends etc. The quotations were given initially, and then the follow on contracts were signed by myself and "Lord's" director. The terms and conditions were generic and on the back of the contract. No specific terms were agreed apart from start dates and scope of work which was on the quotations. I'm still collating and trawling through all the various emails and contracts to make sure I've not missed anything. I'll aim to have this finished by tomorrow and I'll keep you all updated
  6. Thats a very powerful letter. All of the points are accurate and true. I think that summarises all the key points perfectly. Is it worth mentioning all the relevant laws etc. and further breaches of their own contract, or will that be for court? Now that they have admitted that the work is substandard I would assume this helps my case substantially. And also, that they have potentially offered to pay for the remedial work. I'm just hesitant to give them too much information. Tobermore the company, never got back to me with regards to my queries. They also want to know the details of the people providing quotes. The Engineer told me a lot of these tradespeople work together and rely on each other for work. Therefore I want to give them as little information as possible because I just don't trust this company and its employees. I can go over all the emails and paperwork and see if there is anything I can add by the end of the weekend. I can't think of much more that would be relevant at this stage though.
  7. o I’ve not sent a written copy of the quote o I’ve not sent him a copy of the invoice I paid o I did not send the report previously. In post #37 you advised “Please hold off sending the report at the moment” and as debt collectors were instructed I had no further contact with Lord. The report was only sent today o The Engineer was not from a permeable paving company. The Engineer works for a major construction firm. The report mentions that permeable paving should have been used and the engineer mentioned that this may be breaching planning regulations. I trusted this company and they provided me with a brochure and just asked what paving I wanted. We had no discussions about permeable vs non permeable etc. The contract makes no mention either apart from the fact that the paving is called “Tobermore Pedesta” o I haven’t got a clue what this means either. The contract terms and conditions, section 25.1 state “During the defects liability period we will put right any defects in the work due to faulty workmanship or materials.” This period is not specified. No other documentation states this defects liability period. o I stopped all telephone communication after I received abusive and threatening phone calls from the company. My son was left a voice mail (which I have retained) which is the director threatening to come and dig up my gardens and remove all of my driveway. I mentioned to them that I would only like to correspond with them via email as I feel intimidated by them.
  8. I'm not sure what you mean Bankfodder. They originally stated there were no issues with workmanship. Refused mediation. Refused to instruct anyone to survey the work, and stated that Tobermore the manufacturer would not attend because I had not paid them in full
  9. A few follow on questions and thoughts... 1. They clearly are worried as they now know I mean action and they have no real defence to almost all of my points against them. I do not really wish to engage with this company as I don't trust them and they have caused me a lot of stress and distress up to this point. 2. They seem to have assumed that the £2550 is the repairs for the whole work and not just the rear patio (the reference to the rear patio work was included in the email and letter) 3. They have breached the contract. Refused mediation and now are wanting to put the work right after I've challenged them. They clearly had no intentions previously. My understanding of the Consumer Rights Act 2015 is that I've given them more than one attempt at putting this right and its not occurred. Therefore they no longer have the right to do so 4. I don't know what they are talking about when they mention a "surveyor from a permeable paving company". I instructed a degree qualified Civil Engineer who works for a major construction firm
  10. An update. The letter before action has been sent along with an email. The court has also acknowledged receipt of my documents and application to set aside the statutory demand. Matthew Moore from Lord Roofing and Groundworks has also replied to my email. I've copied it below.
  11. The letter of claim will be posted in the morning and I'll submit the statutory demand paperwork afterwards I'll keep you all updated Thanks
  12. I agree the amended letter looks better. However, I'm concerned it appears that without mentioning the contract in question that this is the total cost to fix both the front and back paving. Shall I not mention which contract this pertains to etc. and that I'm only challenging one contract? Also, I'll email the court with the reponse to the statutory demand with the attached appendices tonight. Thank you for all of your help and I'll keep you updated. Another question- At what point should I consider claiming for the front drive? Based on all the quotes I've obtained, I will not be able to use the small claims track (over 10k). I'm just concerned they will notice I'm only claiming for one contract and realise this. I want to think ahead to prepare for any traps they may set for me.
  13. Thanks for the clarification @FTMDave Is the letter of claim also known as a letter before action. I've been getting quite mixed up here
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