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Everything posted by Chipsticks

  1. I put the details in my previous post of the costs Cost for remedial work £2550 Engineers report £355 Total cost- £2905 Money Claim online Total.pdf
  2. I've added a few sentences of my own. Am I correct in assuming that once I submit these particulars, the defendant will then submit details particulars, and then I will respond with much more detailed particulars? Thats my understanding of why it should be brief, because it does not show all of the avenues which we will pursue against them. That would be the point in which we would reference relevant law, legislation etc? The Particulars you drafted encompass the dispute succintly in my view. Oviously they miss out a lot of the details
  3. Yes it fits easily. I'm using the Beta version which seems to allow a lot to be written in. I made the account a while back and I've filled in everything apart from the POC details
  4. Thanks for the replies. I've posted above the details in the Particulars of Claim. I've also been preparing for the court hearing for the statutory demand. I'm not quite sure what to expect So I'm likley overpreparing. I assume that will cause me no harm. I cannot afford to be declared bankrupt through any small ommission etc. Is it advisable @[email protected] to make particulars of claim quite short and concise, or is it better to make it more detailed? I don't want to omit anything that I might require at a later date. I've heard nothing back from Lord. I feel that my more assertive emails, and particularly the last one have made them decide to take notice
  5. Thanks for your quick response. I've sent the email which we were discussing yesterday. I've made the money claim online account and started compiling all the evidence. The court sent me a copy of everything which I submitted to them. The defendant to my application is Lord. Will they be responsible for responding not the debt collection agency? If so I would imagine they will represent themselves or incur legal costs. The process is quite opaque. Can I submit more evidence? The date of 12th of October is very close. As its all over telephone am I right thinking it will be a relatively short fact finding exercise from the judge?
  6. I've received no response from Lord. I've also received a letter in the post from the court stating that there will be a hearing on 12th October to set aside this statutory demand. Why is this going to a hearing? I find it ridiculous that I have to do so much work to make this malicious order go away. What is going to happen here? What do I need to do? Is it possible that I can lose this?
  7. Thanks for your explanation. That makes much more sense now. I've been doing exactly what you were saying since I realised a dispute was likely to occur. I've always been civil and impeccable in my behaviour and approach. The company has destroyed their reputation and image through their conduct with me which has put me in a good position thus far. I was just concerned that you didn't understand the full picture and were telling me to keep giving them more attempts because you were trying to help me solve this dispute. I'll send that email to them tonight and update you with their response. I've realised a long time back that small claim court is won by not just those who are in the right, but those who are reasonable, fair and calculated in their approach. Thanks
  8. I've made changes to your suggested email. I don't agree entirely with your approach. I feel like this is too weak. Bold are my changes. I'm going to send this tomorrow unless there are some serious issues/concerns around it. Contractually and legally I feel I'm on 100% solid ground. They have breached the CRA and their own contract and I don't feel I have any obligation to allow them to come back to try again. I'm quite sick of this whole situation and want it sorted asap. Dear XXX Contract number XXX Thank you for your letter. For the avoidance of doubt: · The work was delayed multiple times by yourselves from the outset with poor communication and threats that I could not pull out of the contract (despite yourselves breaching your own contract start date) · Some of your work crew attended my property on the 5th June. They did not address all the issues. · You carried out an attempted repair 11th June. This attempt also did not address all the issues. · On 28th June Matthew Moore attended my property and agreed that the standard of the work was unacceptable. · On the 15th and 16th July some of your employees attended to rectify issues and actually made front drive worse by making unacceptable paving cuts. This was notice and remarked upon in the inspection report which I have supplied to you. · Some of the rear patio issues were addressed but several remained outstanding and indeed the most serious issues have still not been dealt with. Communication wise, there has been communication and I have tried to engage. In fact my son has had an amicable discussion with the workers and director when they attended my property. I did eventually refuse to communicate with you via telephone as it was clear that our relationship was deteriorating to a point where things needed to be done in writing. I explained at the time that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of. I see from your letter that you feel that you want a further opportunity to address the outstanding issues. I am not prepared to allow you to have further opportunities to rectify the work. My reasons are the following 1. You have not undertaken the work with what could be described in a timely manner. In breach of the contract we both signed 2. You have not undertaken the work with reasonable care and skill, as evidenced by the multiple failed attempts and subsequent engineer’s report which highlighted serious defects 3. You commenced debt collection proceedings against me, in an attempt to bypass due process and the County Court. 4. As per the signed contract, there is an obligation to enter mediation, which you have ignored and refused to engage with 5. You have been provided multiple opportunities to make good on your contractual obligations and you have failed to do so. Therefore I no longer have faith in your company or your tradespeople. All of the above leads me to the point where I no longer have faith in your ability to fulfil your contractual obligations. Therefore I have no choice but to request payment from you to make good your defective workmanship If you are not able to provide me with payment of the amount detailed in my previous email, then the letter of claim is still in force and I shall be issuing proceedings on 9 October. Yours sincerely,
  9. 8th October 2021 is 21 days after the claim letter They attempted to repair the rear patio issues on at least 2 occasions, did not address or comment on all the points I made, and have arrogantly dismissed all of my concerns, even when backed up with evidence (e.g British standard pre engineer report) I dont feel like we really have a plan forward here. I feel that I am well within my right to refuse further repairs etc. They don't ask my opinion on anything. They inform me when they will be doing xyz, without caring to even check if I'm available or its convenient. I cannot see what allowing them to come and repair their work now will achieve. The director has informed me he will be attending my property again on Monday in his last email
  10. I've been very agreeable all the way to this point, and I have started to think they have taken advantage of that fact. Without going into massive amounts of detail, my reasons for not wanting to give them further opportunities to rectify the work are: 1. Delayed multiple times from outset with poor commuication and threats that I could not pull out (despite them breaching their own contract for start date) 2. Repair attempt 11th June (not all issues addressed) 3. Workers attended 5th June (Issues with work not addressed) 4. 28th June Matthew (director) attended and agreed work unacceptable- 5. 15th and 16th July- workers attended to rectify issues and actually made front drive worse by making unnaceptable paving cuts (raised in engineers report). Rear patio issues addressed (not all, and most serious issues remain) Communication wise, my son has had an amicable discussion with the workers and director when attending my property. I have full CCTV front and rear and have all evidence including audio and video recordings of all interactions. I have not refused to communicate with them. I have refused to communicate with them via telephone as I said that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of. I understand the point about being reasonable and fair. I think I have evidenced that I have thus far. They have had ample opportunities and stonewalled me and sent debt collectors after me. Now I've provided evidence of their poor work, I feel they are realising they are looking at a large loss, plus legal costs they probably are unwilling to pay. I would not be happy to pay for their independent assessment (they have not paid for mine). The majority of the issues that were raised in the engineer's report, I had already highlighted to them (such as the cuts of the bricks not being in line with manufacturer's guidelines- if you recall I had already contacted the manufacturer Tobermore for additional information) If you feel I'm completely missing the mark here, then I'm happy to be guided by you, however the Consumer Rights Act only provides them with limited opportunities to put work right. Surely I cannot be expected to just sit here for months and just keep letting them try and try again, and only now that they face the prospect of potentially losing at court. I've been reasonable, polite and accommodating from the outset, and I have written, video and audio evidence of all of this.
  11. I've received a response from Lord Roofing. I've attached it below. Im not really happy to allow them to keep coming to rectify the issues when they have had multiple attempts and not addressed my concerns. I know they will not repair the sub base or address the problems correctly. My understanding g is they no longer have the right to keep trying to repair under CRA anyway. As you predicated @BankFodderthey're becoming more aggressive Dear xxxx, Please don’t try to insult my intelligence for the sake of prose. As previously stated, the company has tried contact yourself on many occasions, whether that be phone calls or numerous unanswered emails and text messages. I will visit your property on Monday 27th of September as I’m currently on annual leave. Once I have inspected the works, I will then arrange a time and date for the works to be rectified as per section 25.1 of the contract. I will have my senior groundworks manager perform the required works.
  12. I've created a MCOL account and filled in all the details etc. and I'm familiarising myself with the process. I've filled in all the sections, apart from the "particulars of the claim" I've also sent off the email you suggested in the previous post. I'll let you know as soon as they reply. Thank you
  13. The contract we decided to challenge first, is the rear patio (the smaller value contract) When I sent the letter of claim I added and referenced at the top the contract which I was challenging, so it was clear that it was only one contract (rear patio) which I was challenging at that point. They have assumed it is the whole works and have not read the letter of claim properly. I think this means that the above letter you suggested I send, no longer is relevant In my "Letter of claim" I sent the following at the top of the email Re: Invoice 1554 Dated 12/03/2021 Which clearly references the rear patio. Your subsequent draft does not reference it, but the 14 days are from my email and letter sent to them on 10/9/21 I hope this clarifies things
  14. It was never discussed As the company does roofing and groundworks, I was quoted for the various works accordingly. The company created separate quotes and provided me with multiple contacts to sign. Im not really sure how to proceed from here. Im almost certain they're going to refuse to pay for the full amount of remedial work. They have changed their tone somewhat which i would assume is in anticipation of court action
  15. They have got back to me pretty quickly. They haven't seem to have realised that the amount I was quoting them was for only the rear patio (smallest value work). Even with all the evidence I've provided they still are on the attack, and think they're doing me a favour. I think @BankFodderyour suggestion to be assertive and aggressive back with them was a good idea. I think I should reply and tell them that I am only claiming for the rear patio repair work at the moment. I'm concerned that this will make them wonder/realise I am doing this so I can challenge each contract separately (and rightly so) What are your thoughts?
  16. 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.
  17. 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
  18. 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
  19. 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?
  20. 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
  21. 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.
  22. 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.
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