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    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
    • hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks   PCN final reminder.pdf pcn original side 2.pdf
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Kitchen Fiasco


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Have you not got any room in the rest of the kitchen to put a drawer pack? Is the gas tap protruding to far into the cupboard space to have drawers?

I have a water valve behind my drawers. We cut out the back of the base unit to expose it and the drawer pack closes ok.

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Have you not got any room in the rest of the kitchen to put a drawer pack? Is the gas tap protruding to far into the cupboard space to have drawers?

I have a water valve behind my drawers. We cut out the back of the base unit to expose it and the drawer pack closes ok.

 

No unfortunately this is the only place a draw pack can go. It's not the only issue however. Because the oven can't be moved to the right, the fridge can't go where it was supposed to anyway.

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Normally you would need to give this company chance to fix any problems but as I see it they have failed to provide you with goods and services as agreed and are unable to do so.

 

I have many years experience in the kitchen industry and I cannot for the life of me understand why the surveyour took 5 hours to conduct his survey and get it so wrong. What did he do for 5 hours?

 

When I did a survey I opened every cupboard to check for taps, valves etc A lot of kitchens have soil pipes in the corner of rooms that prevent a built in appliance going there etc

 

These are basic checks:confused:

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basic checks that a designer should've spotted in 4 hours and a surveyor in 5? Plus they whole fridge/oven thing would've been an issue even if the tap wasn't there. This is why we feel we're in a good position. Mrs Fed_up_uk and I are both self employed and have lost a lot of time and money what with subsequent visits and deliveries etc.

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Ok, spoke to Consumer Direct and also took their advice. Another letter had gone off by special delivery requesting the same things to be addressed as the first and advising them that we will be seeking consequential damages. They have been giving 7 working days to address the issues before we take legal action.

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1stlifeline if your around. Do you know what the implications are of having the fridge next to the oven? I was told there is no way of fixing the supports required to stop the oven from falling out when you open the top oven. Is this the case or is it simply a heat exchange issue?

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Aaagh, Just had another phone call asking if the Surveyor can come round to discuss things, take some photos etc. He mentioned it's general practice not to give the deposit back if as the contract states "The installation cannont go ahead due to technical reasons"

 

How is that fair?

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Might as well update this while I'm here.

 

Kitchen company called me again on Thursday evening to arrange coming round this Wednesday to "sign everything off". I said I would be in at around 6:30pm which seemed to upset the guy as he said "can't you be there earlier, I've got to drive 'up north'" I said "no, I'm working and you can leave whatever documentation you want for me to look over but I won't be 'signing anything off' until it's been legally looked at"...This also seemed to upset him!

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Yes, as long as you don't post anything libelous.

 

For example: "XXX company are a bunch of crooks and rip-off merchants" wouldn't be allowed, but "XXX company didn't do what they were contracted to do" is. (if that makes sense)

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Might as well update this while I'm here.

 

Kitchen company called me again on Thursday evening to arrange coming round this Wednesday to "sign everything off". I said I would be in at around 6:30pm which seemed to upset the guy as he said "can't you be there earlier, I've got to drive 'up north'" I said "no, I'm working and you can leave whatever documentation you want for me to look over but I won't be 'signing anything off' until it's been legally looked at"...This also seemed to upset him!

 

Ok, time for an update, had a phone call from the representative of the kitchen company just before 7pm last night (Tuesday) stating that he was still coming to see us 6:30pm on Wednesday and that he had a response to our letter and he would arrange for it to be emailed first thing so that we could read and take it in before he arrived. I waited all day today and there was no email sent!!!

 

I was home from 5:30 onwards and when 6:30pm came around, he didn't show...no phone call..no appearance...nothing. So at just after 9pm tonight I checked my email and I've received an email from him at 18:29...no text, instructions or apologies just a word document attachment with the following text

 

"Dear Mr xxxx

Further to our telephone conversation of Tuesday 25th March 2008, I can confirm that I have been able to review your file and can confirm that I am in a position to offer the following remedies in an effort to overcome the problematic Gas supply pipe situated on the proposed oven and hob run detailed on your kitchen plan.

Option1

 

Arrange full collection of the Kitchen supplied by

Refund Kitchen Deposit in full.

Cancel credit agreement between and .

There would be no offer of compensation based on the fact that

the gas valve is part of the main service structure into your property.

Option 2

 

Re-Design entire layout offering drawer line as an option where

Possible, collect unwanted items and deliver replacement parts.

 

 

Option 3

 

Install kitchen as detailed on original survey plan, with the

Customer arranging relocation of Gas shut off valve through

Transco."

 

 

 

That's it...nothing else...no idea why he didn't turn up. Any thoughts?

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Hmmm. Well all options do seem to be reasonable in that the just about comply with rights given by law.

 

I'm not an expert on kitchens or plannng, so could not say whether they should have noticed this (I would hope so) or taken it into consideration.

 

You could accept option 1 and pursue compensation through the courts. Options 2 and three require that you trust them to do the work properly this time. I might be minded to go for number 3 but telling them that the least they could do is arrange for the pipe to be relocated at their expense as compensation.

 

You could also insist that they shoudl hav noticed this anyway, and the negligence is down to them, therefore they should offer more. I woudl certainly write in with a counter-offer, citing the failure to spot this as he reason for the saga in the first place.

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Options 2 and 3 are not suitable...would you let these people back to your property to carry out work?

 

Option 1 is what we request a month ago now but was told plainly "That's not something we will do" hence we are where we are today.

 

As for compensation, we're not after that, we are after consequential damages which is different.

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1stlifeline if your around. Do you know what the implications are of having the fridge next to the oven

 

Hi, Sorry only saw this today. I have been away for a few days. The oven and fridge should not be next to each other for both the reasons you have given. I would certainly NOT let this company do the work. If the planning consultant is making such basic errors it dosnt instill much confidence in the company as a whole. How he could miss that pipework I will never know.

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