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    • Dear PIXeL_92 It has been explained to you in previous correspondence that the roof tiles that are the subject of your complaint, at the time of inspection were heavily covered in moss. It is in your agreed terms that the surveyor will not carry out an asbestos survey and is not required to scrape away moss if the surface below is obscured. The surveyor will carry out only a visual inspection and comment on defects visible at the time of inspection. Roofs can fail at any time particularly in periods of inclement weather. As stated in your report, the surveyor confirmed that the roof was in a satisfactory condition at the time of inspection therefore would not require replacement in the immediate future. The subject building is a utility building and is not a habitable room of the main property. As previously explained, tiles on an outbuilding of this nature would not affect the property value. You state you would have factored in the cost of removal/replacement into the purchase offer however as advised at the time of inspection the tiles were in a satisfactory condition and you have not sought to replace the tiles in the three years following the date of inspection. This confirms the comments provided by the surveyor. You have previously stated that the roof became damaged due to high winds and the roofing specialist you instructed to replace the broken tiles made you aware of the possibility that the tiles may contain asbestos. However, you have not yet had the tiles tested to confirm the presence of asbestos. Our surveyor revisited your property and confirmed that you have had the damaged roof tiles replaced. A roof that contains asbestos will only become a health and safety risk if it is disturbed and it therefore seems odd that the roofing contractor was happy to replace the tiles if in fact asbestos was present. We understand that raising a complaint and progressing to legal action as you have suggested you wish to do can be a lengthy drawn-out and expensive process with no guarantee of success. If necessary, we will notify our legal team to address this matter on our behalf however, we are happy to attempt to settle this matter in advance to avoid prolonged communications and extending this matter for many more months. In an effort to conclude this matter to the satisfaction of all parties, we shall increase our goodwill offer to £500 in full and final settlement of this matter. This offer will be available until Thursday 27 August 2020. There will be no further offers made after this date. I look forward to your response. Yours sincerely, Walker Dunn MRICS
    • Sorry for the text heavy post, we are getting nowhere with them, I need some help deciding our next steps, I have a couple more emails as PDFs that I need to attach below.   Dear PIXel_92, We confirmed in our previous email that our offer would be made available until Friday 14 August 2020. This offer was presented as a gesture of goodwill based on the information you have provided in support of your claim. Thus far, we have not had sight of a Specialist Report confirming the presence of Asbestos or quotations for the required works. Since you have not furnished us with any additional information we are unable to provide any further comments on the matter at this time. If you’re able to provide the requested information we will be happy to review the matter and discuss it further with you. Kind regards, Customer Relations ************************************************************************************************************************************************************************************************************** Dear Walker Dunn,   I have on two occasions offered to have it tested further than a visual inspection but if it comes back as asbestos you cover the costs, you asked me for the costs involved in getting it tested and you neither agreed to nor declined to cover that cost if it came back as asbestos, again I am happy to have it tested but if it comes back as asbestos to have those costs covered.   I have sent communication from a roofer on headed paper confirming they belive it to be asbestos but they aren't registered to remove it.   I am happy to get three formal quotes written on paper and provide them, I have spoken to a roofer that deals in asbestos that was here to do another job at the time and he said just going off rough size it would be approximately £2000 to remove the roof and dispose of the asbestos. I will get some quotes over the next week and get back to you with them.   Regards ************************************************************************************************************************************************************************************************************** Dear Walker Dunn,   Could I please get confirmation regarding if you are going to cover the cost of testing if it does come back as positive before I go ahead with it.   I now have 3 quotes for removal of the asbestos too.   My solicitors has also forwarded me this to read through, https://www.rics.org/uk/upholding-professional-standards/regulation/how-we-regulate/disciplinary-process/panel-hearings/disciplinary-panel-hearings/walker-dunn-limited-and-colin-walker/.   This will be our next step going to the RICS / property ombudsman as we seem to be getting nowhere and it has been going on for some time due to you not answering the above question.   If you don't answer it we can get it tested and look at legal action to recover the money at a later date if that's how you want to do it.   Regards **************************************************************************************************************************************************************************************************************  
    • So you did...should have gone to specsavers......so as this debt is in your name only only a restriction type K can be placed on your share of the equity.   You have still not explain why " you dont actually own any equity "...you can PM if you rather this was not divulged on the open topic....as this may be important and possibly stop any interim charge.....subject to your response.
    • unfortunately, under the statute of limitations Act, that has has been around for probably +100yrs, yes.
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Hi Beachy,

 

 

Isn't this statute barred by now? I know this thread started over six years ago. When did you make the last payment?

 

 

Generally when they are offering big discounts it's because they know they haven't got a leg to stand on.

 

 

Anyway if it's not SB I can give you some ideas for your letter.

 

 

DD

 

Hi DD,

 

Hope you are well, any other original Cap1 fan club members around :)

 

Not quite six years from last payment, but its so close to SB (weeks not months).

 

Beachy

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Hi Beachy,

 

Time to stay quiet maybe, until SB becomes your friend.

 

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Personally I'd drop them a very simple letter saying that despite numerous requests to Capital One they failed to proved a copy of your alleged credit agreement and can they provide one?

 

 

I don't think they'll do anything and I think it's a last ditch attempt In your personal situation even if they took you to court and won you could then ask to pay them off at £1 a week, but really I don't think they would do that.

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Beachy,

 

 

I've just seen your second post. I'm not certain about other members of the Cap1 Fan Club but honestly that thread really taught me so much and made me fight back. Such a pity we'd didn't get our day trip to Capital One to meet Ellie! I was so looking forward to the Cream Tea you were going to bring, and I think the rest of us were going to bring so much wine and champagne we'd have had difficulty standing up.

 

 

DD

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Beachy

 

Very very very last thing I'd be doing in your situation is contacting Lowell. I see you're even reading a sense of "escalation" / "up a notch" into their drivel. The only escalation is of their desperation. It's just a standard template at the end of their letter chain.

 

Don't draw attention to yourself. Lie low unless a claim form arrives. 'Twould be easy to defend as they have no compliant CCA. Even easier if S B. However the lack of a CCA makes it most improbable that they would even try.

 

Just my opinion, but total silence is a tactic which worked eight times for me with Lowell - some of the "accounts" being five figure sums.

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Hi BeachySorry to hear you still getting hassle from Capital one ,How long has your dispute been going on now with Capital one? 5 years or six?

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Oh i see Desperate Daniells has made the same observatiion! Like her was wondering if it statue barred

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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The beauty of staue barred that is there are no arguments the DCA can use! Statue barr is a complete defence in itself and once the statue bar date passed iso I understand the debt can not be reserrectued in anyway after the staure barre date passes which i believe is 6 years one month,! Also even if any payment or acknowledgement of debt takes place after statue barr date passed it remains staue barred.Correct me if i am wrong on any of these points as i am of course not legally trained!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Thanks for all the advice, see what their next letter contains.

 

Sunflower, great to hear from you, its been a long time :wink:

 

I seemed to have been forgotten by C1 when most of the fan club got 'sold off', its been very quiet - not a single contact from C1 until end of last year when lowlife appeared.

 

Not quite SB yet I'm afraid, over 6 years since DN but silly me sent a few payments before I realised the issues.

 

How did you get on with yours?

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Hi Beacy so sorry to hear that.As you say you were trying to be reasonable with them and its never clear to know what to do for for best at time.Still as you say they dont seem to have a leg to stand on and as we say it will eventually become statue barred and then you can just ignore the threatograms!

Edited by sunflower99
missed word

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Though Beachy I think when it does become sb you will miss those lovely exchanges with Lowells and other capitalpond feeders. You will not know what to do with your extra time! LOL

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Mine is now SB

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Sunflower, I still follow older threads like yours and as I have just received a letter from Crapital One too after nothing for ages and ages. It occurs to me that perhaps they start putting the pressure on when statute barred time is approaching? I will ignore as I hope you will and wait in my case a few more months.

All the best, Exchange

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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  • 2 weeks later...

Hi DD,

 

If only things were quiet :-)

 

Getting a letter every two weeks without fail.

 

Latest one was from their 'pre litigation department' informing me that their 'assessment' of my financial status is now complete, and as I'm working (I'm not - State Pension only) and have other credit products (No I haven't) County Court is a realistic option.

 

But then it goes on to say 'We are happy to agree with you any amount you can afford to pay by instalment's.

 

Best regards,

Beachy

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Hi Beachy,

 

 

I think you'll be okay because you've said your property is rented, and they've said they'd accept any amount by instalments which means, I always think, "Please give us anything. Anything will do."

 

 

I think it's more dangerous to ignore them if you own a property because Lowell just love issuing Statutory Demands in an attempt to avoid having to prove the agreement is enforceable by issuing a normal Court Claim. Usually these Statutory Demands can be defended successfully but I'd rather not let them get that far, and by arguing the toss I got them to drop it and didn't have to worry about it for six years.

 

 

DDxx

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Hi DD and Exchange nice to see you on these threads too! Exchange as you said these Dca seem to renew their interest in thier victms just before it becomes SB,I heard from them about 7 months ago! I just ignored them and they necer contacted me again.Now I can safely say that mine is well and truely SB,So now if they ever write to me threatening legal action they will be met with the SB letter!The cca argument no longer relevant as SB a complete defence

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi sunflower,

 

 

So glad you are out of it too!

 

 

Like you I'm either SB on some accounts or counting the days on the others to default dates, but some of those were put on very late and as it's well over six years and several months since the first missed payment dates I'd argue SB on those if I had to.

 

 

DDxx

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Hi Beachy .I dont think you need to worry too much. I am sure that no DCA in their right mind would issue a court summons or a SD as you are not a home owner and have nothing of value and on a low income .So there is nothing they can sue you for or take.I am sure even if you did not have the invalid CCA argument they would stilll not want to issue legal proceedings against you.It is home owners or people who have assets who need to worry more.

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Thanks DD & Sunflower,

 

That's reassuring :)

 

I'm still tempted to fire off a 'go away' letter, can afford a few stamps for letter tennis as SB date is looming - just concerned that ignoring them full stop could bring BC into play.

 

Beachy

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Hi beachy,

 

 

A Pre-Legal assessment isn't the same as a Letter Before Claim so I think you are okay. As Sunflower says, if they know you don't have a property and are living on a pension I don't think they will want to spend the money on a claim. Even if they won you could ask the Court to let you pay it off at £1 a week and it would take them years to get their legal fees back let alone the alleged debt.

 

 

Did you respond to any of their letters at all?

 

 

DD

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Thanks DD,

 

I've ignored all their letters & threats up to now

 

What I cant fathom out is how they claim I'm still working? If they have carried out checks like they have stated, then they know I'm well passed retirement age :)

 

Beachy

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Sometimes I don't think they check anything - they just say they do.

 

 

This last waiting bit is awful. I have one account where they didn't default for months after the last payment. I really think there should be legal clarification on the six month start date for SB. NDL and Stepchange websites both say something different.

 

 

Hang on in there!

 

 

DD xx

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  • 1 month later...

Well no letters from lowlife for a month, last one offered a discount of 75% :shock:.

 

However, my credit score has recently dropped, the only thing that has changed is that lowlife made an 'Administration Review' search.

 

According to Noddle, this search can be seen by third parties & can effect applications for credit.

 

BC

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Lowells are such a stupid company, 3 years ago I had no choice but to go Bankrupt through a DRO (Debt Relief Order) which is where your debts are under £15k and you have no assets as such. The insolvency office accepted the application and that was that........a year in Bankruptcy and then cleared but the DRO stays on your credit file for 6 years. About a month after the DRO was accepted Lowells were sending me letters which at first I ignored, (none of the others sent anything) then they got to 2 a week so I telephoned the Insolvency Office and explained what was happening with Lowells, they asked me to send the letters to them and they would sort it out for me.... Only after the IO sent them a letter (I got a copy somewhere, but just moved house so you can imagine the chaos) and boy did they rip into Lowells and even threatened to take them to court as they were abusing their powers and god knows what else... I don't know why but the letters stopped after that...... seems Lowells are the worst of the lot wheb it comes to common sense.....

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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