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    • Hi, this is my first time posting here, I hope Im posting at the right place. This is a long story... prepare for a long read! I hired a local painter & decorator (lets call him Painter R, R stands for rogue lol) back in late July to do the work in my house. The work includes painting of the ceiling and walls in the house, and also fixing a ceiling of the extension (where the old conservatory is, the previous owner made it into an extension. It was leaking at the extension, the ceiling was therefore taken down before for two months to let it dry up, and I needed someone to put it back). I asked "Painter R" what kind of paint is he going to use, he said he is using Crown paint. I asked him is it good paint, is it durable, resist to mold, resist to acid (I meant to say corrosive, but mind my English), and he said yes. My house is not a very small house, its a 4 bedroom house. The whole job was £4650, and I accepted the quote since I wasn't able to find anyone else at that time. The work began at early August, "Painter R" sent 2 boys to come and work on my house. The work was delayed for a bit, and eventually took two weeks, but everything "seemed" fine (since I am no expert, i didnt really know what to look at, as long as the painting seems ok, ceilings put back, I was "fine" with it. I did point out some small things out and they did fix them/they said they would but sometime they didnt and I had to tell them again), so I paid the full amount with direct debit when the job was almost all done (Painter R called me up to urge me to pay, stating that he will have to pay the guys "tomorrow", since he and his guys were pretty friendly so I did it, what a BIG MISTAKE I did).   There were issues with them, including I asked them to fit some of my blinds back, but they did not put any of them back, and also thrown away the brackets, at first he was trying to make me leave it, stating he doesnt remember me asking him to put any of them back. Luckily, I stated it in the text messages that I wanted some of them back, so he sent someone back to fit some of them. And made a deal with me that he is not charging me for an extra hole that needed to be filled, and a piece of wood that they put back (but was not very well done, another trader who, I found later on, agreed with me), so that they will not come back to fit one set of blinds back (which originally, fitting back all blinds is part of the job), however, I accepted it because the conversation was getting nowhere. Two weeks after the ceiling was put back, there were cracks and bulges appeared, I called them up, they came back to fix it, cracks still exist afterwards, so I called them up again, they came back to "fix" it again. This time, the guy used a lot of fillers, making the ceiling an uneven ceiling to try and cover up a crack, but still, the crack exists, even to this day. Worth mentioning is that, the paint that he mentioned they would use is Crown paint, but the paint that the guy left behind after fixing the ceiling, is just cheap paint that you can buy from B&Q. Now, here comes the real problem. Around 30th Sep I had cleaners to clean the house for me since my carpets are being fitting on 6th Oct, it was found that the paint can be washed off, just by gently rubbing it with water using fingers, and the paint could be seen dissolves on fingers! I called "Painter R" up, and was told that he was not in the country. "Painter R" finally called me back on 5th Oct, he said he never stated what kind of paint he would be using, and he said this is what he meant about wipe-able and non wipe-able paint, (in which I dont really remember he told me anything about it, but even if my memory is messing with me, that he really did talk to me about this and even, lets say, recorded it, since I am no expert/professionals at painting, I would think "wipe-able" meaning "the paint can be wiped with a damped cloth without any problem", and "non wipe-able" meaning  "the paint will not be wiped off by a damped cloth", who would expect the paint to be washed off just by water?!?!) He said things like, he has painted a hundred houses like that, its a standard paint to be used in all new builds in England, etc. He was very rude on the phone, stating he "even used a wipe-able paint for me in the kitchen and dining room and bathrooms already", but I found that the paint at the two small rooms (one bathroom, one toilet), can also be washed off easily. So he said he will send someone to paint those two rooms with the right paint that Saturday (9th Oct), nothing more. He said there is no way he is going to repaint the whole house for me. So I said to him "my carpet is being fitted on 6th, what if any paint dripped on them?". He said "Im not going to do anything after the carpet is fitted, or you will find the slightest thing on the carpet and charge me for it." The conversation went on, eventually he said, "Im not going to do anything after the carpet is fitted, you had your chance, good bye." and he hung me up! I called him back straightly, and he said, "So what do you want?" I stated I still needed those 2 rooms fixed, so he said he will send someone to paint those two rooms with the right paint that Saturday, and he wont guarantee anything about making my floor dirty. I accepted it. Then I called up citizensadvice, and asked them what to do, then followed some of their advice. I quickly found a trusted trader from a website recommended by citizensadvice, and talked to the trusted trader (Lets call him "Trusted trader A"). He was a kind gentleman who listened to my problem, and he quickly identified that the paint they used, was very likely cheap contract matt, which is not suitable for a redecoration job like in my house. He told me to use a silky, soft cloth damped with water, to wipe the walls left to right for around 10 times and see what happens, so I did, with a car washing cloth damped with just cold water, and the paint was being washed off everywhere (apart from Kitchen, Dining room, utility room and the main bathroom)! I told "Painter R", "I am already seeing the old blue paint on the bathroom wall just after 10 seconds of gently wiping with a damped cloth", he told me to "stop wiping the wall, now you are damaging it" I told "Painter R", "you did not apply primers before using that paint on top of it". He answered: "There's no such thing as primers for walls! You do not know what you are talking about I'm afraid"   On 6th Weds, "Painter R" said he has given the paint to his painter for Saturday morning (9th Oct) and the painter will be there at 9am. I asked "Painter R" what kind of paint he is using this time, he mentioned the name of a paint which "trusted trader A" said should erase the problem. I asked "Painter R" how many coats is he applying, he said only 1, I asked why not 2? (because 2 costs is always recommended) Guess how he answered me? He said "If I get anymore messages no one is coming on Saturday". So I stopped texting him as advised by "Trusted trader A". I also sent a formal complaint letter on 7th Oct to "Painter R" through email, stating Consumer Rights Act 2015 in the letter and mentioned that he can continue to perform the fixings that he is going to do that Saturday, also stated about what other things I wanted, asking him to reply me in 14 days. He never replied, and no one ever came on Saturday 9th Oct. I texted both "Painter R" and the worker who "Painter R" said would be coming, none of them ever replied. I havent been in touch with them since. I paid "Trusted trader A" to come and have a look at the house on the following Sunday morning 10th Oct, and he wrote me a report and gave me a quote (since I needed quote from at least 3 traders.) "Trusted trader A" pointed out 3 things in the report: 1: The walls prior to painting could have been a sheen finish and may have required a primer to stop the penetration occurring now, there are plenty of primers on the market  2: Preparation could be an issue, if the walls had been abraded off using grade 120 sandpaper to key the surface down prior to application of paints and a Vinyl or Durable Matt used  3: The product used looks and feels like a contract Matt product, which would normally be used on new plaster finish and would not be recommended for a redecoration product. Trusted trader A" Also stated that the quality of the work in some areas was not very good. I also found another trusted trader from another trusted website (Lets call him "Trusted trader B") "Trusted trader B" pointed out a lot of things that were not done right by "Painter R". He said similar things as "Trusted trader A", stating that the work was done poorly, preparation was not done properly. He stated that, some people would ask for contract matt to be used because its very cheap. However, for a 4650 job, it really shouldnt be contract matt unless you specified you wanted contract matt (which I obviously didnt). And the ceilings that was put back by "Painter R", was not done right, no metal corners were used, and hence why the corners dont look straight. I also found that all the ceilings in the house is painted with contract matt, and can be wiped off easily using a damped soft cloth. Im getting 2 quotes for the paintings of walls and ceilings from the two trusted trader. (as I was told to get quotes from 3 traders.) but for now, I am only able to get 1 quote for the fixing of the ceiling from "Trusted trader B". Following the advice from citizensadvice, I should be writing a letter with more serious manner 14 days after I sent the first. With the average of 3 quotes attached which I am still yet to be able to find. If the trader still do not reply me 10 days after that, Ill have to go for the small claim court.     After the long read... I would like to know, what else should I do next? Is it likely for me to win the small claim case? I really need some help and advises here.
    • Hi Guys, I have made the changes.  Thank you so much for your feedback so far it has really helped.    To whom it may concern.    Thank you for your letter of claim. I can now officially respond and highlight your clients very shady, immoral and borderline unlawful operations.    It has become very apparent that the whole process is set up to pressure me and other motorists into paying trumped-up “invoices” without a second thought. This is definitely not going to happen in this case!     If you had taken the time to do your due diligence, you would have realised that the whole case is fundamentally flawed and an absolute joke from beginning to end.     Your client’s shady operations have been widely publicised in the area and laid out in black and white in the Stoke Sental for all to see, plus a few pictures thrown in for good measure which are safely in my possession.  Does the name Nick Cartlidge ring a bell?   The local MP is now heavily involved, publishing an open letter and taking this matter to the highest level. The whole situation is just a big mess for G24 and continuing this way is just making it worse.    Your client can either drop this laughable case immediately, or I will use the mountain of evidence I have against you and proceed to take the matter further.     Yours sincerely
    • "DPDGroup UK Ltd" has finally replied and defended the case as expected.   I have till 21st November to reply.   The defence seems similar to others where they are claiming to have no liability as I have not contract with them directly but as I have learnt from the forums here that the Contracts (Rights of Third Parties) Act 1999 gives me the right to claim directly against a company because I enjoy all the benefits as a 3rd party as I'm the beneficiary from that contract.   Just looking at the next steps on gov website it's asking me to choose the closest court to me which is "Clerkenwell and Shoreditch County Court and Family Court" but having a look at reviews on Google dosent seem like a very good court with bad service etc I dont think that dosent really matters, but just trying to make sure everything's proper before proceeding      
    • post their up to one mass pdf pleASE   dx
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Hillesdens updating file yet have no info


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Hi

 

I have been having problems with Hillesdens updating my credit file on a monthly basis. This is negatively affecting my credit score. As i do not recognise the debt i wrote to them to supply evidence of what this debt was and that they had a legal right to claim this.

 

The original letter was sent to them on the 15/09/07.

 

They replied with a letter stating that they could not find the information that i had requested and that they would update in 21 days. This they did updating with exactly the same letter every 21 days, stating they can't find the info but will update every 21 days.

 

The same letter has now been arriving on my doorstep evry 21 days for the past 11 months.

 

I have had many things to do recently and haven't found time to sort this out, but i now have the time, and want this removed from my credit file asap.

 

Can anyone advise on the best course of action. Or the best letter to send to Hillesdens to make them remove all data that they have been falsely giving to CRA's.

 

 

 

P.s i have kept every single piece of correspondance.

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Hi,

If Would be sending them a prove it or bog off letter along with a s10 data protection notice to stop illegally processing your data as you haven't given them permission to do so.

Don't phone them but send the letters recorded delivery and do not hand sign your letters, just print your name.

If you haven't done so yet, get an updated copy of your credit file then get the CRA to put a notice against any bad markers on your file.

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks.

 

What kind of thing do i need to say in the 'bog off' letter (other than bog off!)?

Where can i find this s10 form, and what exactly is this?

 

I shall have a look myself to see what i can find out, but any help is appreciated.

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Also is there a way to force Hillesdens to remove all info that they have given to CRA. I don't see why i should be the one doing this as it is them who have been giving info that is incorrect.

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Give me a few minutes

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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One prove it letter. Just copy and paste it to your word processor then edit it to suit.

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

 

 

 

And one S10 notice

Dear Sir/Madam

 

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

 

I refer to your recent admission that you cannot supply me with a copy of a Credit Agreement signed by me

 

At NO time have I given my written permission for you or your company to process my data

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

 

Failure to remove ALL my data from your databases and from ALL Credit Reference Agencies will result in a formal complaint to the Information Commissioners’ Office.

 

Yours Faithfully,

 

 

Make sure you edit out anything that doesn't apply and make sure you send them recorded delivery. Keep all receipts and after a couple of days go to the post office website and do a track and trace which will tell you when it was delivered.

 

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Don't forget. Recorded delivery. You don't want them denying they ever got your letters.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 3 weeks later...
  • 7 months later...

Update on this issue:

 

I sent a letter to Hillesdens including the s10.

 

Basically due to Hilledens not holding any data that connects me to this alleged debt, they were sending letters every 21 days saying they were still looking for them. This was going on every 21 days for about a year (see above for full details).

 

The latest development is this:

 

On the 24th March Hillesdens sent a letter stating:

 

1. Our client, Barclays Bank Plc, is unable to provide a copy of the documents requested under the Consumer Credit Act 1974.

2. Consequently, I can confirm that all enforcement proceedings on the account have been stopped.

3. Please find enclosed £1 postal order for your request made under the consumer credit act 1974.

 

That i assumed, would be the end of the matter. However they have today sent a letter with an Annual Statement of Account.

 

This states that i still owe this money, and that it is in default. As well as the various means that i am able to pay.

 

The statement period is dated 01/10/08 to 01/09/2009

 

Obviously i am going to reply with the letter they had previously sent stating their previous letter. Can anyone give me an idea on how i can esculate this to ensure these idiots get the message.

 

Thanks

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Hi,

I would send them a copy of the letter you received on 24 March.

They obviously have problems with joined up thinking :rolleyes:

tell them not to bother your letterbox with their rubbish until they have something to work with

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Get in touch with the CRAs and ask them to remove the defaults as Hillsden had no authority to put them there. If they do not do so, make a formal complaint to the Information Commissioner that Hillsden have been emtering defaults on your credit reports when they did not have your permission to process your personal data.

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Thanks for the comments so far.

 

I am going to send Hillesdens a letter, and refer them back to the letter that they had sent out saying that the account had been stopped. What i want to know is who can i threaten them with so they get the message? Would it be the information commissioner, or someone like the OFT?

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