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    • Ok here is the preview please let me know if it looks good or need changing for security i remove my details and address     IN THE COUNTY COURT SHEFFIELD     CLAIM NO:   BETWEEN    HX PARKING LTD (CLAIMANT)   And                                 (DEFENDANT)   CONSENT ORDER   Upon the Parties having consented and agreed to the judgement set aside.   IT IS HEREBY ORDERED THAT   - The judgement dated 9th of June 2021 be set aside. --------------------------------------------------------------   HX Parking LTD 161 Preston Road, Lytham St Annes FY8 5AY                              
    • I agree with all that.   Can I just add that I've gone through the defence again and tried to make a bit more sense of it - and perhaps try to address or skip over some of the questions asked by FTMDave.   Can I make clear I am not criticising what FTMDave has already done - I think that was a great job.  It's just that I have found the OP's explanations still very unclear and difficult to understand so I've tried to make more sense of it.  If what I've done is just making the whole thing more complicated and confusing then by all means ignore it.   Bits I suggest deleting altogether are struck through.  eg this   Bits in red are my suggestions/improvements.  (Or maybe they make things worse!)   Bits in blue and bold are my questions.   Whether this is really an improvement or not I don't know.  Feel free to ignore...   ===============================================================================   1.      In this Defence:   a.       References to the paragraph numbers are in reference to the paragraphs in the Particulars of Claim issued on 25/02/2021.   b.      A matter that is not admitted is a matter which the defendant is unable to admit or deny and requires the claimant to prove.   c.       The defendant adopts where appropriate the abbreviations and terms in the Particulars of Claim for convenience only and without making any admissions thereby.   2.      The defendant admits paragraph 3.1 of the claimants claim.   3.      The defendant denies paragraph 3.2 of the claimant's claim. The true agreement between the parties involved the defendant and claimant agreeing that the claimant would undertake building work (Project 1) at the defendant’s property in relation to 3 specific areas. These were; and named Project 1   a. To underpin the bay window at the property, b. To repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   4.      During the process of the contract agreement above   Subsequently the claimant was also engaged on further work to do the attached on 07/09/2020 for a total amount of £2,580.00 called (Project 2).   5.      In relation to the installation of a new beam and the above this work was agreed between the parties  It was agreed between the claimant and the defendant that Project 1 was to be carried out under the instructions of a structural engineer engaged by the defendant. It was agreed between the parties that the claimant's work would be as a result of instructions received following the structural engineer's assessment of the property.   6.      Between June and July 2020 the defendant provided the claimant with a full copy of the structural engineer's report which detailed instructions to the claimant for the works to be carried out.   7.      It was agreed between the parties that the works would commence on 13/08/2020.   8.      It was agreed between the parties that the total sum for the completion of all the claimant's work regarding Project 1 would be £4300 called project 1.   9.      It was agreed between the parties that the claimant’s fees for the work would be paid through three instalment payments. The first payment would be made at the start of the claimant's work. The second payment would be paid at the halfway point of the claimant's work. The final payment would be made on completion of the total works. As such three payments were to be made each of £1433.33.   10.   The builder arrived at arrived at work at 2pm on 13/08/2020 when a contract agreement was drawn up. A cheque for the first payment was issued on the day and he worked for two hours.   11.   On 24/08/2020 the builder approached me to book an appointment with the building inspector to inspect his work as the work was approaching midway and he would need the mid-way agreement money, I obliged and a second cheque was issued. He had carried out about 25 hours of work time in the property, attached is my diary of his work. The appointment was confirmed with the building inspector and builder the informed.   12.  The building inspector showed up and but the builder, having promised to be there, was absent.  The inspector walked around inspecting inspected the builder’s work and making comments in anger was obviously displeased by the standard of work.  I called the builder and pass the phone to the building inspector.  All I heard from the inspector was “Do you know what you are doing", repeatedly, “why are you not here you knew I was coming?” followed by describing the mode of doing the work to him. After the conversation with the builder he then asked me for a piece of paper and he started to explain the process which might be useful to the builder when he came.  The inspector spoke to the builder by telephone, asking him why he was absent and questioning him about the work he had done.  The inspector then gave him some instructions over the telephone also and left a list of instructions with the defendant to be passed on to the builder.  The building inspector then said he would be getting in touch with the structural engineer with his findings and the defendant should hear from the engineer soon.   13.   The builder came late that afternoon and I handed him the paperwork given by the building inspector and the builder assured me he would sort it out, that he now had an idea how to go about it, to which I said the inspector would communicate with the structural engineer who would be contacting us so he should wait and he agreed.   14.  The structural engineer visited and recommended piling to complete the underpinning.  The builder then said that he did not have the appropriate tools for piling.  It was suggested to him that tools could be hired, but he did not respond. “But you can hire them most people do.” There was no answer. The structural engineer then introduced another tradesman who was able to do it for £3,000.00 and I paid the that tradesman to do the piling.   15.    The defendant explained to the claimant that that £3000 would have to be deducted from the agreed price for Project 1 as that work had originally been agreed in that project.  I then turned to my builder after payment that you are now £3,000.00 in deficit but we will sort this out after the rest of the work is complete.  [Is all of that true?  I don’t know.  Is there evidence it was included in Project 1?]   16.  On 02/09/2020 he the claimant asked for more work to cover his losses having paid lost the £3,000.00 for underpinning to another tradesman.  I agreed and I asked him to price the job. His quotes were outrageous.  Little did he know that I had had quotes from other people and the internet.  e.g. he quoted me £1800.00 to plaster three rooms as against another plasterer who quoted £850.00. When I showed him the plasterer's quote, he was not shocked, I told him that, because he was on site I would pay him £900.00 final and he accepted. See attached builder quote for Project 2.  [I think that is all waffle and I don’t understand it]   16.  The claimant asked if the defendant needed any more work to be done and, despite the problems encountered on Project1, the defendant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580.   17.   For this reasons the builder was able to obtain a second contract from me for the amount of £2,580.00 signed on 07/09/2020 which I called Project 2, being, I believe the only way I could compromise the £3,000.00 paid to the tradesman. Again the contract agreement was identical to the initial contract for £4,300.00 (Project 1).   [I don’t understand this paragraph.  Delete it?]   18 17.  Both the initial project 1 and project 2 started to go badly and I made several complaints to him, e.g. bad pointing.  His response was all it needed was a good wash down and this bad pointing remains so to date not washed.  As work commenced on Project 2 and continued on the remaining work for Project 1, the defendant had occasion to make several complaints to the claimant regarding the standard of work   19.  18.  Around 15/09/2020 barely a week the builder had got the project 2 job, he was trying to ask for money for project 2.  Barely a week after starting on Project 2, the claimant demanded payment.  After a period of negotiation I agreed to pay him £2000.00 on 18/09/2020.    20.  On 18/09/2020 I handed a cheque for £2,000.00 to the builder.  He insisted on payment in cash even though my previous two payments had been by cheque.  I was only able to withdraw £1500.00 which I paid him.  The atmosphere was extremely hostile and under a steam of pressure I mistakenly wrote that the contract was agreed as £2,800.00 instead of £2,580.00.  However, balance at completion was correctly indicated at £1080.00.   [Way too complicated to follow.  Delete?]    19.  I paid the claimant £1500 in cash.  We agreed that this left a balance outstanding on Project 2 of £1080.   21.  We both signed the contract.  The builder left.  Later we saw the builder and his colleague on my CCTV camera walking away with my steel beam that had come off lintel. When I rang him and told that I had seen him on CCTV he admitted what he had done. I have now included the cost of the pair of the steel beam in my schedule of loss.  He charged me for work during which he stole my material to do the work without refunding the material used. This was the beginning of my dissatisfaction with the builder.   20.  It came to the defendant’s attention that the claimant had removed material (including a steel beam) from the defendant’s property that the defendant is clear either belonged to the defendant or had been paid for by the defendant in connection with Project 1.  When challenged the claimant admitted he had done this.  The defendant has included the value of this material in his counterclaim detailed below.   22.  21.  On 21/09/2020 I highlighted and sent a snagging list to the builder.  On 26/10/2020, he sent somebody to my house to clean up plaster damage to the wall and to the living room laminated flooring almost four weeks since he had last worked on the house.  The person he sent made a mess of the job.  I then updated the snagging list and gave a copy to his colleague who was doing the cleaning to give to him and emailed him a copy and sent copies by post to his address.  Over a month later he sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant   23.  22.  The next contact with the builder was on 12/01/2020 when I saw a note on the door demanding  he demanded 2,800.00. to which I immediately responded in my letter dated 17/01/2021 for asking him to explain how I owed the that amount as all that had been agreed as outstanding on Project 2 was £1080. so that I can deal with his claim. As I had no response from him on 05/02/2021 I sent him a recorded delivery pre-action notice.   24.  23.  The claimant builder then acknowledged my pre-action notice by sending me notice to pay pay £2,866 by 26/02/2021 otherwise he would take me to court. I therefore waited for his court claim to defend and counterclaim.   25.  The builder's court notice arrived and this was the beginning of assessing the cost of the damage and uncompleted work by the builder, by inviting tradesmen to come to the property to assess and give me quotes. More information was also sorted from the internet. Where I am not able to get accurate information or tradesmen to give me a quote I have left it as blank or TBA (to be assessed) on my schedule of loss, attached to this statement.  [Is this relevant here  Delete]   24.  For the above reasons the defendant denies the claimant’s claim and seeks to make the counterclaim detailed below.   [Does that seem right?  I don’t know?]
    • Go ring the court. Have they paid rhe fee yesterday?? What date is the hearing?    
    • Should there be a word in front of possible, Simeon? I'm not sure what you're asking.    HB
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Speak to CCCS and seek advice from them about this.

 

If there is an agreement made with CCCS and the payments have been kept up to date, this seems unfair.

 

Moving this to the Data Protection and Defaults Issues forum. :)

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  • 2 weeks later...

No, he was making regular payments of £30 but could not keep up with this. Then he recived a default notice.

 

Then he contacted the CCCS who took details of his income and found that he cannot afford to keep paying them back and have told him to pay just £1 a month. He was also told that he would get harassed from the bank, their solicitors, and baliff action....But was told to ignore this and just oay the £1 a month.

 

Is this all right? I told him what if the baliffs come and recover goods in his house...Is all he has been told so far, correct?

 

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Now it is clearer why the DN was issued. The repayment agreement was broken.

 

You could post up the DN so it can be checked for validity - hide personal data.

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Hi Luke,

 

I don't think CCCS have any authority - they only act as an intermediary to try and help peeps who are having debt problems keep paying in a way the Creditor finds acceptable.

 

CCCS advised that £1 token payments be maintained but that does not prevent the Creditor from taking action when the Debtor fails to maintain the agreed £30 payments.

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He was told that the bank cant do anything as my friends income and outgoings mean he doesnt have much to live on.....i.e. they cant send baliffs as they need court permission...and if it goes to court the court will see that hehas no money to pay...and £1 a month is all that is possible. is this right???

 

The CCCS have sent template letters for him to send to the bank...and have told him to set up a standing order for £1 a month as I said.

 

It is worth mentioning that the £30 a month is not the agreed payments, my friend was just paying that since that is all he is able to afford. But now the CCCS have told him not to do so.

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The CCCS template letters should be sent off as advised and the payments kept up, as far as is possible.

 

If any of the Creditors find it unacceptable, it's up to them to take further action if they wish.

 

This could involve DCA's and countless phone calls. Or it could end up with the Creditor taking the a/c to court.

 

If they are able to produce an enforceable credit agreement, judgement could be made for the debt, but the court should take a/c of personal circumstances and order monthly payments which Debtor can afford.

 

The Creditor may accept the token payments just now although this may change if a CCA request is sent to challenge the enforceability of the a/c. A CCA request may also cause CCCS to no longer assist with the debt management.

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Thanks, but what does this mean 'If they are able to produce an enforceable credit agreement, judgement could be made for the debt'

 

Also could you explain this a bit more...'The Creditor may accept the token payments just now although this may change if a CCA request is sent to challenge the enforceability of the a/c. A CCA request may also cause CCCS to no longer assist with the debt management.'

 

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Many banks or credit card Co's threaten to take you to court for a debt.

 

But, to be successful with a CCard a/c case, they must produce the actual credit agreement in court. If they have it, they may get a judgement (or a CCJ) in their favour.

 

We see cases where CCCS arrange for CCard Co's to accept token payments when you can only pay so much. But if you challenge the debt by sending in a CCA request (for sight of the credit agreement), the CCCS may withdraw their involvement.

 

They may say, if you are going to challenge the debt on this technicality, we will no longer act in negotiating between you and the Creditors concerning token payments.

 

Send off the template letters and see what comes back from the Creditors.

 

Also, read more about this in either the Debt Issues or the Legal Issues Forums. :)

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OK thanks so much for your advice. I have told my friend to send of the template letters given to him by the CCCS...

 

Can I just ask, can he be put into prison or the baliffs take any of their home belongings...he doesnt have much anyway his house is rented and all he has is a nice TV, leather sofas and childrens laptops....

 

thanks

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Hi Luke,

 

I think it highly unlikely YF would lose sofa, lappyies, etc.

 

Prison is out of the question.

 

If it went to court, which is not a certainty in itself, the judge should take into a/c income and outgoings and make an order for payments which YF can reasonably afford.

 

:)

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