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    • My final ticket:      1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 Counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the Defendant/Part 20 Counterclaimant and that the Claimant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the Defendant/Part 20 Counterclaimant 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.   4.      It was agreed between the parties that the works would commence on 13 August 2020.   5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. 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.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The inspector was obviously very displeased by the standard of the Claimant's work.  The inspector spoke to the Claimant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the Defendant/Part 20 Counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3000. (See receipt at Exhbibit-1).   11.  The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 Counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.   12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When the Claimant challenged admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Exhbibit-2).  Over a month later the Claimant 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 (Exhibit -3).  All of this snagging work remains undone by the Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at ( Exhibit 4.)   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in  Exhibit-5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £16,577.12 in respect of:   (a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above; (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above. (d). the cost of the steel beam referred to in para 14 above put down as estimated.   A receipts in respect of 3 items (a) - see Attachment 1 – Page-4-8 for:   (i) £3,000.00 GTM piling,                                                      (ii) Rubble truck £387.12                                                     (iii) £250.00 to Mellor the roofer   The two priced quotes in respect of items (b) (1) Cheshire Bespoke Building Limited for £5,190.00,  and (2) Mellor Roofing Specialist. (c) – see Attachments 6 and 7 - are attached in support of this counterclaim.     The defendant/Part 20 counterclaimant is claiming 8% interest under the County Courts Act 1984 from the 26 October 2020 which was the last day the       STATEMENT OF TRUTH   I believe that the facts stated in this particulars of counterclaim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’.    
    • I can't say for certain whether it is all paid up but it certainly suggests that you are getting any more trouble in the future. However, come back to us if they start writing
    • See if they chase you then??   Dx
    • I do not need your help with my claim. I am very familiar with law and legal process. If I need specific legal advice I will consult a solicitor.    I have posted because this is called a "forum". It is where we (Consumers) share views and experiences and opinions etc. I am particularly interested to hear how others feel about the increased use of unfair contractual terms to mislead staff and consumers, and more importantly what can done be to discourage and reduce this unfair practice. Hermes seem to have taken this to whole new level.  The links you provided above add nothing to discussion, and as such, are unhelpful.    I see that you try to guide others through the legal process, and provide advice on law. You seem to have process and expect people contributing to the forum to follow a strict process and follow your advice to the letter if they want receive your advice and guidance.  You are quite rude if people do not do what you expect.     First,  please advise if you are legally qualified to provide such advice., Second, if it is the intention of the CAG to operate this as "forum" or a process based web site that dispenses legal advice.  Lastly, please confirm if you are acting moderator or a legal advisor.     Thank you      
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diskmandave-vs-Moorcroft *WON*LEGAL AGAINST DCA NOW*


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I thought my letter writing days were over!!! Obviously not... :p

 

Some of you might also remember that RW&Co tried briefly with

this last year and it took just 1 letter to get rid....

 

Got this yesterday.....

 

img104.jpg

 

----------------------------------------------------------------------

SCARY.... ~Pre Court Division!!! PMSL!!

What's actually scary is the fact that pre December 2006 that

this would have scared the [email protected] out of me!!

 

It should also be noted that Moorcroft *DO* have a Consumer

Credit Licence. It was renewed on the 6th of January 2009.

 

Watch this space for a letter!!! :D

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

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I see Curlyben lurking! :-D

 

Evening Ben!!!

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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Dave I don't lurk ;)

 

I'd be inclined to straight for the throat and call them out ;)

 

Try something along these lines:

Dear twunt,

Thank you for your letter of Blah, the contents of which are noted.

 

After taking advice, I wish to inform you that I will no longer be conversing with any member of your company concerning this debt, As you have blatantly failed to address any of the points I have raised in my previous letters.

 

Any further communications concerning this alleged debt will only be conducted through due process of the County Court system.

 

Continuation of these baseless threats WILL results in serious legal ramifications for your company and any employees that choose to ignore this FINAL response.

 

I trust I make myself clear in this regard and I do NOT expect to receive a response to this letter unless it is an apology for the distress and harassment you have caused me.

 

Your faithfully

 

Also it seems Moorcoft have got them selves anew desk.

As well as the old faithful Pre-litigation and Pre-court departments they now has a Home visits department as well ;)

Be VERY careful whose advice you listen too

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Not wishing to spend too much time on this....

 

This is a copy/paste from the Moorcroft/Barclaycard letter

that got rid after 1 letter 2 years ago......

 

Dear Sirs,

 

This letter is a complaint pursuant to the Consumer Credit Act 2006

and should be dealt with pursuant to your formal complaints procedure.

 

I refer to your recent letter dated 22/04/2009 which was received on

24/04/2009. You should also take note that I do not acknowledge any

debt to yourselves or your client.

 

I am informing you that this alleged debt is the subject of an unresolved dispute between myself and your client. Please be aware that as such I have no intention of entering into any dialogue with your company.

 

This matter has already previously been passed around numerous agencies whilst in dispute with Lloyds TSB, and subsequently returned to Lloyds TSB very quickly on emergence of the facts. I am also aware of the OFT Guidelines on Debt Collection Practices in as much as you should cease collection activity and return this account to your client whilst an unresolved dispute exists.

 

Should you choose not to return this account to your client, I require you to send me a document copy of your formal complaints procedure by return. Furthermore, should your next letter be anything other than to confirm the return to your client I will view this as a direct act of Harassment and will take action accordingly.

 

In closing, I might add that should you consider legal action in this matter, I am more than capable of defending and counter claiming on any such claim.

 

I look forward to your response and due diligence in this matter.

 

Yours faithfully,

 

 

Comments???

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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Use both and simply add a line to mine say copy enclosed for your perusal and ease of reference..

 

Dear twunt,

Thank you for your letter of Blah, the contents of which are noted.

 

After taking advice, I wish to inform you that I will no longer be conversing with any member of your company concerning this debt, As you have blatantly failed to address any of the points I have raised in my previous letters. A copy of which is enclosed for your perusal and ease of reference.

 

Any further communications concerning this alleged debt will only be conducted through due process of the County Court system.

 

Continuation of these baseless threats WILL results in serious legal ramifications for your company and any employees that choose to ignore this FINAL response.

 

I trust I make myself clear in this regard and I do NOT expect to receive a response to this letter unless it is an apology for the distress and harassment you have caused me.

 

Your faithfully

Be VERY careful whose advice you listen too

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That's just great Ben!!

 

We obviously still sing from the same hymn sheet!! :D

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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Well I'm still having fun as I have recently acquired some new "friends" from a family member.

The slight downside of this is once they are done I will of personally beaten OVER 40 different DCA's for various accounts !!!

Be VERY careful whose advice you listen too

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I'd actually forgotten how much fun this used to be!!!

The Friday nights on the Cheeky Vimto..... :D

 

Here goes then...

 

img105.jpg

 

Not even going to send it by recorded!

In the post box in the next 10 minutes! :p

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

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In envelope, stamped, and off to the post box then.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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The slight downside of this is once they are done I will of personally beaten OVER 40 different DCA's for various accounts !!!

 

Why is that a downside??? I'ld say that was an upside!!! :D

 

I'm off to the pub for a cheeky vimto!! :lol:

Edited by diskmandave

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

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It's a little embarrassing that I, a "mere consumer", can substantially ruin a nice little earner for these companies.

 

I think that goes for both of us! PMSL!!

 

Have U seen how many PPL are watching this thread??!!! :D

 

Just like the old days!!! :p

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

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Well I'm still having fun as I have recently acquired some new "friends" from a family member.

The slight downside of this is once they are done I will of personally beaten OVER 40 different DCA's for various accounts !!!

 

I know were ou are coming from!!!

 

At the moment I have no battles on as everything has good quite or I have WON( had to get that one in). I feel lost:-o

 

HAK

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  • 4 months later...

A bit of updating to do on this, later on in the week though..

 

Moorcroft have been an absolute bloody nuisance since

the last update, but what with things going on I haven't updated..

 

So, there'll be quite an update on Friday, when letters have landed

on doormats, and such like.

 

Same time, same place, on Friday...

I'll bring the Cheeky Vimto...!! :D

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

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A bit of updating to do on this, later on in the week though..

 

Moorcroft have been an absolute bloody nuisance since

the last update, but what with things going on I haven't updated..

 

So, there'll be quite an update on Friday, when letters have landed

on doormats, and such like.

 

Same time, same place, on Friday...

I'll bring the Cheeky Vimto...!! :D

 

Vimto is so yesterday Dave - try Irn Bru :p;)

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  • 2 weeks later...

They've pushed me too far now, we'll do this on a separate

thread and wage all out bloody war with them.....

 

Moorcroft House...... Like London Scottish House is also

just a short drive/bus ride away should the need arise.... :lol:

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

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stay cool Dave, whats happened?

  • Haha 1

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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Waiting for posts to be moved from LTSB thread...

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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I'm absolutely itching to phone them!!! :D

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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