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    • letter of claim time and then on to launching a court claim.   Programmable Search Engine CSE.GOOGLE.COM     click above 100's of threads here you can read.
    • I've made changes to your suggested email. I don't agree entirely with your approach. I feel like this is too weak. Bold are my changes. I'm going to send this tomorrow unless there are some serious issues/concerns around it. Contractually and legally I feel I'm on 100% solid ground. They have breached the CRA and their own contract and I don't feel I have any obligation to allow them to come back to try again. I'm quite sick of this whole situation and want it sorted asap.     Dear XXX   Contract number XXX   Thank you for your letter.   For the avoidance of doubt:   ·         The work was delayed multiple times by yourselves from the outset with poor communication and threats that I could not pull out of the contract (despite yourselves breaching your own contract start date)   ·         Some of your work crew attended my property on the 5th June. They did not address all the issues.   ·         You carried out an attempted repair 11th June. This attempt also did not address all the issues.   ·         On 28th June Matthew Moore attended my property and agreed that the standard of the work was unacceptable.   ·         On the 15th and 16th July some of your employees attended to rectify issues and actually made front drive worse by making unacceptable paving cuts.  This was notice and remarked upon in the inspection report which I have supplied to you.   ·         Some of the rear patio issues were addressed but several remained outstanding and indeed the most serious issues have still not been dealt with.     Communication wise, there has been communication and I have tried to engage. In fact my son has had an amicable discussion with the workers and director when they attended my property. I did eventually refuse to communicate with you via telephone as it was clear that our relationship was deteriorating to a point where things needed to be done in writing. I explained at the time that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of. I see from your letter that you feel that you want a further opportunity to address the outstanding issues. I am not prepared to allow you to have further opportunities to rectify the work. My reasons are the following   1.       You have not undertaken the work with what could be described in a timely manner. In breach of the contract we both signed   2.       You have not undertaken the work with reasonable care and skill, as evidenced by the multiple failed attempts and subsequent engineer’s report which highlighted serious defects   3.       You commenced debt collection proceedings against me, in an attempt to bypass due process and the County Court.   4.       As per the signed contract, there is an obligation to enter mediation, which you have ignored and refused to engage with   5.       You have been provided multiple opportunities to make good on your contractual obligations and you have failed to do so. Therefore I no longer have faith in your company or your tradespeople.       All of the above leads me to the point where I no longer have faith in your ability to fulfil your contractual obligations. Therefore I have no choice but to request payment from you to make good your defective workmanship   If you are not able to provide me with payment of the amount detailed in my previous email, then the letter of claim is still in force and I shall be issuing proceedings on 9 October. Yours sincerely,    
    • Evening    So i'm absolutely fuming and am a man of principles.   I sent an item via parcel2go through Hermes (Yeah I know) last week.  £5 odd delivery next day blah blah   Now the ebay tracking is slightly different to the hermes tracking, and the ebay tracking has changed today.   As you can see it was due to be delivered 16/9 but there was a delay Then it was 17/09 and it came up due for delivery then the tracking said nothing , then the tracking said the courier was picking up the item 16/9 but I had posted it into a secure locker and it was collected on the 14/9, then the friday 17/9 it said due for delivery, then we heard nothing.    Suddenly on monday 20/09 at 12 noon it said delivered.  Anyway he said no I havent got it.  So I tried to contact hermes ( impossible) and eventually started claim through parcel2go.     This was 20/09   Today 22/09 they have refunded me the £5.44 postage.  I didnt ask for this,  So i got home and messsaged the buyer as we had been chatting via ebay all weekend and he was asking whats happening with the parcel as the tracking made zero sense, then yesterday it updated and said secure delivery 17/09 delivered to household 1159PM!!  Then delivered (again) 20/09 at 12 noon.   So I have a parcel that was delayed twice Then magically delivered twice And now I've been refunded? Despite saying delivered, for a £47 where they are basically saying tough luck heres £5 ps sorry we dont really know what the hell has happened go away     This is the parcel2go claim bit   I havent received any photo/gps stuff from hermes, not sure if I should when I dispute delivery, but surely by them refunding me and closing the case they are saying yeah we messed up   I know its not much but its a pair of headphones that I was paid £47 for via ebay, which now I dont have and it appears I will have to refund the buyer, I dont want a mark on my ebay, and he seems to have been understanding so far.   Anyone have any thoughts   The P2G claim below Unfortunately your enquiry has been rejected. Reason We’re very sorry to let you know that we were unable to approve your claim in this particular instance. Our records show that during the booking process, you opted against taking out parcel protection. Because of this, we unfortunately cannot compensate you for the value of the parcel's contents. We've agreed to refund you the cost of delivery for this order in the hope that it will be of some consolation in this unfortunate circumstance.   Hermes Tracking BELOW FROM EBAY PS enquiry isnt resolved!!!!   22 Sep 2021 6:31pm Enquiry resolved   22 Sep 2021 4:39pm Enquiry resolved   22 Sep 2021 2:52pm Claims code issued   20 Sep 2021 12:00pm Delivered   17 Sep 2021 11:59pm Secure delivery - To household   17 Sep 2021 2:14pm Due to be delivered today   17 Sep 2021 7:59am On its way to the courier   16 Sep 2021 6:38pm Delay - please allow 24 hours   16 Sep 2021 9:56am Due to be delivered today   16 Sep 2021 8:42am On its way to the courier   15 Sep 2021 4:18pm At the customers local depot   15 Sep 2021 3:00pm Delay due to major event   15 Sep 2021 8:06am At the national sorting hub   15 Sep 2021 8:05am At the national sorting hub   14 Sep 2021 7:05pm Entered the Hermes network   14 Sep 2021 2:45pm Collected from the ParcelShop   14 Sep 2021 6:15am Dropped @ Parcel Locker   13 Sep 2021 3:12pm Order placed   13 Sep 2021 3:05pm Tracking number provided      
    • Just a few edits made above...check it over now.
    • Lantern are known for modifying the Default dates on accounts on CRFs. 
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0433debbie v. NatWest *WON*


0433debbie
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Ok guys this is what happened at court. I handed in my judgement. The man there said that natwest still have as long as it takes to process my judgement. That depends on the back log of work they have. Could be a week. So basically natwest could have another week to put in a defence even though I handed in my judgement today. Also even when my judgement is processed natwest could still have it set aside. So the long and the short of it is that anything can happen until the day you get your money. Timescale mean almost nothing and the judgement doesnt mean much either.

 

I can just sit and hope now that I either get an offer of settlement in the post or that natwest dont bother to issue a defence and the judgement goes through without a fight.

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Ok guys now I need some HELP. Received Cobbetts Defence today. In it they say that they are embarrassed by the lack of particularity pleaded in the particulars of claim (used template on this site) and that I fail to disclose reasonable grounds for bringing a claim against natwest.

 

They say the particulars of claim set out no facts indicating what the claim is about, are incoherent and do not disclose any legally recognisable claim against natwest.

 

What do I do next please ??????

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Ok I have sent back an Amended Particulars of Claim. Basically saying the same thing as the first but is different words. Have sent a copy to the Court. I pointed out to the court that their expiry time for serving a Defence was two days ago and that I had applied for judgement yesterday. Dont suppose it will do any good.

 

Will have to wait and see what happens now.

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Hi Debbie

 

I am at the same stage. The court has sent Cobbetts defence - pretty pathetic really. The asked for CPR by 13 Sep - they didn't get it till 19th Sep. Boo Hoo - they had no right to ask for it it the beginning. You just have to wait, probably send a letter with an offer.

Hunbun;)

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Thinking about it, it seems highly amusing that Natwest were prepared to offer me £1800 a couple of weeks ago when according to them they have no idea what charges I am pursuing them for!!!!! It is ridiculous.

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  • 2 weeks later...

Hi all,

 

Havent posted for a while as there has been absolutely nothing to report. Heard nothing from Cobblers and nothing from the Court. Any ideas as to how long to wait before getting in touch with the Court?

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Hi Debbie,

I went to County Court with my N1 same time as you. I have phoned the County Court Three times in the last Three weeks . What has happened is that the Trevor McDonald programme opened up a avalanche of claims against the Banks that it has caused a Back log in claims. The County Court on Thursday said my claim was being seen by the district Judge this Friday and I should fingers crossed get Judgement sometime next week. The Poole County Court have been really help full but they are not used to this sort of response. Telephone your County Court with the Claim number and they will be able tigive you a rough time scale.

Hope this is of help

Smudgeless

Data Protection Act 1998 Sent 07/06/2006

S10 Sent 21/06/2006

Request Repayment Charges 06/07/2006

Letter Before Action 20/07/2006

Small Claim N1 Started 17/08/2006

 

"I am a rubber duck and you cant break me !!!"

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Called the Court today. They said my case was going before the judge for him to issue a court date. Unfortunately they have a large back log and my date will definitely not be before January. It has been quite a few weeks since my offer from Cobbetts and I am wondering whether they are going to hold out until the very last moment. For me that might mean no money before xmas. I am still keeping my fingers crossed cos you never know.

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I WON I WON I WON I WON I WON I WON I WON

************************************

Received cheque this morning for full amount plus interest plus £200. Received nearly £4000.

Can't believe it. Me and kids have been jumping up and down. Christmas holiday here we come.

Thanks to everyone for all their help.

Please can the powers that be change my threat title to show I HAVE WON.

Thanks.

Debbie

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A big CONGRATULATIONS Debbie, what a fab Xmas you're gonna have,

hope I get mine by then too!

 

Just shows that if you hang in there you'll come up smelling of roses in the end.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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