Help with Money claim .com defence

[vjohn82]

Agreed.

 

I'm coming close to scaling down my activities on the forum anyway. I'm disappointed with a few things in general and it's no good getting myself wound up.

 

I'm probably going to concentrate on HFO/Turnbull/Roxburghe/Barclaycard/Cabot issues from now on simply because I have amassed ridiculous amounts of information on how they work etc.

 

It's not doing my health or family life any good by trying to take on the world even though I wish I could

[DonkeyB]

VJ, your halo is slipping!

[mrmxg05]

Conditions of Section 8

 

The Company has the right to cancel the Contract after survey for manufacture. Customer's cancellation period is in line with Trading Standards guidelines. The Customer has no rights to cancel this Contract once agreed and signed. Any cancellations that are made will be subject to an administration and cancellation fee of £100 to cover costs. Any products will also be fully chargeable. Any deposits paid are not refundable.

 

Contract signed 21/9/2009, phone cancellation followed by a letter dated 14/10/2009.

[mrmxg05]

I can confirm there has been a lot of contact between VJ and myself and no matter how this ends, he has been brilliant.

 

Two weeks ago we were going to plead guilty to this action and just hope the courts didn't find against her for the scandalous sum claimed. I feel personally that this action is nothing short of using the courts in an action of extortion.

 

The trader was not compliant with these regulations

 

Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008

 

My Mother is a vulnerable person covered under the Mental Health Act 2007 and misleading prospective customers is in breach of the Consumer Protection From Unfair Trading Regulations 2008.

 

Surely this alone is enough for her defence, the other matters are for Trading standards

 

If there was any prospect of a counterclaim we would donate that money to a charity of VJs choice or this website, although I doubt he would pay!

 

Got to submit the defence within the next 48 hours

 

[DonkeyB]

Conditions of Section 8

 

The Company has the right to cancel the Contract after survey for manufacture. Customer's cancellation period is in line with Trading Standards guidelines. The Customer has no rights to cancel this Contract once agreed and signed. Any cancellations that are made will be subject to an administration and cancellation fee of £100 to cover costs. Any products will also be fully chargeable. Any deposits paid are not refundable.

 

Contract signed 21/9/2009, phone cancellation followed by a letter dated 14/10/2009.

 

That bit's bollox.

 

They appear to have broken their own contract and claimed for labour as well as materials. Oops.

[vjohn82]

If there was any prospect of a counterclaim we would donate that money to a charity of VJs choice or this website, although I doubt he would pay!

 

Got to submit the defence within the next 48 hours

 

 

The defence is sorted out so don't worry about it. You can submit it online by 4pm on the day so don't panic... got it all in hand.

 

The reason we have sent in the letter is to try and get him to discontinue early so you and your Mum can forget about this sorry incident.

 

Trading Standards will have a field day with this "firm" so you will have some retribution!

 

The Customer has no rights to cancel this Contract once agreed and signed

 

Is that in any way compliant with the regs? I think not... the cancellation has notice HAS to be on a separate document or on a detachable slip. The regs are not simply one line... they state a huge number of things that the trader has to follow and he hasn't followed one of them.

 

VJ, your halo is slipping!

 

I know... been worn down with stuff recently

[mrmxg05]

Rhodium78........... as well , Thankyou.

Edited April 2, 2010 by mrmxg05

[mrmxg05]

No response to the second letter sent via registered post( not delivered and still waiting collection), I don't think the extension period of 14 days is long enough, but never the less today is the date to submit the defence.

[vjohn82]

No response to the second letter sent via registered post( not delivered and still waiting collection), I don't think the extension period of 14 days is long enough, but never the less today is the date to submit the defence.

 

Just to follow on from this... Bank holidays are not counted so you have until Tuesday/poss Weds.

 

I will finish up the defence anyway.

[mrmxg05]

Just been on the website says

If you need 28 days (rather than 14) from the date of service to prepare your defence, or wish to contest the court's jurisdiction, complete the Acknowledgment of Service.............date of service was 10th of March, So I think this means Wednesday 7th of April

[mrmxg05]

This is the start of the POC:

 

 

Quote:

After signing a contract to have work carried out the following month on 21/09/2009 and materials being specially ordered to replace fascias on her property, this client advised A6 Windows

 

Just wondering if you base a claim on a lie, ie you ordered materails but don't provide any evidence in disclosure, is this in itself an offence??

[DonkeyB]

To be pedantic, it just says ordered... doesn't say received!

[mrmxg05]

Don't understand, he says he ordered these materials, must be claiming for them! What else is he claiming for?? Yet he provides no evidence of this order in disclosure

 

My point is , there must be some evidence of this order, if he never ordered any materials, he must be telling lies to the court.

 

Is this an offence???

Edited April 4, 2010 by mrmxg05

[rhodium78]

It is contempt of court as per CPR 32.14 but you have to put him to strict proof that he ordered them. The court could ask you to prove it on the other hand. Also, once you have the order, send a CPR request to the company he ordered from to determine if he has indeed ordered it. They could also be classified as a witness. If they don't comply, then you might need to make an application to the court but then it becomes a serious allegation of fraud and the court would want your reasons and evidence for the order.

[mrmxg05]

Thanks Rhodium78, obviously cannot be done by April 7th, I don't believe any materials were ordered, but should he drop this action, how can I pursue him for all the stress and upset he has caused??

 

Just bearing in mind my mum has had stage 3 cancer and I want to out this man!

[rhodium78]

If he issues a notice of discontinuance... you can put in your costs... but one step at a time.

[vjohn82]

It says on his website that his company manufactures ALL materials - therefore what has he ordered other than the raw material for which can be used on other projects??? In orderr manufacture your Mother's specific job he needs to have carried out a detailed survey - on the order form it clearly states "approx".

 

Have you done the measurements yourself??? I would be inclined to measure up the job to see if this fellow was "overestimating" the work to add some weight to the defence when I write it up ;-)

 

mrmxg05 - if he "discontinues" you can file an application under CPR 48.6 for wasted costs ;-)

[vjohn82]

Thanks Rhodium78, obviously cannot be done by April 7th

 

It doesn't need to be... we just put him to strict proof in the defence that it was ordered and proof of this order. We have already asked for full disclosure and all he provided was the quote form and your Mother's cancellation letter.

[mrmxg05]

OK, sounds good, I want to ask him for strict proof, how do I do it??

 

Thanks everyone.........brilliant

[vjohn82]

OK, sounds good, I want to ask him for strict proof, how do I do it??

 

Thanks everyone.........brilliant

 

 

We do it in the defence...

 

The Defendant puts the Claimant to strict proof that such items were ordered as described in the POC.

 

Something like that... short and sweet. Shifts the burden of proof onto him then.

[vjohn82]

A6 Windows are registered with SWISH for building products only... which unfortunately includes fascias.

 

However, he has to abide by their code of conduct.

[vjohn82]

Here is a defence... other help is requested from other caggers as I am mega busy with my daughter's boyfriends employment tribunal...

 

I am [insert name] of [insert address] and am the Defendant’s son and “litigation friend” in these proceedings. The Defendant suffers from Dementia and cannot be reasonably expected to conduct a defence to these proceedings.

 

Expect where admitted the Defendant will deny all allegations put forward by the Claimant.

 

The Defendant will admit to receiving a quotation to carry out remedial works on the external portion of her property with respect to UPVC fascias.

 

The Claimant is put to strict proof that the works were necessary or required upon their technical survey as the fascias currently fitted to the property were not in need of replacement.

 

The Claimant is put to strict proof of all materials ordered as claimed.

 

The Defendant will admit to signing a quotation document provided by the Claimant to quote for the materials required.

 

The Claimant is claiming for the sum of £2160 stipulated in a contract but it is denied that this contract is enforceable contract against the Defendant as it clearly does not contain the cancellation agreement under the Cancellation of Contracts made in a Consumer’s Home or Place of Work Regulations 2008.

 

The Claimant received a cancellation letter from the Defendant in the period between the time claimed in the POC that they contacted the Defendant to carry out the work; the Claimant has provided this cancellation letter under standard disclosure and clearly demonstrates that the Defendant did not want the work being carried out.

 

The Claimant is also put to strict proof that they followed the relevant Pre-Action Conduct Practice Direction within the Civil Procedure Rules.

 

The Claimant’s own contract stipulates that cancellations are subject to an administration fee of £100 which the Defendant had offered to pay.

 

The Claimant has instead proceeded to make a claim for the entire quote plus interest which is vexatious and unwarranted.

[mrmxg05]

Not particulary happy about declaring my address......would prefer to put care of my mothers address.............you know where I am coming from here VJ!!

 

Should I not also be saying, a second letter was sent to the claiment regarding my issues with this action and asking him to discontinue and not waste court time??

 

Thanks

[vjohn82]

You'll have to make a decision then whether you represent your Mother or not because part and parcel of this is declaring your address... something you can't get out of I'm afraid.

 

If anything happens you can obviously use the authorities to take whatever steps you need to sort it out.

 

On another side of the coin I spoke to Mr Higgs today to delve a little deeper into the SWISH approval... he does have it for UPVC fascias - I didn't realise there was more than one SWISH approval.

 

That said the fella seems quite a pussycat on the phone.

Edited January 14, 2012 by MARTIN3030

[DonkeyB]

VJ, you are a one!