Help with Money claim .com defence

[P Higgs]

Mr Higgs,

 

I was the "legal advisor" you spoke to on the phone when I was dealing with this issue for Mrs Gibbons.

 

You were undone by consumer legislation which stated you needed to provide a tear off cancellation form on any "order". You did not do this. In fact, when challenged you created the evidence. When this was still not within the law, your firm were referred to Trading Standards. It was after this that you decided not to proceed with your action.

 

When I challenged you on the phone about the cancellation document, you were quite evasive and equally evasive on the "ltd" company issue. At that time you had no explanation why it appeared as such. I also recall asking you for the order details from the supplier of the fascia material inc. a returns policy for cancelled orders via an official CPR Part 31 request. Again, you failed to provide this to me.

 

You need to accept that on the face of it, Mrs Gibbons was treated quite badly. You not only took her to court for the cancelled items but you wanted the labour costs too. The entire case smacked of taking advantage of an elderly woman in my opinion.

 

I hope that you have learned from this in some way. The law offers a harsh lesson sometimes.

 

If you would like me to make your quotation and order forms "bulllet proof" for all future transactions then please make a £50 donation to CAG and I will sort them out for you. On this occasion, and I suspect others, you were not operating within the letter of the law.

 

Thanks,

 

VJ

 

The only telephone call you made was to ask me for my swish registered installer number this you checked on my postcode were as swish had my registration under my old postcode of m28.I did not give up my actions because of trading standards i did so because my witness couldnt attend due to being in court due to industrial injury claim that week and because i have never done this type of thing before just presumed because the courts wouldnt alter the date i would lose because of lack of witness and so didnt show up .As has been said before i lost i have learned lessons from this i now also get a signiture when i measure the job exactly to order the materials due to the fact that the vast majority of our products are made to measure and we dont take deposits and never have as you can imagine things cost

[mrmxg05]

I’ll take this as a veiled threat , come near my house again and I’ll report you to the police

[Ganymede]

I’ll take this as a veiled threat , come near my house again and I’ll report you to the police

 

 

Now, now children. Play nice.

[P Higgs]

I’ll take this as a veiled threat , come near my house again and I’ll report you to the police

 

I have not threatened you in my post i simply asked you a question and would ask a TRUTHFULL ANSWER

[vjohn82]

The only telephone call you made was to ask me for my swish registered installer number this you checked on my postcode were as swish had my registration under my old postcode of m28.I did not give up my actions because of trading standards i did so because my witness couldnt attend due to being in court due to industrial injury claim that week and because i have never done this type of thing before just presumed because the courts wouldnt alter the date i would lose because of lack of witness and so didnt show up .As has been said before i lost i have learned lessons from this i now also get a signiture when i measure the job exactly to order the materials due to the fact that the vast majority of our products are made to measure and we dont take deposits and never have as you can imagine things cost

 

Occam's Razor applies here in that the simplest explanation is usually the right one. Either both me and Mr Gibbons are lying or you simply did not follow the letter of the law.

 

People here can judge for themselves I think.

[P Higgs]

Occam's Razor applies here in that the simplest explanation is usually the right one. Either both me and Mr Gibbons are lying or you simply did not follow the letter of the law.

 

People here can judge for themselves I think.

 

Can you PROVE that you asked me both questions ie that you asked for my swish installer number and my cancellation terms because i know you didnt .

 

 

 

Reviewed this with my mum today, for a meeting with TS and the hearing, I found out why she decided to cancel, A6 windows contacted her and persuaded her to have the gutters done in black, to which she at first agreed, but then later changed her mind, so that is when she rang them to cancel.

 

Just gets better!!

 

Strange that because in the letter sent by your mother it states that she didnt have the funds at that time and as soon as the funds were available she would contact us maybee vjohn82 still has a copy of this scanned letter to post up seems that people have been a bit economical with the truth here .IN any case one must ask the question Why would anybody send a letter of cancelation if they hadnt signed an order form and therefore asked for work to be done .If i was to go into the hairdressers and ask for my hair cut would the hairdresser tell me i dont need it i dont think so Mrs Gibbons asked 2 companies to give her a quote for replacement mahogany upvc fascias and gutters this lady signed not only with century seal which was later canceled becuase we were cheaper but also with ourselves are people saying that we should pursuade people not to have work done

[DonkeyB]

Which part of ‘you lost because you couldn’t be bothered to turn up or get a witness statement from your witness’ don’t you understand?

[P Higgs]

Which part of ‘you lost because you couldn’t be bothered to turn up or get a witness statement from your witness’ don’t you understand?

 

Is this not a public forum for all to see where i "might" get the oportunity to clear my companies name as has been stated by another poster there are 2 sides to every story i have the right to put my side across despite NOT being legally minded i know right from wrong and despite words to the contrary i am not a rogue trader or a moron as has been implied in this thread

[P Higgs]

With this statement, it ultimately proves that what you provided to Mrs Gibbons was an "estimate" and NOT an order. In any event any such estimate or order is fatally flawed by the cancellation form not being attached.

 

You were not operating within the law. I trust it has been corrected? If not, my offer stands.

 

upvc fascia products are made and sold by manufacturers in 5 metre lengths and gutter 4m lengths

[vjohn82]

Can you PROVE that you asked me both questions ie that you asked for my swish installer number and my cancellation terms because i know you didnt .

 

No, I cannot "prove" it. But then I do not need to either. People can make up their own mind who is telling the truth on this one.

 

People can trust a guy with over 3000 posts to his name here who has helped out many people in their legal cases and had access to all of the documentation in this particular case and had an opportunity to speak to you, was not impressed and then made you cack your pants so much you didn't turn up to court...

 

OR

 

They can believe someone who did not follow the order process on their own website (as evidenced by your own admissions here), used "ltd" on their website, did not have their registration details correct with Swish and therefore in breach of their code of conduct, sent out a salesman to a vulnerable person's home and then proceeded to badger her so much she signed a document which was NOT an order at all but an estimate (your own evidence, again, proves this to be the case), the documents you intended to rely upon were not within the law and then, to top it all off, when I told you about what law you had broken you then proceeded to make up the evidence which was STILL not within the law.

 

Yeah. I REALLY have something to prove here don't I?

Edited January 14, 2012 by MARTIN3030

[P Higgs]

I have given you explanations for everything you have brought up as stated by myself above

 

your CLIENT has also xxxx by not telling you that he employed us a ROGUE TRADER to carry out double glazing replacement to his own property

or if he has told you this information has been withheld in order to get more support for his mothers case .

 

I cannot dispute that you have helped many people on here but that doesnt mean that you have been economical with the truth does it .

 

I did not cack my pants at the prospect of going to court hence paying for the hearing i didnt turn up because my witness couldnt

 

your clients evidence was delivered late in court at a preliminary meeting also

 

.As i have said i know i am telling the truth even though in your bully boy I KNOW THE LAW TACTICS and i have helped many people on here you " DONT THINK I AM" .

Edited January 13, 2012 by silverfox1961
removed defamatory content

[mrmxg05]

Mr Higgs,

I didn’t recommended you to my mother and neither would I, I knew nothing about this until my mum rang me in tears when she received your scandalous claim.

You were made aware of my mothers health issues , yet you still chose to continue pursue her adapting your story , to cause her maximum distress.

Shame on you, because even now your not sorry, like I said you got no conscience, I guess people can decide who is been “economical with the truth”

You brought this on yourself, but what you did to my mother is unforgivable

That’s my final comment

Mark Gibbons

Except to say come near my house and I will go to the Police

[DonkeyB]

Think it’s time to close this thread.

[silverfox1961]

This thread is now closed

[MARTIN3030]

Mr.Higgs is disappointed that the thread has been closed.

 

It is unfortunate that it has taken so long for him to make any response here at all,

and this is no fault of anyone here,

as can be seen,

there has been no further posts from 2010 until the past 48 hours.

 

Given that there is no mention nor reference in the thread title to A6 windows,

it can be assumed that this thread is not high profile when it comes to anyone googling A6 windows.

 

Mr.Higgs comes here in defence of A6 windows and there is no doubting that any business does

or should not look favourably at negative reports being posted on internet forums,

but the story here can be read from its own merits and outcome.

 

That is to say that the facts remain,

There was a failure to defend the claim and as a result the law took its course-on that there can be no dispute.

 

Whether there are arguements put forward to say that if a Solicitor had been engaged things could have been different is irrelevant after the event...

 

.our forums are full of ifs and buts-the reality is that ifs and buts are not good arguements when it comes down to right and wrong and determining which one applies.

 

If Mr.Higgs insists on further right of reply,

that has to be judged on whether any reply would change the results -which it cannot.

 

It is also reasonable to put forward,

that if Mr.Higgs is here to defend his company as an official spokesperson,

that the title of this thread be amended to include A6 windows so that those who have an interest can be either satisfied

or else unsatisfied with any further response,

as the case may be,and as those reading further wish to interpret.