Help with Money claim .com defence

[vjohn82]

VJ, you are a one!

 

I just can't help myself sometimes :D:D

[patrickq1]

you would nt happen to be in the wirral would you mrmx ,reason i ask is that their is a company under investigation for trying to sell double glazing and fascia's etc to my father in law who is 92 and suffering dementure i reported it to trading standards they have acted straight away ,as with anyone suffering from this debilatating illness it is far too easy for rouges to get them to sign contracts but with hospital letters and doctors letters,you will have no problems but you must bring in trading standards to investigate they will move quickly on this

patrickq1

[mrmxg05]

I Have contacted trading standards. But they can't help in this court action

Edited April 6, 2010 by mrmxg05

[mrmxg05]

VJ........I will give my address.........not happy about it.........why do you think this county is in decay??

 

I would have preferred this went to a open hearing, do you seriously believe A6 windows would have taken this action into a magistrates court in Salford, the publicity would have destroyed him!!

[vjohn82]

Can anyone else help with this defence???

[mrmxg05]

The defence has been submitted

[vjohn82]

Groovy stuff... Mr Higgs rang me this morning to confirm his SWISH number... the guy sounds like a XXXXX. I would bet his eyebrows meet in the middle.

[DonkeyB]

VJ, personal abuse will not be tolerated

 

Unless it's funny

[vjohn82]

Relevant... in my home town too!!!

 

Rogue Trader fined after making misleading claims to a terminally ill consumer in South Warwickshire : Warwickshire News - Warwickshire Web

[mrmxg05]

Some very good news

 

I have recieved notification that this action has been transferred to Salford County Court, A6 Windows have to complete an allocation questionnaire for a fee of £35.00.

 

I also have recieved a N149 Allocation questionnaire(Small claims track).

 

Part A offers a free mediation service, I am not sure if I should opt for this as I would like it to go to an open hearing, however this might be better for my mum, because this is causing her a lot of stress.

[vjohn82]

As I said via PM... mediation is good because it shows you are trying to be reasonable

[mrmxg05]

We have a preliminary hearing on Wednesday 7th of July, On Saturday the claiminant sent me an invoice for materials that were supposedly ordered. However I have rang the company who will not confirm if this order was delivered and paid for, just stated there was a query against this customer??

 

Also I have been sent a ammendment to the terms and conditions which is the written cancellation notice which was never supplied to my mother as seen in this thread.

[DonkeyB]

They can't change the T&Cs after the event! Idiots...

[vjohn82]

Hmmm... can you scan and post these "amendments"?

[mrmxg05]

I have sent the ammended document to VJ

 

I am now really annoyed with Salford Trading standards.....this is their reply to my complaint.

 

How can I get them to take this matter seriously.

 

It is nice to know they sent the trader an advisory letter!!!

 

I have also asked Hazel Blears MP for advice, but as yet no reply

Thank you for your e-mail.

The complaint you lodged regarding A6 Windows on behalf of your mother was made to Consumer Direct who offer first line advice. I can see from the notes made by Consumer Direct in respect of your complaint that they advised you that if cancellation rights were not given, or in the prescribed format then the contract may be unenforceable.

Your complaint was referred to us by Consumer Direct with "no commitment to contact the consumer" as they often do, as a result the trader has been sent an advisory letter with regard to compliance with the applicable legislation. I am sorry if you were expecting contact from us, however it appears that Consumer Direct may not have sufficiently explained to you what they were doing and why.

I understand from the notes supplied by Consumer Direct that the company are taking your mother to County Court. We do offer civil advice for Salford residents where we can act as an intermediary and advice on consumers rights, however once a matter has reached the stage of legal proceedings our involvement is not possible.

I trust this clarifies the matter for you.

[vjohn82]

Not surprising... but you have a right to request a review of that decision because they should be explaining "why" their involvement is "not possible".

 

What legislation/rule prevents them from entering the process? If there is one you need to approach the court with that rule to show why they cannot proceed. If there is no rule then you demand their involvement.

 

I think we just need to defend this case on the basis of the cancellation agreement not being attached to the contract... this would render it unenforceable. I would also highlight your Mother's illness so you need to be getting a letter from her Doctor ASAP because we will need to submit this as evidence.

 

We will also need the pictures of the fascias currently in place.

 

That's a couple of things for you to do but they will go some way to helping compile a witness statement for the court.

[mrmxg05]

My reply to this email

 

Can anyone advice me how I get maximum publicity both for A6 windows and Salford trading standards

 

Thank you for your reply

 

However I find this answer unacceparable

 

I know the contract between A6 windows and my mother is unenforcable.

 

However my point is A6 windows are still non compliant with these regulations and Salford trading standards are remiss in there responsibilites.

 

 

A6 windows have comitted an offence, his T&Cs to this date are still deficient

 

Section 8 of A6 windows T&Cs states

 

The company has the right to cancel the contract after survey for manufactire. customers cancelllation period is in line with Trading standards guidelines. The customer has no right to cancel this contract one agreed and signed. Any cancellations that are made are 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

 

Offence relating to the failure to give notice of the right to cancel

17.—(1) A trader is guilty of an offence if he enters into a contract to which these Regulations apply but fails to give the consumer a notice of the right to cancel in accordance with regulation 7.

(2) A person who is guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

 

I have provided evidence to you that this company are breaking the law, using tactics against vunerable people to force them to have work done, othewise take them to court, and you do nothing other than send an advisory letter.

 

I wish to make a formal complaint about your department, can you please advise me how I do this

 

Mark Gibbons

[patrickq1]

would nt be a mr brown in a6 windows is there ?

patrickq1

[mrmxg05]

Some brilliant news, Salford Trading Standards have made a u turn and contacted me today, they have asked for a meeting to discuss this matter!!

 

Hopefully, Karma........... A6 windows

[vjohn82]

Good good... perseverance is the key!

[DonkeyB]

About time. Just shows that, if you push... and you're sure of the facts... well done mate.

[mrmxg05]

Hi patrickq1...........no Mr Brown, that I know off.

 

I have just reviewed everything this morning, I can't believe that he has pushed this matter so far, he has dug himself into an enormous hole and is still digging.

 

 

 

I

[mrmxg05]

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!!

Edited July 5, 2010 by mrmxg05

[mrmxg05]

Thankyou to Hazel Blears MP, it appears Trading standards u turn is down to her intervention

[mrmxg05]

I went to the preliminary hearing today. Met Mr Higgs and his salesperson xxx

 

As a result of my mothers dementia I was made my mothers litigation friend, the judge told me to take advice on this, not sure what she meant.

 

Mr Higgs questioned this, said I needed power of attorney, but the judge disagreed

 

Mr Higgs was advised he had to mitigate the materials ordered, I think this means prove they could not have been reused. The judge told him he needed to take advice on this.

 

Mr Higgs asked the judge if he could claim for loss of earnings for attending court and for xxx wages. I think the judge was a bit taken back my that and I think advised him expenses only , he would have to prove loss of earnings.

 

Bingo.......then it hit me, this is a money making exercise, he won't discontinue no matter what!.... he has nothing to lose, if he makes £100 out of this... great, £500.... brilliant, he is not bothered .............just wants money and he is using the courts to try to extort it from my mum!!!

 

 

 

I have now got to prepare a witness statement.

 

VJ can you help.

 

I am off to the pub to watch the match, I need a few beers.

 

Can I make a counter claim for distress??

Edited January 14, 2012 by MARTIN3030