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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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letter from HFO regarding a debt


HF whO?
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Okay, I've just found a copy of the letter that I sent to the Company that I never heard back from;)

 

I've had to copy and paste this straight from my computer because I do not as yet have a scanner

 

Roxburghe International PLC

Roxburghe House

Lavender Park Road

West Byfleet

Surrey

KT14 6NA

12th November 2008

Account Number: **** **** **** ****

 

 

Dear Sir or Madam

I have been informed that ********************** have sold to you a debt that I have outstanding with Sainsbury’s Bank.

I have today spoken with two of your collection department employee’s, Chris ****on and Bruce Ch****, both of which were unable to find such records.

The debt outstanding is for the sum of £********** and is recorded at the address of **************************. It was sold to you on the 8th July 2008. My date of birth is *****************.

As per The Office of Fair Trading - Debt Collection Guidance, I request that you forward onto me ALL details and copies of documentation, including CREDIT AGREEMENT, that you may have in your possession.

I look forward to receiving your reply within 14 days of the date of this letter.

 

 

 

 

 

 

That has saved me a telephone call :D

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Couple of queries.

 

Where did 'Roxburghe International PLC' come from? Never heard of them!

 

Where did you get the sale date of 8 July 2008?

 

Did you include the £1 CCA request fee with the letter? It's not in the usual CCA request format.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Couple of queries.

 

Where did 'Roxburghe International PLC' come from? Never heard of them!

 

That was the information passed on to me via telephone call by the Company that had purchased the debt from Sainsbury's Bank

 

Where did you get the sale date of 8 July 2008?

 

This again was details passed on by the company that sold the debt to them.

 

 

Did you include the £1 CCA request fee with the letter? It's not in the usual CCA request format

 

I really can't remember sending any money and at the time I was not aware of there being a CCA request format, I think I just went in off the cuff after reading something???:(

 

 

 

Would the appropraite route be now to send an SAR to Sainsbury's Bank, Blair,Oliver & Scott and Roxburghe Int PLC and see what comes back?:confused:

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Which was the company that gave you this information then, if it wasn't HFO/Roxburghe and it wasn't Sainsbury's? Tracking this is central to finding out your true situation.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Which was the company that gave you this information then, if it wasn't HFO/Roxburghe and it wasn't Sainsbury's? Tracking this is central to finding out your true situation.

 

Sainsbury's gave me the details of Blair Oliver and Scott, the debt was initially passed on to them.

 

H,

Where do Blair, Oliver and Scott come into the equation?

 

When I contacted Blair Olicer & Scott they gave me the details for Roxburghe Int PLC

 

All these details were given in telephone conversations.

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Blair, Oliver & Scott, I believe are sols for Bank of Scotland, who would have been chasing on behalf of Sainsbury,s, the debt would have then been sold to Roxburghe/HFO.

 

You need to speak to Sainbury,s to find out when they sold the debt and to whom.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Blair Oliver Scott is in house Bank of Scotland (BOS).

 

Time to SAR Sainsbury's then.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Blair Oliver Scott is in house Bank of Scotland (BOS).

 

Time to SAR Sainsbury's then.

Sainsburys Bank is 50% owned by Bank of Scotland.

As DB says you need to do a SAR to Sainsbury,s, which costs £10, there are plenty of SAR templates on CAG.

  • Haha 1

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Thought I would drop in as HFO seem to be my mandatory subject these days.

 

You're in good hands HFWho... as long as you can read and write you're already a few evolutionary steps ahead of those at Roxburghe.

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:cool:

Thought I would drop in as HFO seem to be my mandatory subject these days.

 

You're in good hands HFWho... as long as you can read and write you're already a few evolutionary steps ahead of those at Roxburghe.

 

 

:lol

 

I've read your thread and I can confess that my ability is far beyond your capability but I can read and write albeit it with a few spelling issues from time to time

 

 

This is starting to make more sense now.

 

1) Sainsburys

2) Sainsbury's/RBOS Solicitors

3) sale of the debt to Roxburghe

 

So the SAR to Sainsbury's is £10, no problem I can arrange that

 

I will get on this immediately.:cool:

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The SAR will take upto 40 days to process,any documents you receive from HFO/Rox and Sainsbury,s you will need to save envelopes aswell as letters.

 

You should also purchase a scanner and get a photobucket account.

 

All for now

 

BA

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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A recorded telephone call to the debt sale team at Sainsburys might also be in order to make sure that the assignment document HFO/Rox have provided you with (if any) is accurately stated.

 

The only letter I have ever received from HFO was this one very recently which was the reason I registered with the forum

 

I have attempted to contact you several times recently in connection with the letter that HFO had sent you regarding your account, but we did not manage to have a conversation.

 

We cannot resolve the matter mutually until we speak to you and I am forced to inform you that we will have to communicate through our solicitors and the Court. This will result in a substantial increase in your outstanding balance as interestlink3.gif and additional charges will be added to your account.

 

It's our duty to inform you that your account has now been pre-qualified for litigation. In case our solicitors commence legal action against you and obtain a judgment at Court, you will become liable for payment of the court fees and solicitors costs in addition to the debt outstanding to HFO.

 

This will have following consequences:

 

A) A county courtlink3.gif judgment against you will make it very difficult and expensive for you to obtain any credit (including a mortgage) in the future.

 

B) Once HFO obtains judgment against you, we will seek to enforce the judgment in the form of a Warrant of Execution. Court-appointed bailiffs will visit you at ***********************. The Bailiffs will seize your assets which will then be sold at public auctionlink3.gif in order to pay your debt.

 

This would be your last chance to avoid escalation of this matter by calling me on ********************* within 7 days of dispatch of this letter, or else this account will be moved from my desk to our slicitors for legal action. I would suggest you seek advice from your own solicitor if you doubt the seriosness of this situation

 

Yours Sincereley

 

The SAR will take upto 40 days to process,any documents you receive from HFO/Rox and Sainsbury,s you will need to save envelopes aswell as letters.

 

You should also purchase a scanner and get a photobucket account.

 

All for now

 

BA

 

I already have a photobucket account that gets heavily used so there is no problem there.

 

I am hoping to have a scanner by Tomorrow.

 

That is very good advice about the envelopes, I will pick up a large box file for storing EVERYTHING from this moment on.

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I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

sign your name but put crosses through it so it can't be 'lifted'

 

With regards to the address in the above, I presume that I do not include this as I have had 3 addresses since the one they have on record?

 

Also, It has been advised that I DO NOT sign so do I ignore this and just print?

 

 

 

I have recently been receiving calls from the HFO 0203 number, a mobile number and PRIVATE NUMBER... Unfortunately I only answer to the numbers stored in my phone (which is PAYG) and there have been no messages left so I'm not entirely sure who could be trying to call me????

 

I suppose if it persists I can always put 1 of my other sim cards in;)

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0203 is misleading - possibly routed from India. Beware.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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0203 is misleading - possibly routed from India. Beware.

 

Agreed, It was this number that contacted me after my email to them and the people on the end of the line did not have a UK accent. More Americanised so since hearing about the call centre in India I would must definitely believe this to be the case too.:wink:

 

Some place they have built there I must say:mad:

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I think you'll find they rent a rat-infested corner in the basement ;)

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Scan away, please make sure you hide any personal info.

 

Indeed I shall;)

 

Does this include the names of HFO staff or just MY personal details such as address/account details/amounts etc.?

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Remove any names, numbers, amounts/balances and specific dates, reference numbers etc.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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