Jump to content


  • Tweets

  • Posts

    • I got a quote from a builder to erect a basic timber leanto on the back of my property, and do some remedial work to an already existing brick shed. The area for the leanto already had decking but this was rotting so was to be removed.  The builder is a part time firman, and is a near neighbour of my daughter, and semed a friendly enough person.  When he came to view the job in May 20, I explained I was not looking to start the works until begining of August 20, so I could comfortabley get the funds together.  He mentioned he would be free to start on 1st July 20 as had no work booked in for that period.  I explained that I am disabled with a variety of consitions included limited mobility. I run a business from home from my loft office and wanted the leanto so I could have a dedicated space downstairs to work from hen needed. He sent me a quote via email. The quote was in a Ltd company name, but had no address on it and had a start date of 1st July 20.  I agreed in the end to this start date as he said he was free. Total quoted for all works was £10,720 with a deposit of £4390 to be paid immediately for materials to start on 01/07/20.  He sent me some pictures of garden rooms he had recently completed, and I liked the idea of having UPVC cladding for minimal maintenance and asked how much more this would be, and was advised £1730, so I paid a deposit of £6120 on 01/09/20.  The bank account details I was provided to pay the deposit was the builders wifes account.  he said the company was new.  He sent me an email on 30/06/20 saying he was collecting ALL the materials on 01/07/20 and would start on 02/07/20, then he was delayed as was let down by some suppliers. Work did not actually start until 17/07/20 after I requetsed a refund due to breach of contract. They arrived and took town the old decking. there has been constant delays, excuses and outright lies and I again requested a cancellation of the contract and refund as of part of my money as they would turn up one day, then nothing, citing, supply issues, workers being sick, his child being sick, etc.  As he had assured us everything would be ready befoe 15/08/20 we booked a small gathering for a barbecue for my stepdaughters 21st and made the builder aware. We requested a full schedule of the works to be done each day and a completion date, which he gave in writing as 13/08/20, stating that the perspecx roof would be fitted on 11/08/20. Needless to say this did not happen, he claims there were supply issues with the perspex sheets and he ended up putting up a gazebo in the half completed frame of the building on the morning of 15/08/20 as no roof was on and I was concerned for rain, and confirming that the sheets for the roof would be dleivered the following week.  Well the builder went on holiday on 20/08/20, 2 workrs came on 20/08/20 and 21/08/20 to put up tarpaulin as still no roof had arrived, no cladding had arrived and a list of other works ahd not been done. On the morning of 22/08/20 we discovered we had a leak as thay had damaged a pipe when putting up the tarpaulin. I called and sent a text message to the worker and also texted the builder who gave me his plumbers number, who never came to fix the leak. on 27/08/20 I text builder again as still not heard anything form anyone and he said he was back in the country the next day and would come and see what still needed to be done and get things sorted.  He never arrived. On 01/09/20 I texted the builder who said he was at work the next day and my job would be on.  I asked him to explain exactly what that meant as I needed the work done as a priority,  He said, plumber coming today, cladding fitting tomorrow, roof panels Thursday.  No plumber arrived that day.  I contacted builder the next day, he said they were not coming as team member was sick, but he would get plumber there today.  i told him if no one came today, we would get someone else in to do works as I was getting bitten by mosquites from the stagnnant water.  No one came that day or the next.  I decided I would put the remaming works on a bulder site to get estimates to do the remaining works and then would give the builder a deadline which I did.  I spoke to the builder on 08/09/20 when he called to let me know thta he had again chased the roof panels, but he wanted me to sign a waiver about the roof.  I told him no, he had told me on numberous occassions that he had ALL the supplies, he know what was need from the start, and he had lied on previous occassions as he now admitted he had only ordered the roof panels on 21/08/20. he was however saying he had ordered bespoke panels to fit the roof, which were not necessary, discussed or agreed with me.  I told him that he had 1 week to complete all the remaining works or I would give the job to someone else and would reques a refund of monies as by now I had paid a total of £9655. All payments to his wifes account.   The builder called me on 15/09/20 to let me know he had been assured the roof panels were being delivred on that Thursday 17/09/20. I told him that was too late. he knew today was the dealine, he had not even bothered to acknowledge my email and as he clearly was not in a position to complete ALL the works by the end of that day, I would be employing alternate builders to start the next day 16/09/20, which I did.   Sorry the post is so long, but I wanted to give the history.   I have sent a letter guaranteed delivery addressed to the builder, his wife and the company  to their home address asking for a reund of £4500 withing 7 day.   I plan to take legal proceedings against ALL 3.  Although the quote had the company name on it there is no address or contact information on it, all communication came from his personal email address, he requested that the money be paid into his wife's account.   His wife is not a director of the company, she did become a company secretary on 22/06/20, so I believe I rightfully can request she repay the money as she had to right to it.   He has refused to send a breakdown of materials actually used, which is all I am prepared to pay for.  He has said I am not due a refund as he has paid for the materials. He has not fitted the cladding, or done any of the other works, which could have been completed whilst waiting for the roof panels.   Incidentally, the new builders saterted on 16/09/20, and obtained the same roof panels that morning and by Friday 18/09/20 had fitted the roof, cladded one side of the building, fitted,  UPVC doors to leant and brick shed, fitted and 2 UPVC wndows to  leanto.   Your advice regarding the status of the wife would be most helpful
    • Includes eligibility, appeals, tax credits and Universal Credit View the full article
    • Public backs debt enforcement to support vital public services - survey | CIVEA View the full article
    • The CMA has today published further detail on its views on the law in relation to cancellations and refunds during the pandemic. View the full article
    • A passenger is told she had accepted vouchers, although BA's website did not list them as an option. View the full article
  • Our picks

    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 4 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

Urgent Help Needed


Please note that this topic has not had any new posts for the last 3667 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi Can anyone help me with this..

 

I defending a claim for a credit card debt..

 

the dca has supplied microfische copy of an agreement, faulty default notice and faulty notice of assignment..

 

the dca has served another default notice on me while litigation is in progress, therefore I think they are tyring to suggest that the agreement is still live..

 

what I need to know is.. does the court action to demand full payment terminate the agreement, or was it terminated when it was sold to the dca

 

 

 

thanks.... johnny

Link to post
Share on other sites

Hi,

First of all, you cannot be defaulted for the same debt twice

 

If the DCA are the sole claimant then they must have bought the debt. If they were collecting on behalf of the original creditor(OC) the OC would be named as co-claimants

 

As you have received a DN (albeit faulty. Why is it faulty?) and a NOA, (how is that faulty?) then this account is terminated

 

So, to answer your question, the account was terminated when it was sold.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Hi Silverfox1961,

 

thanks for your reply..

 

I think I need to send them a letter accepting their unlawfull rescission of the agreement, should I send this to the oc? and the dca?

 

also is there a limit to how long after I can accept the termination?

 

thanks...Johnny

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...