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    • So I am now in receipt of a second Letter of Claim this time from DCBL although their letter head now says " DCBLegal"  😱 Now I'm guessing one response to a letter of claim is sufficient and I could ignore this but having been inspired by other snotty letters I wanted to have another bash at one. How does this sound? Dear Lackeys of Company with Unconscionable Morals, Thank you ever so much for gracing me with yet another Letter Before Claim on behalf of Excel Parking Services. How many of these delightful missives do you plan on sending before you muster the courage to follow through on your threats to take me to court? Just so we're clear, here is the response (in italics by that I mean the slanted text below) I previously sent to Excel’s Letter Before Claim, in case your attention to detail is as lacking as I suspect: I am currently 2-0 up in terms of Small Claims Court proceedings and I look forward to the opportunity to claim a hat trick, this case being more straightforward than my previous two. I will be asking the court for an unreasonable costs order under CPR 27.14(2)(g) due to your conduct over this absurd claim. Despite my best efforts, you continue to assert that I have breached your terms. However, I cannot breach terms that I was not present to accept. Have you even read my initial response? I suggest you review it thoroughly and save yourself some money. Additionally, please refer to section 13 of the IPC Code of Practice, 2023 edition. I eagerly await your deafening silence. Remarkably, I haven't heard a peep from Excel since my response; instead, they've passed the baton to you to perform this tiresome routine once more. Consider this my official notice that I am sending a cease and desist letter to Excel Parking Services. Their relentless hounding has crossed the line into clear harassment. Any further demands for payment from you, as Excel's lackeys, will be regarded as nothing more than shameless acts of intimidation and harassment. I now look forward to the deafening sound of your silence. Yours sincerely,
    • Personally I'd go to it and object for the sake of it. They have to attend anyway so I can't see you being liable for any costs or anything (if they try to ask for attendance costs, just say that firstly it is their application, secondly it is from their own making, thirdly that they would have to come anyway so you shouldn't need to bear their costs.   When you turn up you should object on the basis that the witness has been in office since the time of the order, and could have done their witnes statement in advance of their AL. Their poor planning is not your fault, 7 days is too rushed for you as a LIP and there is no good reason that a company can't organise itself to sort WX in time. Also they say finalise so they already have something, its not like thye have nothing. Their amendments cannot be so important if they are being added so late.   see what @AndyOrch says but that's my thoughts  
    • Yes, in the main your understanding of my case is right. Linked below to the post with the final WS sent to the court and to Evri.   
    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
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Determining reasonable time for work to be completed


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My call to be furbished with a completion date seven days after the double glazing installation team had left my home was answered by what appears to be a mentally unstable drama queen that does not demonstrate the skill of listening and rants rapidly on her own agenda.

 

She clarified she was not aware of all the details of the sale, was adamant she did not want to hear them and indeed demonstrated this by talking over all who contacted the company regards the customers position. Her unprofessional manner and conduct were further demonstrated by her repeated aggressive calls to the customer, refusal to provide information requested by the customer's colleague, refusal to let the customers carer speak, refusal to allow calls to be dealt with by someone else, attempts to project her conduct upon the customer both verbally and in writing, her lack of concern for the position the firm had placed a vulnerable person in and her distressing continued use of offence and attack rather than listen or reason.

 

She has advised my carer and I that the contract will be completed at a time and date that the firm has a suitable engineer in the area and that this near 3 week from removal of vital equipment for the customers well being and safety is to be given no consideration. Furthermore she advised my carer that two will be attending after being informed by my carer that he needed a date and time as he would need to be present on account of how distressed I was as a result of her conduct. This was followed up by a jackanory that a 6 month pregnant office worker was so upset by my call that she had to be sent home!1

 

It is a dangerous game this woman is playing with a vulnerable persons health. I have been unable to stay in my own home due to the lack of the equipment contracted to be reinstalled by this company and to boot I am being accused of the very conduct of this drama queen.

 

Would this delay in completing the work to suit the company having an engineer in the area be determined as unreasonable given its impact and the position it has left me in?

 

Thanks in advance for any advice.

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erdd2 welcome to The Consumer Action Group community.

 

You haven't received any replies to your problem yet so you might be better off posting your story again directly in the sub-forum which deals with your kind of situation. You will get lots of support there.

 

Also, spend some time looking round the forum. Once you understand the layout, you will be able to get best use from this Consumer Community. It is a big forumm and may take some time. But it will be worth doing.

Good luck.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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The general rule is that in so far as it is impossible for a supplier to replace or repair, they can't be forced to pay through the nose, to engage another firm, or whatever else you may expect.

 

However in so far as a significant delay or inconvenience ensues, the consumer is entitled to rescind and be reimbursed and a trader who made a mess of a job could also be liable for incidental damages.

 

P.S.

 

I don't really understand the question about a "reasonable time". The usual purpose of specifying a completion date would be to eliminate the doubt.

Edited by perplexity
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Thanks for the welcome and assistance.

 

The contract included the replacement of my existing cctv from my old door to my new door at the time of replacing all windows and doors. It was accepted and agreed with the salesman and the surveyor that the matter of the cctv was priority due to my circumstances. It was also accepted and agreed that if the window fitters could not do this, an engineer would be sent. The surveyor arrived with the installers to stress this point and address the issue. The installers stated with witness present that as it was out with their area of expertise and given its importance they did not want to perform this task. The surveyor left saying he was going to arrange for an engineer to deal with the cctv and that someone would be in touch.

 

This was 24th May. Windows and doors were fitted over 24th and 25th May. No call by 5pm Friday. Office closed, I contacted salesman who assured me he would deal with the matter. Still no call by 1st June and thats when I attempted to speak with aforementioned drama queen with all the ploys of a cowboy company shield.

 

To be fair, I stupidly paid before the entire job was complete, but did not expect to be treated so ignorantly and abusively by the ranting drama queen, employee name removed Loch Leven Windows and Conservatories, Glasgow. Oh and the company preferred cash!

 

Position prior to my carer calling was engineer might be in the area on 11th June, position since is that engineer will be here on 11th, but I am not holding my breath!

 

Again thanks in advance for any assistance.

Edited by IdaInFife
removed employee name
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do you have a written contract or order and was the moving of the cctv included in it?

If it is, then suggest you write to them giving them 7 days to complete the works or will get somebody else to do it as it is a priority and will then take them to court for the costs.

even if it is not in wrting you could still go this route as it obvious the cctv would have to reinstated.

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Do you intend to be the victim or the persecutor?

 

That is meant as a serious question. You might be able to get the job done by pleading for mercy or you might be able to scare them into it, but the impression I get from here is that it fails to try to do both at the same time.

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