Being sued by Cowboy Builders - please help *** Claim Struck Out ***

[wonky100]

Hi all, this is my first time on here, so am looking for any advice and/or moral support!

 

I'll try to keep this matter as short as possible.

 

Signed up for a conservatory. No ends of problems with company & structure. Have been in touch with Trading Standards who have spoken to retailer regarding some matters in how they trade which break the law, but they won't do anything else as it'll cost too much money. Am also constantly in touch with Consumer Direct.

 

Paid for the conservatory on my credit card (never paid final balance though) and credit card company have now refunded all monies paid via my credit card, so am just a small amount out of pocket which I paid cash. Credit card co have said that they have issued a charge back but Consumer Direct advise this must be under Section 75. Either way, in order to get the money back it has to be established that the retailer is in breach of contract.

 

Not heard from retailer for months, but getting the money back has obviously annoyed them.

 

Received a solicitors letter threatening to sue me for repudiatory breach of contract. Responded to solicitor giving brief details and told them I'd be happy to defend the matter in a court of law.

 

Then received a debt collectors letter giving me 2 weeks to pay up plus charges plus interest. But the letter wasn't posted for 8 days after it was dated and it then took 2 days to get to me. The envelope has been kept. If I didn't pay then they would petition the courts to have me made bankrupt. This matter has not been to court and there is therefore no CCJ against me. It also said that they had been told the matter was not in dispute and that I do not have the means to be pay the debt.

 

This debt collector is not licensed.

 

On Tuesday evening whilst home by myself with the children I receive a visit from 2 men. I answered the door 'cause I wasn't expecting anyone! As soon as I did I knew they were debt collectors. One was taking photos of my home/cars (and we have CCTV footage). The other did all the talking. First he asked if my husband was home, then he handed me an envelope which I took. It was only a copy of the first page of the letter which I'd already received. In hindsight I'm wondering whethe they were trying to make it look they were handing me a summons? Told me that I had until yesterday to pay or else they would be back to take my property. I told them they couldn't take my property as I didn't owe any money and that they had no jurisdication to do so. He told me he wasn't trying to worry me but be a "good girl" and just pay. Asked if they were debt collectors and he said no as this was his personal debt as he'd bought it. He said they'd be back with a bailiff. I followed them out after they left to see where they had parked their car, as it wasn't parked outside our home. It was parked down the street but I did get the reg no and details of car, which match. The car is registered to a company but not the debt collector.

 

Matter has been reported to the Police who have advised to lock all doors and don't answer to anyone we don't know. Also don't pay. Even if we owed money, you don't simply hand money over to someone you don't know.

 

Got home last night and we'd had a message from the debt collectors asking us to ring to discuss their letter and our email. It was a polite enough message, but I guess it wouldn't do them any favours if they left an intimidating message.

 

Then our son tells us that someone had rang when he was in after school on Tuesday asking what kind of business we run, what our son's name was and what his relationship was to us. It would have been obvious to the caller that they were talking with a child. My child is no longer being allowed home by himself (only did it twice a week anyway, so he could go to after school activities).

 

I've rang the number back this morning and it's the debt collectors. Reiterated that I am not willing to speak with them, everything must be in writing.

 

The Police have been informed of the calls (they attended our home Tuesday night and called round again last night).

 

I was just wondering if anyone could offer any advice on how I get these bully boys off our back?

 

Thanks

[Undercover-Elsa]

Hi Wonky,

Welcome to CAG!

Good grief, these guys need sorting out.

Is this First Debt Recovery by any chance?

 

Elsa x

[wonky100]

Hi Elsa, no it's not First Debt Recovery. Don't really want to post who they are, not atm anyhow. I've googled the company and can't find any negative comments about them but then according to Companies House they've only been trading since October 2010.

[Undercover-Elsa]

Hi,

I totally understand your wish for privacy.

Is the original company a member of Network Veka or any other trade organisation?

[wonky100]

The original retailer lied through their teeth! Said they were members of organisations (verbally and in writing) which they weren't. Hindsight is a wonderful thing!

[cerberusalert]

Have you been back in touch with trading Standards and informed them of the intimidation?

[wonky100]

Yes, have kept Trading Standards fully informed. They've told us to follow the advice of the Police, ie keep all doors locked, don't answer to anyone we know and if we see anything suspicious ring 999. Just not the best way to live!

[Bazooka Boo]

Well good for you for getting the Police involved at such an early stage, well done!

 

If these fools turn up on your property again then I would call the Police immediately 999, and have them attend.

 

In the meantime, you MUST complain to the following:

 

OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

The Financial Ombudsman http://www.financial-ombudsman.org.uk/consumer/complaints.htm

 

Your local MP http://www.writetothem.com/

 

BBC Watchdog http://www.bbc.co.uk/watchdog/gotastory/

 

Keep a camera by the front door, and if any muppet turns up regarding this dispute you can either photograph or film them.

[dx100uk]

can you please PM the co name to me

 

dx

siteteam

[BankFodder]

this is a very upsetting story.

Does your CCTV record audio? Have you got any of the conversation recorded?

Have you checked your credit file? When this is all sorted out, we would be very pleased if you let us know the name of the retailer and also the name of the debt collector so that others can be warned on this forum.

You must certainly make the complaints which have been advised above – except for the FOS which in this case is not appropriate and would be next to useless anyway.

Claiming that they are a member of a professional body when they are not is an unfair commercial practice and you must report this to the trading standards and to the OFT as a specific complaint.

You must complain both about the retailer and also the debt collector separately to the OFT.

However, you need to make sure that it is all brought to an end. The way to do this is to put it into the hands of the County Court. I suggest that you start a claim in the County Court for the return of your cash deposit. I suggest that you only give the retailer seven days to return the money and after that is your County Court claim without any more mucking around.

You should put together a complete detailed bullet pointed chronology of everything that has happened. In particular you must outline exactly how you got into the contract and how the contract was conducted. You must also make a complete record of what has happened since you decided to stop dealing with the company.

Once you put the claim in, I suggest that if you have any more visits or any upsetting approaches from these debt collectors, that you put in an emergency application to the court to order that is stopped. I'm quite sure that the court will be very happy to order them not to visit you any more until the outcome of the final case.

 

check your credit file. If you find that they have done something to that then let us know because we will have to advise you how to deal with this as well.

[wonky100]

Thanks everyone.

 

I am going to write to the OFT and Watchdog (been meaning to write to Watchdog for ages, did write to Cowboy Builders but never heard anything back).

 

Trading Standards are aware of the retailers false claims. Matter reported to ASA also but am not allowed to disclose details until 15 June 2011 when matter will go on their website.

 

Retailer has made some changes so original complaints no longer valid but were at time of complaint and certainly were in my particular circumstances. Have made further complaints to ASA but accept this will take a couple of weeks to investigate.

 

How do I check my credit file?

 

Thanks

[cerberusalert]

Check with a credit reference agency such as equifax.

[wonky100]

Credit file checked and all is ok.

 

Have contacted Watchdog - watch this space!

 

Will write to OFT re retailer and debt collector, but will have to do this from home. Need to get some work done!

 

Have spoken to OH re starting a claim against the retailer for the cash deposit and he agrees this is a good idea and so will post a recorded delivery letter to them tomorrow. Is this something for the small claims court? It's not a large amount of money. Also, what do I take them to court for?! Am thinking breach of contract due to poor standards of workmanship and the structure having not been completed despite many opportunites but due to eventual breakdown in relationship. Am also think of misrepresentation and failure to give proper cancellation rights and non disclosure of full company details.

 

Lets just hope I have no more messages when I get home and no more visits tonight.

 

Thanks again

[BRIGADIER2JCS]

What a disgusting way to trade!!!

Watching with interest.

[BankFodder]

Log everything that happens. record everything.

 

Your claim will be for breach of contract.

 

You entered into a contract with them on XXX date

It was a term of the contract that XXX would be done by XXX date.

It was also a term of the contract that they were members of XXX body

You made a payment of £XX

They were not a member of XX body

They also failed to carry out their tasks by XXX date

 

By virtue of the above the defendant has repudiated the contract and the contract is terminated

You seek the return of you money

 

 

You haven't given us enough details for me to propose anything other than this but it will start off the process.

 

I would feel more comfortable knowing the whole story, quite frankly.

 

You can issue this claim through moneyclaim on line. It will be a small claim. you sill get your fee back

 

When you provide further arguments after they file a defence, then you can go on to tell the whole story. I expect that the judge will not be happy to hear it.

[wonky100]

One of my complaints to the ASA this week related to the mis-use of the logo Investors in People on the retailers website (nothing to do with my previous complaints which i can't discuss until 15 June and I haven't been told that I can't discuss the complaints I have raised this week). Investors in People said they'd write to the retailer. Anyhow a gentleman from Investors in People has been reading some of my posts on another website about conservatory companies (I had been told that my posts had been blocked as the retailer had complained, but apparently not). I foolishy hadn't posted annonymously on this other website! I'm not that good with technology. I hadn't got my posts up to date so as to not annoy the retailer any further but did promise that when all sorted I would post the reports regarding the structure that I have.

 

The goods news is that Investors in People has now just assured me that they also will reporting this retailer to Trading Standards. I gave him the contact details I have as this would give a little credance to my complaint. But he may have to log the complaint with his local Trading Standards who in turn will raise it with the retailers local Trading Standards.

 

Companies like the unnamed one in question need to be shut down for once and all.

 

I know this isn't much but it has lifted my spirits a little, which is very much needed at this trying time.

[BRIGADIER2JCS]

great glad you have cheered up a bit!!

[wonky100]

Just received another call from the debt collectors!

[BRIGADIER2JCS]

OH bu**er, just as you cheered up, what did they have to say.

[Bazooka Boo]

Are you able to record your phone calls at all??

 

Just a thought as it will add weight to the size of the hammer the court will use to bang the nails into their coffin!

[wonky100]

No, I don't think I can record the calls. Am keeping a record of them all though.

 

They just asked to speak with me, said I was speaking (I guessed it was them again), they introduced themselves and I told them that I would only correspond in writing as per my emails. So he said just before I go could I confirm what email address I was using - the one of their website! Confirmed it was the correct one and he acknowledged verbally that he had received Saturday's email but said they hadn't received yesterdays and would I mind resending. So I have. I reiterated that I would only correspond in writing and also expressed my displeasure at the phone call between them and my son. Have asked in my latest email for any evidence, license number and complaints procedure.

 

Now I've just done a recorded delivery letter which I'll send 1st class tomorrow (but I've also sent it by email to the retailer and the debt collector) to the retailer cc debt collector requesting the cash deposit back due to their breach of contract as suggested by BankFodder (thanks BankFodder).

[Undercover-Elsa]

I have a Truecall machine, which used to be available from here but now you have to Google it. got mine from Amazon. It lets you block unwanted calls and record conversations....

[Bazooka Boo]

Thats good, covering all your bases, and sending multiple copies of your letters by all legally approved methods will not give them any excuse to say they didn't receive your correspondence.

 

Keep all copies for your records.

If your unable to record your phone calls, then tell them to commit what it is they wish to say in writing, or the preferred "Everything in writing" and hang up.

 

(Alternatively a dictaphone with a lead which connects to your phone will record your calls)

 

Thats what I used before I bought Trucall, the Rolls Royce of telephone recording and peace of mind machines!!

[wonky100]

Well I have a response to my email / recorded delivery letter.

 

The retailer says my email has been forwarded to the debt collector and they will not respond to any further communication from me.

 

The debt collector says:

 

 

You have today been made aware that we have conduct of this case on behalf of our client.

 

Our client has offered to remedy any agreed faults and or defects and or give credit to the value of the remedial works, in addition to the guarantee requested.

 

You have refused our client entry to complete the work, or to accept a mediated settlement and it therefore appears that you are proposing to pay nil for the works completed and are simply attempting to evade your debts.

 

You appear to have a better than average understanding of debt recovery proceedures. Is this as a result of legal training or perhaps lots of experience of evading your liabilities?

 

 

You have now been put on notice that we intend to resolve this situation to our clients satisfaction."

 

They have not responded to any of the questions which I raised.

 

Also, their clients did not offer to remedy any agreed faults, or offer to give credit to the value of the remedial work. They did offer an insurance backed guarantee but it did exist and I sent evidence of this to them and asked for their comments but they never responded.

 

We did refuse entry to complete the work but only after we had allowed numerous opportunities to remedy and each time they came back they made more of a mess. We have never been offered mediation.

 

Do I wait for the 7 day deadline which I gave them to pay or do I start the court process now?

 

Thanks all

[wonky100]

Sorry, meant to say that the insurance backed guarantee DIDN'T exist.