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    • Court is selected by you if you get an n180 dq form from the court.   Lowell will need to provide signed agreement s for both accounts in their POC to succeed as well as things like notice of assignment and default notices.   If you search here lowell claimform you see they have backed off with better paperwork than you have..those are pants..no ip addresses either i will guess.. Goodluck Lowell!!   Dx
    • I can't read it in detail now, but just skimming over it:   1.  Where is the title?  Didn't we say "Particulars of Counterclaim"?   2.  Where is para 19 and 20?   3.  I think FTMDave suggested putting the individual subtotals and Exhibit numbers against para 18(a) - (d) to make it clearer for the judge?   4.  what is this £3000?    "A receipts in respect of 3 items (a) - see Attachment 1 – Page-4-8 for:   (i) £3,000.00 GTM piling"   Isn't that £3000 already included in 18(a)???????   5.  Why are there two 18(c)?   6.  I don't understand what this means:     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   7.  Does the last sentence need a paragraph number as appropriate?   Read #131 et seq again...    
    • Why not ring the contravention unit (sic) of the council first. Find out why this has happened, but I've a funny feeling it will result in you using the appropriate forms in that link.   They might deal with the bailiffs for you, as there appears to be some comms breakdown .
    • 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.’.    
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Help with filing a small claims


Scouserlad
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Hey members

 

First off happy new year.

 

I am planning to issue a small claims court claim against Lloyd's TSB on behalf of my mother and farther.

 

Here is what has happened so far :

 

I submitted a complaint about PPI mis-selling in March and got a letter late march to advice they will not be uploading my complaint and would be free to take it to the F.O.S which i did.

 

The F.O.S in august 4th returned the file to Lloyd's TSB advising them to make a redress offer within 10 weeks.

 

Lloyd's TSB finally issued a offer letter dated 28th November

 

I made many phone calls each time getting promised the cheque would be here in time for xmas for my parents to use some of the money to get my 13 year old brother xmas gifts

 

10 days before xmas we were promised it had been sent out, 7 days later still no cheque but got a phone call, Sorry about this it will be issued tomorrow 2nd class mail.

 

I told them i am not at all happy at the service they offered a parenthetic sum of £200 between my parents in addition to the PPI refund as a sorry. I have advised £200 is no were near enough the upset that this caused over the xmas period and extra stress this casued on my farther with the medical conditions he suffers from he does not need additional stress been caused.

 

I have advised Lloyd's TSB I do not with to accepted there £200 and will be submitting a small claims court form if they do not increase there offer to a more realistic figure.

 

Any advise on this ?

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Yes, from the sounds of it they are treating you unfairly and contrary to their BCOBS obligations.

 

lloyds seem to be mucking lots of people around with delayed PPI refunds.

It's a simple matter: - they caused the problem for their own gain. All they have to do is to invest more resources into making refunds and they would not have any complaints.

They don't want to do what is necessary.

 

 

Read this http://www.consumeractiongroup.co.uk/forum/announcement.php?f=91&a=228 and the linked articles and then send them a 7 day LBA and then sue them.

 

If you want to see Lloyds pull their finger out in a most electrifying manner, sue them for breach of their BCOBS obligations. You will be amazed at the effect.

 

Don't threaten to sue if you don't mean to go ahead with your threat

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You don't need a template.

 

Just write to them, outline the dates that they promised and how each promise has been broken. Layout how this has affected you and your family over Christmas etec.

Inform them that they are treating you unfairly and that this is contrary to their statutory duty under BCOBS and that if you do not have payment in full plus £XXX compensation that you will sue them in the County Court without any further notice.

 

Make sure that your compensation request is reasonable and justifiable.

 

Somewhere on the FOS or OFT site, there is a statement about how long the banks have to make the payment. Find this and quote it at them.

 

Also make sure that you refer to their obstructive behaviour during your entire claim and that they unfairly refused you in the first place and that they caused further delay by forcing you to go to the FOS.

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Hi

 

I do feel a £500 compensation payment would be fair to split between both my mother and farther as the extra stress and un-needed upset has made there medical conditions worse over the short term. Would you agree that would be a reasonable amount to claim for ?

 

Thanks

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I think that you would need to provide medical evidence in support.

 

The beauty about BCOBS is that a judgment against the bank for any amount spells big trouble for the bank. You can send the judgment to the FSA as part of an official complaint. Also, even the bank itself would be obliged to report the judgment to the FSA.

They would be very keen to avoid a BCOBS judgment

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Yes. It is very straightforward.

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Hi,

 

I received my offer letter from them 9th August 2011 after submitting a claim october 2010, guess what? I'm still waiting for my cheque, numerous false promises and a further letter dated 27th novemebr apologising folowed by another letter dated 3rd december offering an extra 4 weeks interest which takes my refund upto £7145 to be paid within 21 days and still no cheque, I contacted them again yesterday to be told call back in 2 weeks time, I am also seriously thinking about court action as the FOS havent helped at all.

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Hi,

 

I received my offer letter from them 9th August 2011 after submitting a claim october 2010, guess what? I'm still waiting for my cheque, numerous false promises and a further letter dated 27th novemebr apologising folowed by another letter dated 3rd december offering an extra 4 weeks interest which takes my refund upto £7145 to be paid within 21 days and still no cheque, I contacted them again yesterday to be told call back in 2 weeks time, I am also seriously thinking about court action as the FOS havent helped at all.

 

Please will you start this in your own thread and post a link to it.

If you want your money back quickly with a suitable payment in compensation for having to wait around - and if you are prepared to take some serious assertive action, then we can help you

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