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    • Just left the name not dacted. Can you sort this out please
    • Particulars of Counterclaim   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 is  £3,000 – Exhibit 1 (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above, £16,577.12 – Exhibit 5 (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above;  £8577,12 – Exhibit 6 (d)  the cost of the steel beam referred to in para 14 above put down as estimated.  TBA 4 and 5   19. In addition to the amount in paragraph 18 above, the defendant/Part 20 counterclaimant also claims 8% interest under the County Courts Act 1984 from the 26 October 2020 which was the last day of his employee left the property"        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.’.         Signed:                                          (  
    • I regret coming back onto this thread.   What is so difficult about dividing the figure of £16,577.12 into four separate amounts, especially when one is known at £3000?   When you filed your original counterclaim, how much did you want for completing the work?   When you filed your counterclaim, how much did you want for the damage?   When you filed your counterclaim, how much did you want for the steel beam?    
    • not yet. I will post once I receive it.    Thanks for your support Bank Fodder.   Regards BB
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Washing Machine Installation Problems - Currys Unhelpful ***Resolved ***


meemok
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Hi all, would appreciate some advice for a friend of my mums.

 

Her washing machine went kaboom on Saturday (her floor is very wonky, and the machine used to rattle and bang as it wasn't levelled properly)

 

She ordered a new one from Currys, and paid for installation, and it was delivered and installed yesterday. She told the knowhow installers about the wonky floor, and they said they would make sure the machine was level.

 

Guess what?

 

The new one is also rattling and banging, I was there earlier and it sounds like one of those pneumatic road-flattener thingys. It also wobbles and shakes.

 

She rang Currys, they said that the installers would have levelled the machine, and that she must be using it incorrectly. Also, because she didn't take out their 'whatever happens' cover (she ain't daft), she will have to pay for a Hotpoint engineer to come and look at it.

 

Hotpoint told her the manufacturer guarantee will not cover engineer callouts unless there is a manufacturing fault with the machine, and it is down to Currys to sort it out.

 

Another call to Currys, same response as before.

 

She paid extra for the installation to make sure it would be done properly and it blatantly wasn't.

 

Where does she stand? Who is responsible?

 

Thanks in advance for any advice!

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http://www.consumeractiongroup.co.uk/forum/showthread.php?285973-OFT-SOGA-online-hub-useful-info-on-SOGA-for-sellers-aimed-at-business-but-useful-resource-for-consumers.

 

Have a read of the link above. Aimed at business, but it might have the answer to your question. Meanwhile I will try and find some further help for you.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Guest Paul - CurrysPCWorld

Hi Meemok,

 

Thanks for taking the time to post up.

Can you send me a PM with your mothers friends details on i.e phone number, full address and order number if you have it available. I will look into this and see what can be done.

 

All the best,

 

Paul

The KNOWHOW Team.

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Thanks citizenB! although, the SOGA page is not working at the moment (not fit for purpose? :-D)

[edit: its working now]

 

The machine, as far as we can tell, is fine. It is just not installed properly.

She could have attached the water & outlet pipes herself quite easily, but paid the extra so they could level it to avoid damage like the last one.

 

Ideally, I would like a definite answer to 'who is responsible'. Something she can put in writing to Currys or whoever. She is not very confident on the phone, and I tend to get a bit sweary when customer service people don't tell me what I wanna hear :-)

Edited by meemok
a wizard did it
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Guest Paul - CurrysPCWorld

Hi Meemok,

 

Thanks for this, I will await your PM.

 

Paul

The KNOWHOW Team.

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I just rang her to ask for the order info. She has already had a call back from Kate (maybe Katie) at Currys who was very nice, and said that someone would be with her between 8:15 and 12:15 tomorrow to sort it out, and it wouldn't cost her anything extra.

 

Does that sound right?

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Guest Paul - CurrysPCWorld

Hi Meemok,

 

Thanks for getting back in contact.

 

I was going to sort something out a long the same sort of lines as that.

 

All the best,

 

Paul

The KNOWHOW Team.

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Oh good, you have it sorted now, yes ?

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It apppears so cB. I'm waiting in at hers tomorrow as she's at work, so will be back on at 12:16 if not! :-)

 

Michelle (mums friend) had called Currys again after I left and spoke to Kat(i)e, who seems to think the first C.S. guy misunderstood what her complaint was about. (in his defence, michelle doesn't half ramble!)

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Well they arrived at just after 11 and sorted it in like 2 minutes :-)

Even waited while I chucked some towels in to test the fast spin.

 

Can I change thread title to "Currys actually very helpful"?

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Hi

 

Glad its all sorted.

 

Resolved is probably a better description of the result so I have changed the thread title accordingly.

 

Regards

 

ims

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That is good news meemok :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you ims21, and yes citizenB it is very good news, she is very happy now :)

 

She wants to say thankyou to whoever sorted it out so I am going to send the order refs to Paul and see if he can pass on the thanks to whoever it was.

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