Disputed debt after dangerous, shoddy and illegal work

[pippadog100]

Hi everyone,

 

I need some advice....

 

About a year ago I hired a gas safe registered plumber toinstall a new boiler, nothing in writing, all verbal agreement. I supplied the boiler and all of the materials. The job was actually carried out by theplumber’s junior, who as it turned out was not Gas Safe registered. I only realised this at the end of the job whenthe junior stated that his boss would return to commission the boiler and dothe paperwork.

I complained in writing tothe plumber about the legality of the work and he lied to me stating that hisjunior had all relevant qualifications but he stopped short of actuallysupplying his junior’s registration number. I also complained that the flue was dripping lots of water to theoutside and that I suspected it was fitted at an incorrect angle.

 

I reported the plumber and his junior to Gas Safe forillegal work and Gas Safe came out and did a safety inspection. The inspector condemned the installation asthere were dangerously high levels of carbon monoxide in the flue. He disconnected the gas supply as the boilerwas too dangerous to use in the state it had been left in by the plumber’sjunior. After over a week without heating and hot water I managed to findanother plumber who was prepared to take on the responsibility of sorting outmy dangerous and defective installation, commission the boiler and sign it off.

 

I was extremely disgusted, upset and angry. I told the original plumber in writing that Ididn’t want him to rectify the work, couldn’t trust him and that I wasn’t goingto pay his bill. I didn’t receive anapology or even any acknowledgement of the appalling service I had experienced.

 

That was 8 months ago but last weekend out of the blue I receiveda letter from a company hundreds of miles away threatening legal action for anoutstanding debt to this plumber for over £800! Far higher than the original quote. I’ve replied to the company briefly outlining the details of the casestating that I do not consider I owe the plumber anything, illegal work, incompletework, dangerous installation etc. I alsosaid that I can prove everything I’ve stated to them.

 

I’ve not heard back yet but I don’t think the plumber has aleg to stand on. What I want to know is,if the original plumber has ‘sold on’ the alleged debt and the company doestake me to court who will I be defending my position against, the company orthe plumber? I suspect the company is a debtcollector but their letter is worded such ‘our client is prepared to take legalaction’ which I don’t think a debt collector would say.

 

Any advice would be greatly appreciated, thanks. PD

[42man]

If it was me in that situation then I would write a recorded delivery letter explaining exactly what you have said above and state in no uncertain terms that you have paid to have their mistakes rectified, and that is has cost you £xxx over and above what they quoted and that you are considering a formal complaint to 'gas safe' (or another governing body which may apply). You state that you are also considering making a court claim also...

[Stigman]

I would also involve your local Trading Standards.

 

Stigman

[pippadog100]

Thanks 42man and Stigman for your replies.

 

I did report him and his employee to Gas Safe, they don't appear to have referred the matter to the HSE.

The inspector said they would but I don't think it happened.

 

I'm tempted to make a counter claim for my costs, stress, hassle etc, if it does go to court.

 

This guy is delusional if he thinks he has a leg to stand on.

[pippadog100]

Hi everyone,

 

The latest in this situation is that the debt collector purports that the case has been referred to Northampton county court.

They have completely ignored all of my correspondance.

I have told them that I am more than happy to defend this case in court and look forward to it.

I have not received any paperwork from the court despite being told by the DCA that it was filed on 8th Jan 2013

I have telephoned the court and they say they cannot help as I don't have one of their case numbers.

They advised I contact DCA so I did.

The DCA said that they have the case number but refused to give it to me as it's a matter between myself and the court!

Can you believe these people.

I am concerned that if the paperwork has been lost in the post, that a judgement will be made against me without the chance to present my excellent defence.

 

Help please, I'm so wound up and angry about this.

 

Thanks in advance

[42man]

How did you contact the DCA ? by phone ? or by post ? if you did it by phone, then unless you record the calls they are probably lying....

[cerberusalert]

If they've done what they say you will have received court papers from Northampton. If in the unlikely event they have been sent & lost in the post you can apply to have any judgment set-aside.

 

Do you have any communication from Gas safe? If not you could contact them & demand a written response to your original complaint, the outcome & their intention towards the original fitter's registration. You can then use their reply as evidence if need be.

[pippadog100]

How did you contact the DCA ? by phone ? or by post ? if you did it by phone, then unless you record the calls they are probably lying....

 

Thanks for your response 42man, all communication had been by letter until I received the threat that the court papers were prepared and would be filed in the next couple of days. I phoned them (witholding my number) and was told it had be filed the previous day, i.e. the same day their letter arrived!

Didn't get a wink of sleep last night I'm so stressed.

[42man]

You could send this to the debt collector (recorded delivery)

 

Dear sir

 

Further to your recent communication, I am writing to you to state my position in this matter.

 

You will be aware of the facts in this debarcle (job not done, not registered, poor work etc)

 

If your intention is to initiate court proceedings then I will have no hesitation in defending or counterclaiming to the hilt, and although I have no desire to litigatie via the postal service, when the issue of costs arises I will have no hesitation in producing both this document and previous documents when the issue of costs arises.

 

I trust this makes my position completely clear.

 

yours faithfully

[pippadog100]

If they've done what they say you will have received court papers from Northampton. If in the unlikely event they have been sent & lost in the post you can apply to have any judgment set-aside.

 

Do you have any communication from Gas safe? If not you could contact them & demand a written response to your original complaint, the outcome & their intention towards the original fitter's registration. You can then use their reply as evidence if need be.

 

I will certainly apply to have the judgement set aside thanks for that good advice.

 

I have the original report from Gas safe which confirms the defects and how dangerous the installation was. As for what action they took against the plummer they won't tell me. They have said that he would have been reprimanded and that this is all on record. I will certainly produce the Gas safe report to the court as it is very damning.

 

I'm tempted to write (recorded delivery) to Northampton court stating all the details, claimant name, my name, DCA name and that I've not received any paperwork. I would also state I would like to defend this claim. Would this letter assist an application to have a judgement set aside if it is sent before the deadline that the DCA has told me? i.e. It would prove that I've not ignored the purported claim.

 

I feel so strongly that I am the injured party in this case, my family and I have been placed in unnecessary danger.

I am so very angry about all this and it's been going on since the end of 2011 when the boiler was installed.

 

Once again many thanks.

[42man]

I would only suggest ringing them however if you can record the calls.....if you do then ask them to confirm that they have applied to Northampton Court for a claim.....(my personal feeling is that they are doing this to frighten you).....

[42man]

If you are out of pocket, have you considered issuing THEM with a LETTER BEFORE ACTION and then taking them to court ?

[pippadog100]

Thanks again 42man, I have considered taking the plumber to court myself.

It was always my intention to defend the claim and file a counter claim but now I am seriously considering filing my own claim.

I did write to the plumber direct just before christmas warning him that if court proceeding are initiated them I would make a counter claim. He didn't reply.

I think a pre-emptive strike could be a good move.

What shocks me is that he should know I've got plenty of evidence against him, does he really think he has a chance in court!?

It's so outrageous you couldn't make it up!