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    • Hi. this is a long one, please forgive me.   I had extensive works on my home in Oct 2018 which included a loft dormer.  pursued builder for some snagging issues but nothing major (windows sticking, grouting racks and plaster cracks etc.) to no avail, builder gave me lots of excuses, illness, family issues which I was sympathetic to.  All of which came to heads in Oct 2019 when the dormer roof began to leak very suddenly and severely.  He came back to 'rectify' it a few weeks later and either ignored a lot of the other things or did them very poorly. the roof began to leak again May 2020  with damp patched appearing and then building up to an active drip in October 2020.  I tried contacting the builder which was ignored and instead I contacted my insurance/CAB and tried to gather evidence and quotes to rectify which was difficult given the pandemic.  My insurance has since said they wont help under my legal cover (this is with the FOS) and so I'm trying to resolve this by myself.  I contacted the builder with all the evidence in November 2020, he said he would put a claim into his insurance.  I asked for the details, timescale to be expected and asked him to arrange a temporary roof to mitigate his losses as well as reduce further damage to my home, he ignored these requests and  seems to have blocked my calls, only contacting me by text to say 'no news from inrsurers, they will contact you in due course.'   He is not a limited company, that apparently matters.  I have since sent him this letter, it is a huge amount of money, I've asked for full refund of the works, but in actual fact I'm aware that if he engages, he will likely barter with me to get me down, I know that and only hope that if we can agree on something, it is the cost of rectification as well as temporary accomodation whilst the roof is being replaced.    Do you think I can do this on my own?   Dear ___________, I have discovered the following problems with the work you have done for me:  ·         The roof of the dormer/loft room is leaking again, despite your attempt to fix this in October 2019, causing water to trickle into the ensuite shower room as well as the bedroom through the ceiling light, window and door fixtures.  Following heavy rain, the leaks are bad enough to fill buckets and there is water running down walls around the windows and also soaking into the wooden structure causing water marks in various areas of the loft room, loft landing and downstairs rooms. ·         The water ingress has affected the electrics in the house and has caused them to trip several times.  There are several double sockets in the bedroom which cannot be used due to watermarks around them, meaning there are more extension plugs being used which is not only inconvenient but higher risk. ·         The tiling in the bathroom was an inadequate job: the floor is uneven and the tiles have become loose there, again, despite your attempt to rectify in October 2019.  The tiles behind the shower are bulging, indicating there is water behind them.  The grouting has gaps and hairline cracks all over it which you were supposed to fix in October 2019 but did not. ·         The resealing of the shower in October 2019 was a very messy and uneven job, you did not even match the colour silicone, nor did you use an anti-mould silicone.  The shower continues to leak. ·         The shower does not drain properly, you ‘wet vacuumed’ this in October 2019 and this did not make a difference.  There is not a big enough fall on the drainage system, something I asked you about at the time of installation and which you dismissed. ·         The joints on the plasterboard under the plaster are showing, as is the edging to the window frames, which means the plaster is bubbling and bulging indicating water ingress. ·         The windows in both the ensuite and the bedroom stick and do not open or close properly, nor do the locks work.  You used WD40 or similar in October 2019 to try to rectify this, but it is still an issue.  The windows have not been installed correctly.  ·         There is a crack from the window frame in the bedroom to the floor where the window has been poorly installed. ·         During the original work you completed in 2018, your workers fell through the bedroom below ceiling 3 times and failed to waterproof the house adequately when there was no roof during the building works.   This resulted in a great deal of water ingress in the bedroom below causing the existing plaster to delaminate and blow on the walls.  I have since had to have this whole room re-plastered at a cost of much more than the £300 you permitted me to retain.  ·         The back porch which was leaking:  you undertook and charged me to seal this off and make the room watertight.  The waterproof sealant you used washed off and you recoated in October 2019.  This is leaking again.  The board you used to overboard the old back door is not sealed correctly and is letting in water, causing the boards to swell.  I have tried to resolve this myself but have been unable to and therefore need this to be done by a professional. ·         The back double patio doors have not been sealed correctly at the sides, this lets water in to the plaster about 2 foot off the ground when the weather is stormy. ·         The patio doors do not seal at the bottom and again, let water in at the bottom of the doors.  They also allow a draft in and hot air out which make the house less energy efficient. The patio doors do not close or lock properly, especially in summer. Despite you attempting to rectify this in October 2019, this has not resolved the issues with the doors.  They are not level, do not close properly and are not water or airtight. I have given you several opportunities to rectify these issues and you either did not attempt to or the attempts you made failed to resolve them.  As I have given you opportunities to rectify this work already, I do not wish for you to attempt again The Consumer Rights Act 2015 says that reasonable care and skill must be used while working.  In my opinion, you did not use reasonable care and skill when you carried out the work on my home and you have broken your contract with me.   I am therefore seeking a full refund on the works you carried out on my home in 2018. I ask that you pay me the sum of £46,000 so that I can have your mistakes rectified. You have informed me that you have submitted a claim to your insurance company, from whom I have not heard.  I have tried to contact you for more information about this and the timescales involved and have given you ample time to contact and address my concerns as well as to try to agree on a temporary resolution which might have mitigated your losses.   However, you have either ignored my communications completely or have responded by saying that there has been no news from your insurers.  At no time have you provided me with more detailed answers to my queries. The liability for work carried out lies with you and not your insurer and I feel I have been very understanding and patient on these matters over the last two years.   However, it is over 2 years on from the original works and I wish to have the habitable space I paid you for. You admitted your error whilst on a telephone call with me on 26/11/20 citing that you used the wrong type tape for the roof and you have never disputed error on the other matters, therefore I hope this situation can be resolved with ease and rapidity that will prevent further damage to my home. Please contact me as soon as possible, and no later than 10 days from the date on this letter, i.e. no later than 26th January 2021, to agree a date by which I can expect the requested payment. If I do not hear back from you in the time suggested above, I will be instructing my solicitor to pursue this claim.  Should you be a member of a dispute resolution scheme, I am willing to consider this as a means of mediation.   yours sincerely,    ___________________     Any advice on what to do should he ignore this letter or refuse to engage is very much welcome, I cant afford to mess this up again (the first mess up being choosing this individual for the works in the first place). 
    • As pointed out your issue is with Sweatband and the warranty is irrelevant but I am fascinated by exactly what this added term says.  Is it only the garage which is a problem or any outbuilding?  If you put up a shed and call it a garden room or home gym is that ok?  If your garage has been converted into a home gym is it still a garage?  Just pointing out how utterly ridiculous such a term is.  Definitely use social media to point this out to as many as possible.
    • Thank you very much indeed for this update. It certainly is a very surprising result – but very welcome. You're quite right, that P2G should get credit for this very customer-facing gesture.  
    • Hi,   Myself and partner went through a home repossession in May 2015 and it always showed on my credit reports.After the repossession we moved abroad till last Feb when we returned to the UK.We did have no contact with mortgage lender while abroad,long story but they made things very difficult before whilst we tried to not have the property not repossessed which I won't go in to at the moment. Anyway I noticed last November time the repossession was removed from credit reference agencies and doe not show anymore under defaults or repossessions. But also since around 3 weeks ago we have a 2 letters from a collection company saying they are collecting on there behalf..which I will respond to with a letter template I found on here referring to the sale of property etc.   1st question is why would the record be removed from credit files an 2nd can it be put back once removed.   Thanks in advance
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Please Help!! :( Company threaten legal action for me selling their brand on eBay - New Era


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Hi, I sold about 20 caps on ebay and my listing got removed and told that these caps were counterfeit. I received a letter by post a few weeks later from "new era" with the print screen of their order details and some undertaking for me to sign. I sent them the signed undertaking and agreed to never sell these again and i was unaware that these were fake.

 

I sent the original undertaking by email and by post. they replied to my email saying that i need to tell them how much profit i made and i told them that after deducting all fees, posting fees ect i made about £240, and after about nearly 2 weeks, today i received a email saying that they will accept £225 by the 7TH DECEMBER!!. I am in no financial state to pay them £225!

 

please help me with this, i will be grateful for any advise you guys can give me, do these guys really have a case? is there a way i can get out of this without paying them.

 

I am just a student and i was trying to make some extra money by buying few caps from a wholesaler.

 

thank you!

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The emails they have sent me have no name and not signed by anyone. The last email they sent me was

 

" Sale of counterfeit caps on your ‘my ebay i.d’ eBay user account

 

New Era Ref: "my ebay i.d"

 

Thank you for the information about the profit you made from the sale of New Era Caps. As per clause (e) of the undertakings, you are required to pay the account of profits figure to New Era, we will accept £225 in this instance and look forward to receiving this by 7th December 2012.

 

Yours sincerely,

 

Brand protection

 

New Era"

 

I opened this thread as soon as i received this! thanks again guys!

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You must not pay anyone anything at least until there is certainty these products were in fact counterfeit. If you wish to continue with the dialogue with them, then you should insist that all correspondence is on company headed paper by post and will consider all correspondence as unauthoristed unless complete with a legible signature.

 

Have they asked who this wholesaler was?

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Hi, None of the email i received has any name signed on them and no signatures either!, Although the one letter that i received was signed by someone but there was no name or anything, it just said "New era brand protection"

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You must insist on proof and not just a piece of paper saying so. Sorry, but this is a US company and I trust US companies as much as I trust the inmates of Wormwood Scrubs.

 

Have they asked for any stock you have remaining? Have they asked where you got them ? Have they asked anything ?

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Hi, Yes in the post reply, i sent the signed undertaking, the proof of the website where i ordered them from, i told them that i have no more of these caps and Dont intend on getting or selling anymore as i now know what kind of hats these are.

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thanks for the help guys!, basically this is the first email they sent me when i sent them a scanned copy of the undertakings

 

" Thank you for your email. We look forward to receiving the original undertakings via post.

 

As per the contents of the letter, we would be grateful if you could supply us with the following:-

 

I. full details of all items delivered up pursuant to undertaking © above;

 

II. the names and addresses of all persons, firms, companies or organisations who have offered to supply, supplied or delivered to me any of the Counterfeit Goods;

 

III. the total number and total value of the Counterfeit Goods, stocked, imported to or exported from the United Kingdom by me or sold or otherwise supplied by me in the United Kingdom; and

 

IV. copies of any relevant purchase / sale documentation relating to (d)II-III above in my possession, power, custody or control which related to such information.

 

To pay you an amount to be agreed to compensate you as an account of the profits I have made or, if we cannot agree the amount within 14 days from the date of these undertakings, we will submit to a court"

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Please do follow Connif's advice.

I would also be interested to know which country the letter came from. Could you please put it up for us to see.

 

Let me give you a few details about your situation. If a claim was brought against you, it would normally be brought in the County Court as a small claim. This means that if you lost the case, you would not be faced with having to pay the other side's costs.

 

However, if this company is trying to carry out a sweep of counterfeit goods then they might try to make a more serious issue of it.

 

They want you to turn your profits over to them. However, as Connif has indicated, they have not provided evidence that the caps are fake - although I suppose that they very likely are.

They have not show that they are the owners of any of the rights in the caps - and finally, you need to break down the rights.

 

Are these caps sold exclusively by this company or can you get the same caps elsewhere but with different badges etc on them?

 

If New Era is simply in the business of buying caps from some general supplier and then adding value to them by putting on lifestyle branding (character merchandising) - then the only profit they can claim from you is the added value from the branding. The profit from the cap itself, is yours to keep.

It might be that the cap is a generic cap - easily available - and that the branding causes an improvement in the value of, say, £5. In that case would only be liable to pay over £5 per cap.

 

On the other hand, if New Era have rights in the caps themselves because they were manufactured to their own design, then they are more justified in demanding that you turn over all of your profit to them.

 

So if you challenge them, I think that not only you need to ascertain if they are the rights-holders but also what is it that they say they hold the rights to? - The branding/motifs/badges? or the cap as well.

 

It would be a very good idea to start searching the internet to see if you can find identical caps for sale - and eventually see if you can find the source of the unbranded item.

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Well I'm not able to read the last two. Try photobucket.

 

I see that in the first one they are referring to an "account of profits". This is very legal technical language coming directly from the company. They've done this before.

 

Anyway, - account of profits - is precisely what I have described to you above. You would be required to disclose to a court what profits you have made and then turn them over to the claimant - so no surprises there.

However, to ask for an account, they would have to disclose to a court just exactly what their rights are - so no surprises there either.

If they wanted damages - frankly this would be about the same as the account.

 

I expect that this company has done this before and is used to getting all of the money and is not used to be asked funny questions as to what rights do they actually own.

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here this link should work: "s1289.beta.photobucket.com/user/a118822/library/" *please remove the space between com and paste in the url*

 

thanks

 

 

 

Hi,

 

Can't open the link on my phone, could you post a copy of the undertaking you signed? Did you read it and understand what the undertaking was before signing?!

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