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    • @BearLake1   I have a similar PCN from the same place. I've just received 'Letter Before Claim' today. I wonder if you are able to share your reply to CVS? Did you send your reply by email or mail?   Thanks!
    • Will this work?   I disupte this debt because, Firstly i only ever used my phone via wifi, there was never a notification regarding usage and data. The rules regarding roaming usage has changed,  the default was illegal and was disputed. This matter is between O2 and myself.   The debt purchaser has yet to provide any or all of the required documentation.
    • Hi all   Wow, do I have a situation to contend with now! I shall include as many important facts as needed.   I have received a solicitors letter today, by instruction of MY PARENTS claiming they are beneficially entitled to a property I purchased in 1999.   This property belonged to my Grandad who sadly passed away in 1993. He had hand written a will, not witnessed by anyone, leaving the property to my Mother and not his Son. Of course my Mothers Brother wasn’t happy with this and contested it which ended up in court. This dragged on for a long time, it could have been years? Until it was decided the house be sold and money divided equally. From memory I think the legal feels were around £30k ish.   At this time my parents didn’t have jobs and I was able to obtain a mortgage in 1999 and after going on the market purchased the house for £50k as it needed a lot of work. At the time I was very close to my parents and it felt a good thing to keep the house in the family circle as such (like cars sometimes) but was obviously in my name as the owner. I paid the mortgage and utilities on it and it sat empty for ten years whilst deciding what to do, more my Mother not wanting anyone to touch it and change memories.   The council kept writing to me until eventually said it would be a forced sale if nothing done with it. I then obtained additional borrowing to fund the complete renovation and then rented it out with the idea if it reducing the mortgage. Around the same time and during the crash I manged to buy another house needing work, by using equity on first as a deposit and a mortgage on the new house.   My parents would always refer to the 1999 as my house although this felt awkward. A few years along the way (2010/1/2) my Dad purchased their council house at a reduced rate.   I moved out of my parents home in 2014 and into the second house once it was all modernised, which since the relationship with parents has just deteriorated a lot. Arguing about lots and them saying I need to ‘sign the house back over to them’ on more than one occasion.   To fast forward, the tenants moved out of the property recently and my parents found because as creepy as it sounds, I think they used to drive by or watch them. The signing back over has been demanded recently to which I said was ridiculous etc…   Today I get this letter with 29 paragraphs and crux of which being to transfer to property, with vacant possession and mortgage free, to them and in addition any surplus rent from the previous ten years!   The letter is full of lies my parents have told the solicitor such as:   I lived with them rent free in lieu of paying the mortgage They paid all the utility bills and council tax They paid for and carried out most of the work back on the house in between purchase and 2008 when renovated My Father dealt with the letting agents recently and I ‘merely’ signed the tenancy agreement   There was a time, as my parents have always been high maintenance, I had written something for my Mum to say although I own the house, morally it belongs to her as probably thought it would help the relationship. A copy of this has been included, although I think looks slightly different to what I had printed and also says…about asking their permission to sell it and they could move in if they ever wanted, I really do not recall saying that! This piece of paper I refer to has no date or signature.   My goodness, this has completely knocked me for six. Its like history repeating itself!   I have checked with Eon, Council tax etc… so far and all have been in my name and paid for by me.   The letter also says ‘the facts of this case are familiar to you and you ought not to require any further enquiry’ which almost is like the solicitor knows this is all hearsay/BS and no proof? Also that I should respond to the claim within 28 days. The letter was also not recorded in case it makes a difference.   Another paragraph says advises my parents 'have a strong claim that I am holding the property on trust for them absolutely by way of constrictive trust and/or proprietary estoppel' I have no idea what this means!   One thing I should point out, I used to be very much in my parents bubble, asking them for advice, wanting their approval, very much lacking confidence in awareness of my own abilities. It is since I have started thinking for myself they don't have the hold on me their behavior  have become worse.   What are your thoughts please? I really have no idea what to think!   Many thanks in advance as always   E!
    • So I got a phone call on Saturday on my private mobile phone. This call was from Moriarty law ...I had sent my PAP docs back with no e mail address or phone number ...they said they had used a tracing company to find my details ....I have since called them and put in a complaint that they have breached GDPR regs ..they have now suspended any action pending a full investigation. The agent who called me was not very bright to say the least ..he wanted me to make an offer of payment even though as I told him it was only an allegation that I owed the money as ADCB had not sent the original paperwork back..... he then told me that they could take me to court even if I had not got a copy of my signed credit agreement ....I basically told him to jog on ...I'll let you all know the outcome of Moriartys GDPR breach investigation .
    • or should I sent a copy of Ericsbrother's template  ?    Please help!     Unfortunately for you, I was not born yesterday so I will not be paying the demand as there is no liability in this matter because the signage is prohibitive and not an offer of a contract so none has been breached and anyway the POFA limits any charge to the specified sum so your demand for £160.00 is nonsense. As VCS (Vehicle Control Services Ltd) has been spanked at court on this very same thing several times before I suggest that you discontinue this foolishness. Should VCS decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and then seek damages for the breach of the DPA/ GDPR as per VCS V Philip, Liverpool CC Dec 2016. Even Will and John, the parking world’s worst solicitors seem to have got fed up with Simple Simon’s stupidity and greed and presumably that it why you are wasting your ink on his behalf.
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delores01

delores Cunningham Lindsay more incompentence

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We are in the process of settling a subsidence case using Zurich Insurers who have appointed Cunningham Lindsey as the loss adjusters.

From the beginning, about 2 years ago, Cunningham Lindsey came and accepted that it was a case of subsidence and then produced a 1st schedule of works that ignored many of the damaged rooms (inc.kitchen) and really only focussed on the replastering and decorations.

 

We got an independent surveyor to look over the schedule which omitted so much damage and had to fight for them to include damage to other rooms, damage to doors, and most importantly damage to the floors (with very marked sloping). All the points we raised have been accepted but only after a lot of arguing our case. In the end we asked for the Insurance co to give us a cash settlement as we have lost faith in Cunningham Lindsey and any of their contractors because they have missed so much obvious damage that we had to argue to get included in the schedule of works.

 

The underwriters have come back and said that they will not agree to a cash settlement as they want to see the subsidence repairs carried out. The problem is that either we accept Cunningham Lindsey to project manage and use their own builders or if we use Cunningham Lindsey and our own builder we may not be covered should any problems arise in the future. Alternatively we could appoint our own project manager but at our own expense and again leave ourselves open to no recourse should any works not be done properly.

 

In effect we are being asked to put our faith in the very co.(CL) who have messed us around and tried to settle the claim by doing as little as possible. This was the same Co. that was used by Zurich in 2008 when we first saw cracks appearing and were told by their loss adjuster that the cracks were due to traffic vibrations, even though he looked in the garden and must have seen an ash tree growing in our small garden. At that time they dismissed a claim for subsidence.Cunningham Lidsey have shown ther incompentence in so many ways that we are not happy to deal with them.

 

Any suggestions as to how to proceed?

Edited by Conniff

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Delores I'm moving your post to a thread of it's own so any help will be directed at you and you can keep us up to date without your post getting lost.

 

I have changed the heading to delores Cunningham Lindsay. If you can suggest something that will catch a searchers eye when they google I will change it to that :)

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Sorry if this is a bit rambling, it's early.. some others should also give some advice soon.It's common place for insurers to use only one loss adjusting firm these days, so asking for another to deal may not be an option, and whilst you have little faith, what they have done is not on, but it's not gross negligence, enough to suggest they should not be involved anymore. Options I can think of, ..You could ask if you can appoint your own engineer/surveyor to oversee the repairs, pick a chartered engineer, then all parties can be safe in their knowledge, C/L can then be involved, but the technical and building issues can be resolved under an independent persons watch. Whilst the fallback may go to the chartered person, you have to realise (and this will also help if you choose your own builder)that if an insurer pays your contractor, regardless of who found them, appointed them, if a payment has gone from insurer direct, a contract is formed and the insurer has a responsibility to make amends. I can understand the underwriters reluctance to not want to offer a cash settlement when under the ABI agreement terms they will be reinsuring your property for future subsidence (and other) risks without knowing if it has been done. Potentially you could strike a deal with the underwriter, where you agree to remove subsidence cover, take a cash settlement, repair, provide a structural engineers report (make sure they state what they want to see in the report to save them asking for more and more once it's been done) and once the report is issued, they will reinstate cover.

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Thanks for your input.Much appreciated! The problem is that we have been told that the the underwriters final decision is that they won't pay a cash settlement. So I'm not sure how much room there is to negotiate about removing subsidence cover etc. This was something they were considering but I think that as the settlement would be quite large they have decided to save as much money as they can by having the work done 'in house'. My argument rests on the fact that CL have been incompetent in drawing up a schedule which would just restore us to where we were before the subsidence and were also negligent(I don't use this word in a legal sense) in that one of the ares flagged up was defective drainage which they came and repaired only for us to find that the works were partial and so we had to insist that they come back and do full repairs. We wouldn't have known about this but for the fact that we got an independent surveyor in again and he looked at what they said they'd done and realised it was partial.Therefore would have been none the wiser but for seeking professional advice.How can we now trust them to do all the repairs that will be neccessary? Especially if by appointing our own builder we will be taking the risk that should anything arise in the future we don't know where we stand. Can we go back to the underwriters and ask them to give us their reasoning in writing? We would be happy to do the repairs and provide any certificates that the underwriters require and/or also find another insurer (terminate our contract with Zurich on receipt of the cash settlement) if that is acceptable. But can we insist that the underwriters look at this option?

Thanks

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I would suggest that you just get your surveyor and CL's experts to discuss the works that need to be done and hopefully gain agreement on the way forward. You are always best to go through the Insurers and the loss adjusters plus contractors they use. This is for the reasons given, that you have comeback on your Insurers, if the works are not done properly or they fail a few years down the line.

 

There was a very similar thread on Moneysavingexpert and I think this is how they progressed matters, which I think worked out. Your surveyor and CL's may even be able to arrange to visit the house together, so they can discuss the works, while looking at the problems the house is suffering from. If you can get the CL surveyor to agree that more work is required, then Zurich will fund whatever is required.


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Thanks for your input. Whilst that could work, in our case the insurance won't pay for any surveyor, so that cost would have to be borne by us. Why should we have to pay in order to get the works done properly,surely part of any contract that we have with the insurance co ? We feel like they are trapping us into using their people , who have by their omissions shown how they are likely to cut corners and try to save as much money as possible by doing the bare minimum. But where to go from here?

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Thanks for your input. Whilst that could work, in our case the insurance won't pay for any surveyor, so that cost would have to be borne by us. Why should we have to pay in order to get the works done properly,surely part of any contract that we have with the insurance co ? We feel like they are trapping us into using their people , who have by their omissions shown how they are likely to cut corners and try to save as much money as possible by doing the bare minimum. But where to go from here?

 

Without you paying for an alternative structural engineers report and being able to prove additional works are required, you are unlikely to get anywhere. If you don't want to do that, then you are stuck with the options advised by the Insurers. But of course you are open to complaining and using the FOS if required. If you went to the FOS, they would want to see evidence from an independent structural engineer/surveyor, that proved your case and of course you would have to pay for such an independent report.


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