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    • It would be helpful if you could simply produce a skeleton – bullet pointed – chronology of your letter because it's rather a lot to go through. I do understand that you are asking for a refund of the entire cost of the works. If this is correct then I think that this is unachievable. Presumably some of the materials which have been supplied and some of the installation is useful and at the very least you would have to pay for those. The starting point here would be to get an independent inspection – maybe two independent inspections – of the quality of the work and to make a report as to the problems. You would then need a couple of independent quotations for the costs of repairing the defects to the standard which was expected when you first commissioned the work. If you could get loans, then we can take it further. The fact that the builder is not limited liability company is important to the extent that they are not able to phoenix themselves – meaning that they not able simply to go into liquidation and then reappear under a similar name but escaping their legal liabilities. On the other hand, if you find that you're going to have to you bring the claim then you are going to have to identify the builder – and any assets – and preferably any property that they owned. Can you do this? Also, it will be in your interest to keep this issue to a figure less than £10,000 in order to keep you within the small claims limits for County Court claims – otherwise you risk a fair amount of costs if you happen to lose the case
    • Thanks for opening SO,  nothing since May as you saw before I received a debt collection letter from a 3rd party.   As they got no response ON CHRISTMAS EVE I received  a new 'CLAIM FOR DEBT' containing a handy 'previous case notes' from a court appeal that went wrong. They include an affordability schedule, they have upped it to £182   They are sending the letter in accordance with Pre-action Protocol for Debt Claims (PAP) contained in the Civili Procedure Rules (CPR) You have 30 days to complete the enclosed or possibly face court acton.   'If you ignore this letter and fail to respond proceedings will be issued against you and may increase you liability for costs"   I can then tick a box saying A,B,C,D  etc.  I owe the debt, I owe some of the debt, I dispute the debt, I dont know i owe the debt,, I will pay buy need time, Im getting debt advice, I h ave provided docs,  i need more docs or info, sign and send back.   Ignore or respond?   Cheers!    
    • 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.
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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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hi I have not been on here for a while, but could really do with some advice. I will not drag out the whole tale.

 

I have recently been mis sold a telecoms lease. Thankfully I took my complaint to the Ombudsman and they have found in my favour. The problem is the Ombudsman can only award me £ 5000.00. and to get out of the 7 year lease it is going to cost more like £ 7 to 8000. The Ombudsman has given me 28 days to except there offer but have also stated I should be put back into the position I was in before the mis selling took place, but they cannot do this as it is over the £ 5000 limit.

 

Should I except the Ombudsmans offer and pay the remaining money myself or should I use the information from the Ombudsman and take the offending company to court to clear the whole debt.

Any info would be greatly appreciated. Thanks Jean

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I would personally go through the court route. the £2000 - £3000 shortfall would make it worth my while, and with the documentation from the Ombudsman and them siding with you, I'd say it's a slam dunk case.

 

Can the Ombudsman not make an award AND cancel the contract?

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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Hi Locutus, many thanks for your reply. The Ombudsman have asked for the lease to be cancelled and the phone system removed but, the costs to do this go over the maximum payout they can award. They found discrepancies in the paper work, dates and signatures ect and we were not provided with information at point of sale ect ect. I am confused as to why after being found to have mis-sold the service and the lease the telecoms company are still leaving me liable for the 7 year lease . I am worried that if I do not accept the decision as a full and final settlement I will be out on my own.

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