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    • I thought you said that the order asked for you to submit a re-drafted defence and counterclaim?  Isn't that order just asking you to re-draft your counterclaim only, and for the claimant to draft a defence to your counterclaim?   Is the order only asking for a re-drafted counterclaim from you?   (I'm going out now for the rest of the afternoon... )
    • Sorry, Is it possible to ask the court for an extension? I see that I still need to do more on this, i.e supporting the claim
    • And if anybody thinks it's worth the effort I can go through that and make it clearer to read by taking out the strike throughs and the coloured formats so that it reads as intended and is less confusing.  That would be later today or tomorrow am.   I might also add something like "For the reasons above - ie that the work carried out by the claimant was unsatisfactory and incomplete and because of monies already paid to the claimant - the defendant denies the claim.  Furthermore, the defendant seeks to counterclaim against the claimant for damage caused to the defnedant's property by the claimant"   I'm not suggesting anything I've put forward is perfect or necessarily better that FTMDave's suggestion.  But perhaps it will serve as a backup if nothing better turns up?
    • Ok here is the preview please let me know if it looks good or need changing for security i remove my details and address     IN THE COUNTY COURT SHEFFIELD     CLAIM NO:   BETWEEN    HX PARKING LTD (CLAIMANT)   And                                 (DEFENDANT)   CONSENT ORDER   Upon the Parties having consented and agreed to the judgement set aside.   IT IS HEREBY ORDERED THAT   - The judgement dated 9th of June 2021 be set aside. --------------------------------------------------------------   HX Parking LTD 161 Preston Road, Lytham St Annes FY8 5AY                              
    • I agree with all that.   Can I just add that I've gone through the defence again and tried to make a bit more sense of it - and perhaps try to address or skip over some of the questions asked by FTMDave.   Can I make clear I am not criticising what FTMDave has already done - I think that was a great job.  It's just that I have found the OP's explanations still very unclear and difficult to understand so I've tried to make more sense of it.  If what I've done is just making the whole thing more complicated and confusing then by all means ignore it.   Bits I suggest deleting altogether are struck through.  eg this   Bits in red are my suggestions/improvements.  (Or maybe they make things worse!)   Bits in blue and bold are my questions.   Whether this is really an improvement or not I don't know.  Feel free to ignore...   ===============================================================================   1.      In this Defence:   a.       References to the paragraph numbers are in reference to the paragraphs in the Particulars of Claim issued on 25/02/2021.   b.      A matter that is not admitted is a matter which the defendant is unable to admit or deny and requires the claimant to prove.   c.       The defendant adopts where appropriate the abbreviations and terms in the Particulars of Claim for convenience only and without making any admissions thereby.   2.      The defendant admits paragraph 3.1 of the claimants claim.   3.      The defendant denies paragraph 3.2 of the claimant's claim. The true agreement between the parties involved the defendant and claimant agreeing that the claimant would undertake building work (Project 1) at the defendant’s property in relation to 3 specific areas. These were; and named Project 1   a. To underpin the bay window at the property, b. To repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   4.      During the process of the contract agreement above   Subsequently the claimant was also engaged on further work to do the attached on 07/09/2020 for a total amount of £2,580.00 called (Project 2).   5.      In relation to the installation of a new beam and the above this work was agreed between the parties  It was agreed between the claimant and the defendant that Project 1 was to be carried out under the instructions of a structural engineer engaged by the defendant. It was agreed between the parties that the claimant's work would be as a result of instructions received following the structural engineer's assessment of the property.   6.      Between June and July 2020 the defendant 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.   7.      It was agreed between the parties that the works would commence on 13/08/2020.   8.      It was agreed between the parties that the total sum for the completion of all the claimant's work regarding Project 1 would be £4300 called project 1.   9.      It was agreed between the parties that the claimant’s fees for the work would be paid through three instalment payments. 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. As such three payments were to be made each of £1433.33.   10.   The builder arrived at arrived at work at 2pm on 13/08/2020 when a contract agreement was drawn up. A cheque for the first payment was issued on the day and he worked for two hours.   11.   On 24/08/2020 the builder approached me to book an appointment with the building inspector to inspect his work as the work was approaching midway and he would need the mid-way agreement money, I obliged and a second cheque was issued. He had carried out about 25 hours of work time in the property, attached is my diary of his work. The appointment was confirmed with the building inspector and builder the informed.   12.  The building inspector showed up and but the builder, having promised to be there, was absent.  The inspector walked around inspecting inspected the builder’s work and making comments in anger was obviously displeased by the standard of work.  I called the builder and pass the phone to the building inspector.  All I heard from the inspector was “Do you know what you are doing", repeatedly, “why are you not here you knew I was coming?” followed by describing the mode of doing the work to him. After the conversation with the builder he then asked me for a piece of paper and he started to explain the process which might be useful to the builder when he came.  The inspector spoke to the builder by telephone, asking him why he was absent and questioning him about the work he had done.  The inspector then gave him some instructions over the telephone also and left a list of instructions with the defendant to be passed on to the builder.  The building inspector then said he would be getting in touch with the structural engineer with his findings and the defendant should hear from the engineer soon.   13.   The builder came late that afternoon and I handed him the paperwork given by the building inspector and the builder assured me he would sort it out, that he now had an idea how to go about it, to which I said the inspector would communicate with the structural engineer who would be contacting us so he should wait and he agreed.   14.  The structural engineer visited and recommended piling to complete the underpinning.  The builder then said that he did not have the appropriate tools for piling.  It was suggested to him that tools could be hired, but he did not respond. “But you can hire them most people do.” There was no answer. The structural engineer then introduced another tradesman who was able to do it for £3,000.00 and I paid the that tradesman to do the piling.   15.    The defendant explained to the claimant that that £3000 would have to be deducted from the agreed price for Project 1 as that work had originally been agreed in that project.  I then turned to my builder after payment that you are now £3,000.00 in deficit but we will sort this out after the rest of the work is complete.  [Is all of that true?  I don’t know.  Is there evidence it was included in Project 1?]   16.  On 02/09/2020 he the claimant asked for more work to cover his losses having paid lost the £3,000.00 for underpinning to another tradesman.  I agreed and I asked him to price the job. His quotes were outrageous.  Little did he know that I had had quotes from other people and the internet.  e.g. he quoted me £1800.00 to plaster three rooms as against another plasterer who quoted £850.00. When I showed him the plasterer's quote, he was not shocked, I told him that, because he was on site I would pay him £900.00 final and he accepted. See attached builder quote for Project 2.  [I think that is all waffle and I don’t understand it]   16.  The claimant asked if the defendant needed any more work to be done and, despite the problems encountered on Project1, the defendant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580.   17.   For this reasons the builder was able to obtain a second contract from me for the amount of £2,580.00 signed on 07/09/2020 which I called Project 2, being, I believe the only way I could compromise the £3,000.00 paid to the tradesman. Again the contract agreement was identical to the initial contract for £4,300.00 (Project 1).   [I don’t understand this paragraph.  Delete it?]   18 17.  Both the initial project 1 and project 2 started to go badly and I made several complaints to him, e.g. bad pointing.  His response was all it needed was a good wash down and this bad pointing remains so to date not washed.  As work commenced on Project 2 and continued on the remaining work for Project 1, the defendant had occasion to make several complaints to the claimant regarding the standard of work   19.  18.  Around 15/09/2020 barely a week the builder had got the project 2 job, he was trying to ask for money for project 2.  Barely a week after starting on Project 2, the claimant demanded payment.  After a period of negotiation I agreed to pay him £2000.00 on 18/09/2020.    20.  On 18/09/2020 I handed a cheque for £2,000.00 to the builder.  He insisted on payment in cash even though my previous two payments had been by cheque.  I was only able to withdraw £1500.00 which I paid him.  The atmosphere was extremely hostile and under a steam of pressure I mistakenly wrote that the contract was agreed as £2,800.00 instead of £2,580.00.  However, balance at completion was correctly indicated at £1080.00.   [Way too complicated to follow.  Delete?]    19.  I paid the claimant £1500 in cash.  We agreed that this left a balance outstanding on Project 2 of £1080.   21.  We both signed the contract.  The builder left.  Later we saw the builder and his colleague on my CCTV camera walking away with my steel beam that had come off lintel. When I rang him and told that I had seen him on CCTV he admitted what he had done. I have now included the cost of the pair of the steel beam in my schedule of loss.  He charged me for work during which he stole my material to do the work without refunding the material used. This was the beginning of my dissatisfaction with the builder.   20.  It came to the defendant’s attention that the claimant had removed material (including a steel beam) from the defendant’s property that the defendant is clear either belonged to the defendant or had been paid for by the defendant in connection with Project 1.  When challenged the claimant admitted he had done this.  The defendant has included the value of this material in his counterclaim detailed below.   22.  21.  On 21/09/2020 I highlighted and sent a snagging list to the builder.  On 26/10/2020, he sent somebody to my house to clean up plaster damage to the wall and to the living room laminated flooring almost four weeks since he had last worked on the house.  The person he sent made a mess of the job.  I then updated the snagging list and gave a copy to his colleague who was doing the cleaning to give to him and emailed him a copy and sent copies by post to his address.  Over a month later he 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   23.  22.  The next contact with the builder was on 12/01/2020 when I saw a note on the door demanding  he demanded 2,800.00. to which I immediately responded in my letter dated 17/01/2021 for asking him to explain how I owed the that amount as all that had been agreed as outstanding on Project 2 was £1080. so that I can deal with his claim. As I had no response from him on 05/02/2021 I sent him a recorded delivery pre-action notice.   24.  23.  The claimant builder then acknowledged my pre-action notice by sending me notice to pay pay £2,866 by 26/02/2021 otherwise he would take me to court. I therefore waited for his court claim to defend and counterclaim.   25.  The builder's court notice arrived and this was the beginning of assessing the cost of the damage and uncompleted work by the builder, by inviting tradesmen to come to the property to assess and give me quotes. More information was also sorted from the internet. Where I am not able to get accurate information or tradesmen to give me a quote I have left it as blank or TBA (to be assessed) on my schedule of loss, attached to this statement.  [Is this relevant here  Delete]   24.  For the above reasons the defendant denies the claimant’s claim and seeks to make the counterclaim detailed below.   [Does that seem right?  I don’t know?]
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advantage car finance changes and mis sold insurance


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Hi there

 

 

I am looking for some advice with Advantage car Finance.

 

I have a car that is due to be finished in the next 6 months

have had the finance over the past three years.

 

 

My questions are

 

 

is there any rules that state what companies can charge you for phone calls letters texts unpaid direct debit charges etc ?

 

 

Advantages charges are very high

i was wondering if i could claim any back as unfair?

 

 

they charge

unpaid direct debit- £12

telephone call £7.50

text message 50p

arrears management fee £12 (per week)

letter £7.50

 

 

are these charges legal or anything i can claim back if so how?

 

My second question is regarding the insurance i was mis sold when i purchased my car.

 

I was sold GAP, MOT and mechanical insurance

 

 

at the time i was not sure whether to take these but was told they could be cancelled at any time, i went ahead with them .

 

 

some time later i called them when we were struggling financially and asked for them to be taken off.

at that point i was told i had paid for them and they were in the finance and were £2000

even if i cancelled them i would still have to pay for them whether i wanted them now or not.

 

 

my second question is can i claim for the mis selling of these insurance pollicies? and if so how do i do it ?

Thank you in advance for any replies i receive.

Michelle

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ho ho advantage again.

 

 

you can reclaim EVERYTHING you list!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sorry for sounding thick but how do i do it ?

 

 

some months i have had up to £100 in charges.

 

 

I have asked them not to call me and told my husband to never answer the phone to them

so they dont change us so they then send me letters which they charge me for instead !

 

If possible send me the links to anything ill need

 

 

or just tell me what i need to do please.

 

 

Thank you so much for your help x

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sri the link in post 2 took a while to show

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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first port of call is get an SAR off to them.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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wow that takes some reading and the attachments i cant find or open so im struggling with it i will print off the SAR now and post to them and then will come back for help please.

thanks

Michelle

 

There was a lot of attachments and I ran out of space so had to remove quite a few.

The SAR alone I received was 216 pages of lies.

 

You will be in for a huge fight with them, they are sly, they lie and basically do not know basic maths.

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just to check everything, if you have a copy could you post up your

 

original agreement, with all personal details removed please

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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HOW TO UPLOAD DOCUMENTS / IMAGES ON CAGicon IMMEDIATELY YOU DO NOT NEED 10 POSTS

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAGicon you must ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

.

ENSURE: To leave all Monetary Figures and Dates.

.

DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

.

1. SCAN YOUR DOCUMENT

.

- Set your default scan page size to A4 less than 300 DPI (150 will do)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

- Don't forget you can use a mobile phone or a digital camera too!!

.

- If you have multiple scans/pictures please put these into a WORD DOC first ensuring you have removed all Personal Information before converting to PDF.

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- IPHONE ONLY: Take a picture and Convert to PDF via an APP

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2. HOW TO EDIT (Remove Personal Information)

.

- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

.

3. HOW TO CONVERT YOUR DOCUMENT TO PDF

.

- If you have OFFICE installed this has an installable PRINT to PDF option so use this and save as PDF.

- If you have PDF as an installed driver use this program and save as PDF.

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OR Go to one of the many free online pdf converter websites:

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- http://freejpgtopdf.com/

- http://www.convert-jpg-to-pdf.net/

- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

.

PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

.

4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

.

- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

.

- For Example: Default Notice DDicon-MM-YYYY.

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

.

5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

.

- In your Thread/Post open a new msg box here.

- Click 'Go Advanced' below the msg box.

- Click 'Manage Attachments' below that box.

- Click the 'Add Files' button on the top right.

- Click 'Select Files', navigate to your file(s) on your PC.

- Click 'Upload Files'.

.

- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!

.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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