Everlasting Boilers Claimform - ***Claim Struck Out ***Now a 3rd and 4th Claim

[leerob695]

I have just received this in the post

 

Is this because they didnt send the directions questionare?

 

It says on my online portal that a General sanctions order was made on 25/06/2016

 

thanks in Advance

[AndyOrch]

Yes if they fail to submit it within the 7 days the claim will be struck out.

 

Andy

[leerob695]

just had this pop up online

 

DQ filed by claimant on 09/07/2016 so now what happens?

[AndyOrch]

The claim gets allocated to your local court...Lee this is a self help site...if you read other threads you would know the answer to the questions you keep raising.

 

Andy

[leerob695]

I appreciate that Andy BUT

 

As we have already said the claim is a discontinued claim so i cannot find answer anywhere to is WHY this has been allowed to go to a court WITHOUT them going to a judge (Which you have said is normally the law)

WHY I had to filll a DQ out and send a copy to THEM and the court which i did but they didnt send me one

you helped me with my defence and said that i would be able to use my original witness statement but all i am trying to find out is when i get to have my say before this company who are sneaking around legalities bends me over a barrel

so far the court hasnt even seen it is a discontinued claim WHEN will this happen?

 

These are the answers i cannot find in your self help forum so by me asking the questions im hoping someone else has had similar problems

Is that wrong?

[AndyOrch]

What makes you think the claim has been discontinued..they filed their DQ as per your post above..the claim now proceeds to allocation and you will get a Notice of Allocation next with further directions on how to prepare for trial.

[leerob695]

This claim is a claim that has previously been discontinued under the guise of another claim number

 

As I've stated before

 

HOW has it got to this stage with another claim number when the other was Discontinued

Ie no permission from a judge given

[AndyOrch]

Yes we are aware of that...but this is a fresh claim in its entirety and must go through the process to trial....then you can tell the court they have previously discontinued it.

[BazzaS]

What makes you think the claim has been discontinued..they filed their DQ as per your post above..the claim now proceeds to allocation and you will get a Notice of Allocation next with further directions on how to prepare for trial.

 

Perhaps leerob is referring to the initial (discontinued) claim, not the current claim.

 

Either way, as per your previous excellent advice, Andy, he should defend the current claim fully, as well as pointing out that this new claim was re-started without permission of the court. Hopefully the court will catch up and react to the permission issue, but no harm in defending fully until that happens.

 

BTW, Andy, you must have the patience of a saint. Post 58, 17th May 16 slags you off, yet here you are still helping the OP.

I get the feeling feeling you have no intention of helping as I've had nothing useful from you yet

All I am looking for is a small paragraph to insert to bring it to the attention of the courts that will bring it to their attention that it is a discontinued claim is that so difficult?

 

Perhaps somebody who is willing to help will reply

 

leerob:

 

Andy is helping you, but isn't your personal unpaid solicitor. You have to help yourself, and don't expect to be spoonfed everything, nor get immediate attention every time you post.

[leerob695]

Perhaps leerob is referring to the initial (discontinued) claim, not the current claim.

 

 

 

Either way, as per your previous excellent advice, Andy, he should defend the current claim fully, as well as pointing out that this new claim was re-started without permission of the court. Hopefully the court will catch up and react to the permission issue, but no harm in defending fully until that happens.

 

 

 

BTW, Andy, you must have the patience of a saint. Post 58, 17th May 16 slags you off, yet here you are still helping the OP.

 

 

 

 

 

leerob:

 

 

 

Andy is helping you, but isn't your personal unpaid solicitor. You have to help yourself, and don't expect to be spoonfed everything, nor get immediate attention every time you post.

 

 

 

Never slagged anybody down Bazza

I appreciate the help Andy has offered me on this

I have never been expected to be spoon fed any information as you put it

I have used the search function but there is nothing similar happened from what I can see

So please bazza refrain from trying to troll me and make out I'm some kind of bad guy here

[AndyOrch]

Lets keep this civil gentlemen...there is no trolling....merely an observation and opinion.

 

Lee it is evident from your posts that you are struggling to understand the process...and unless you are reading threads whilst not logged in...whilst you are logged in our figures state that you have only ever viewed 4 threads (including this one) since becoming a member.

 

It may be prudent to start reading up on other threads (particularly from the allocation stage) on what to expect and how to prepare from here on.Look in the Legal Success Forum.

 

As I have already stated this is a self help site.

[martin2006]

Next thing Leerob is the case will be allocated to your local court and a hearing date will be given.

 

In addition to this, it will contain directions of when you need to file your witness statement (as you have previously posted) and any other documents you will rely on, like the agreement which shows no payments due until work is completed and the previous discontinued claim documents.

 

That is usually referred to as your "Trial Bundle" and you will be given a date by which you must supply it to the court and the claimant.

 

One of the reasons there will be no like threads regarding this is because it is extremely rare for this kind of situation to arise, whereby a discontinued claim is restarted with a new claim and permission has not been sought.

 

This 2nd claim must be treated as though it is a claim in its entirety on its own and you only reference the previous claim in your witness statement because it was discontinued and is done with, whether or not the claimant sought permission to bring the claim again. It is in your favour if he didnt, gives you more to bite back with

[BazzaS]

Since the OP hasn't mentioned the boiler not working, or any payment made at all, the following assumes:

a) the boiler works, and the OP has been using it since December 2013, and

b) hasn't made any significant payments towards it.

 

Looking at the major advantages and disadvantages for C and D:

D's advantages : C has restarted a previously discontinued claim. If (and we don't know if they have sought permission or not) they haven't sought permission, D can seek to have the claim struck out under CPR 38.7

 

C's advantages: if they have permission (or can remedy that defect), they have a strong case for a money judgement for some part of the cost agreed for the boiler, even if on a quantum meruit basis.

 

If I was advising the claimant and they hadn't sought permission to restart the case, I'd be suggesting they apply for it PDQ.

 

Should the OP be making an application to have the claim struck out under CPR 38.7, rather than waiting for the Court to decide to do so on its own initiative?. If it turns out the C has permission (or they get it before the case is struck out) isn't the defence then very weak (something should have been paid, even if was the original cost with the cost of any repairs / "making good" deducted)

If the OP hasn't paid a penny since installation, but has been using the boiler, they'd have to show why they shouldn't pay something (the Claimant will say "installation was completed, evidenced by him having used the boiler since December 2013.....").

 

OP have the "snags" been fixed, even if you had to do so / get another firm to do it? You've been using the boiler for 19 months?? Have you paid anything towards it???

[AndyOrch]

Point 3 of the defences states that they are willing to complete payment once the work is complete...that is not in question.

 

A claimant cant apply to reissue claim after its already been issued CPR 38.7.

 

Andy

[BazzaS]

But the Claimant will (no doubt) state "the work is complete, to all reasonableness : the D has had use of the boiler for 19 months."?

[AndyOrch]

I suppose the court will decide and define what " reasonableness " is allowed and why it has not been completed after numerous requests after 19 months.That's if they get the claim past CPR 38.7

[leerob695]

No the Snags have still not been fixed

They have been aware of the problems from the evening the boiler was fitted I have a copy of the reply they sent me saying "Good morning Lee, I sincerely apologise for the mess caused, it is unacceptable. I will chase the situation up and get someone to ring you ASAP to sort this out. (MC)"

the faults and the mess were never sorted out

The contract was once the boiler had been completed i would pay......the install has not been completed and i have numerous faults still

 

Since the last case was discontinued by them i have had letters telling me they are coming to remove the boiler and people knock on my door for the full amount of the boiler

I just want this putting to bed once and for all as im sick to death of it and its starting to make me feel ill with worry

i dont understand the legal system and no cases seem similar

Again thanks all for your help

[BazzaS]

Do you have a working boiler?

If working, what doesn't it do that it should?

(Or what does it do, that it shouldn't?).

 

If there was a mess caused, you are entitled to charge them for cleaning it up, withholding that from your payment,

[leerob695]

The boiler works in a fashion

Keep getting error codes every now and again and it is losing pressure

They have not finished fitting the boiler still as the flue requires fitting correctly and flue cover fitting (I intend to have a report done by a qualified gas installer to say that by his proffesional opinion the boiler instalation has not been completed

Since having it fitted in my loft I have been told it is against regulations as well as I dont have a fitted light OR a boarded area around the boiler to enable access and Maintanence work

Yes the lads left loads of mess in the loft as well

[martin2006]

As per the original post leerob where you saybthat the weatherseal is yet to be fitted and of course repeated in the post above, it would be my opinion that the boiler is NOT safe to use.

Obviously i havent seen the installation but if there are fittings missing or not correctly fitted pertaining to the flueing system of the boiler then i would a hazard an educated guess that it would be classed as " Immediately Dangerous".

I dont say this lightly either, if the flue seals are damaged or incorrectly fitted or missing then i would strongly advise that you contact British Gas or another reputable Gas Safe Regd installer to check this out, immediately.

It could well be the reason you are having so many fault codes appearing on the boiler.

More to the point though, if flue gasses are leaking into the property from a poorly fitted flue, this can cause carbon monoxide poisoning and can be life threatening.

 

I would also strongly advise installing Carbon Monoxide detectors in the home if you dont already have them.

Edited July 14, 2016 by martin2006

[BazzaS]

If a Gas Safe engineer states that the boiler isn't safe to use, that is further evidence that the installation hasn't been completed, and no payment is due.

If it is passed safe to use, then the installer is entitled to a payment representing the value of work done : a quantum meruit.

[martin2006]

I agree with that BazzaS, if it were minor faults it would not be seen as a good enough reason to withhold all payment but it would be seen as acceptable to partially hold back some of the payment until such time as the problems were rectified.

On the other hand, if the installation has been left in a potentially dangerous condition with regards to the faulty flueing then i personally wouldnt be paying a penny until it was rectified.

 

If the latter, i would even be considering a counter claim for negligence as well as reporting the installation to Gas safe Register and RIDDOR

[leerob695]

Thanks for the replies I wasnt notified of any of them by my email as usual happens so my apologies for not saying thank you sooner

The boiler itself was one of these deals where I pay a set about every month and it is also covered for service etc (these also havnt been done) the term was 10 years

[leerob695]

Just had an email from the mediation team

They are phoning me next month for a session

I really want this to go to court and to bring up the fact that they havnt applied to a judge to go back to court for same thing and say my piece so to speak

It's taking ages

[martin2006]

It woukd be very helpful to your case if you could get a report done on the installation prior to mediation or court