Jump to content


  • Tweets

  • Posts

    • The "grief tech" firms helping users create talking avatars of their dead relatives.View the full article
    • I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

court claim asking for amount plus 'costs'? **Claim Discontinued**


Buel10
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1393 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Plenty of time then yet...lets have a further review say mid week next...you may in the meantime send an email stating that the claimant has failed to comply with directions dated xxxxx.

Ideally this should be by way of an application and fee....but the game is to get the court to do it of their own accord.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Replies 198
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Yes indeed:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy,

Just a quick one - The court today told my friend that they have issued a letter to him and the claimant explaining that the claimant has to supply the documents by March 5th or the claim will get struck out. I am frankly surprised by these 'extended' deadlines they have been given.

Link to post
Share on other sites

Benefit of doubt Buel...but dont worry it will be struck out.:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...

SUCCESS!!!!!!! :lol::jaw::madgrin:

 

AC Roof Trusses contacted the court to say that they wanted to discontinue the claim. They still haven't let my friend know this though and we only know as we rang the court. Still, what bloomin' wonderful news!!

 

You know why 'we' won? Because of YOU, Andy!!! Being 'in the right' kind of helped, Lol, but your help has been invaluable and we will be making a contribution to this site this week.

 

Seriously Andy, it's people like you that give me hope in the kindness of people!!!

Link to post
Share on other sites

As soon as you receive confirmation from the court, I suggest you submit a schedule of your costs and disbursements (copied to the other side) and ask for a wasted costs order!

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

Link to post
Share on other sites

SUCCESS!!!!!!! :lol::jaw::madgrin:

 

AC Roof Trusses contacted the court to say that they wanted to discontinue the claim. They still haven't let my friend know this though and we only know as we rang the court. Still, what bloomin' wonderful news!!

 

You know why 'we' won? Because of YOU, Andy!!! Being 'in the right' kind of helped, Lol, but your help has been invaluable and we will be making a contribution to this site this week.

 

Seriously Andy, it's people like you that give me hope in the kindness of people!!!

 

 

Excellent...delighted that this has been resolved for your friend Buel

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

As soon as you receive confirmation from the court, I suggest you submit a schedule of your costs and disbursements (copied to the other side) and ask for a wasted costs order!

 

Oh Gosh I would like to do that, it has taken up sooo much of my/my friend's time.

 

Andy, is this possible please?

Link to post
Share on other sites

No its small claims track and CPR 38 does not apply.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 5 months later...

Hi - an unfortunate update:

 

As stated,

A C Roof Trusses never did follow up with their court claim:

something that my friend and I are both eternally grateful to Andy for (my friend made a decent contribution to the site).

 

However, in order for my friend to get his building 'passed off' by the local planning department,

he needs the 'calculations' for the roof trusses that were provided by A C Roof Trusses.

He wrote to them to ask them for them and

 

on 24 June the reply came back of:

 

"Whilst the cost of the calculations for the timber frame is included in the quotation, the cost for the roof truss calculations are not.

These incur an additional fee of £250+VAT and as such please find enclosed our invoice for the supply of these.

Once payment has been received in full, the calculations will be issued'.

 

However, on the FAQ page of their website, it states that 'the truss calculations and layout drawings' are provided free of charge'.

 

 

Please see here:

http://www.acrooftrusses.co.uk/faq

 

Since then he has sent them the following letter:

 

'Thank you for your letter dated 24th June 2015.

You stated ‘Whilst the cost of the calculations for the timber frame is included in the quotation,

the cost for the roof truss calculations are not’.

 

 

Yet one of the reasons we chose you in the first place was that on your website’s FAQs,

it states:

 

Q. Do you provide drawings or calculations?

 

A. Once an order has been delivered to site we can provide truss/floor beam calculations and layout drawings free of charge.

 

Please can I ask why this is not the case with my order?

If this is not the case with my order,

please can I ask you to provide supporting documentation?'

 

He has not received a reply to this letter and being as it was signed for, we know they received it.

 

We did contacted the Trussed Rafter Association

after many emails exchanged,

 

 

ultimately they replied with this:

'With regard to your complaint against AC Roof Trusses and your request that the TRA solve your problem.

 

Given what you say in your e-mail of 14 August,

it would appear to be necessary to explain the exact nature of the Trussed Rafter Association and what it can do.

It is a trade association and not an ombudsman, a regulator or a tribunal.

 

 

As such it is not set up to resolve claims, and has no teeth to force a member to comply with a request such as yours.

The most that might be achieved would be for your complaint to result in a disciplinary proceeding.

 

 

To have any credibility, the process would require all of the issues pertaining to the case to be understood by the TRA board

, and in the light of that evidence to make a decision on which of the outcomes proscribed in our articles of association is pertinent.

 

 

Please be clear that none of them can result in the TRA forcing a member to send out a set of calculations.

 

In terms of alternative sources for the calculations, there are no easy or free ways for these to be obtained.

AC Roof Trusses have undertaken the software design work required to achieve these calculations for your specific roof.

The only alternatives appear to be to engage an independent structural engineer, or to ask a different supplier to repeat this design work.

In either case there will be significant charges for the work required.'

 

 

Please can I ask for your help with this?

 

 

Is there a way that I can take court action on this to force/persuade them to provide the calculations my friend needs?

Link to post
Share on other sites

Have you explained to Planning the history behind this why they wont provide the calcs Buel ? They may intervene.

 

Looks like your friend is stuck between a rock and a hard place here as the supplier is being vindictive..

 

You either use the original drawings and engage a Structural Engineer or equivalent.

 

Pay the fee and then litigate for breach of contract.Once planning has passed.

 

Use on line free calcs software to replicate...not sure if planning would accept though.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

One of many if you search Truss Calcs....

 

http://www.selecttrusses.com/truss-calculator/

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi, I don't know if this will help or not.

 

You could send them a Subject Access Request and with that, they should send you everything they have connected to you. They should have a Data Protection Schedule in place. This costs a tenner.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

  • 2 weeks later...
Hi, I don't know if this will help or not.

 

You could send them a Subject Access Request and with that, they should send you everything they have connected to you. They should have a Data Protection Schedule in place. This costs a tenner.

 

Hi there.

 

That is very interesting, thank you. Any other thoughts on whether this will work?

 

In the meantime....

 

This is what my friend sent them last week:

 

Dear Mrs XXXX,

I wrote to you on 7th August 2015 asking you why you are claiming that

‘the cost of the calculations for the timber frame is included in the quotation,

the cost for the roof truss calculations are not’,

 

 

when it states clearly on your own website

 

 

‘Once an order has been delivered to site we can provide truss/floor beam calculations and layout drawings free of charge.’

 

I also asked you to provide supporting documentation to explain why you are claiming

that you need to charge me for these, apparently, free calculations.

 

Please can you reply to me by either explaining this or providing the roof truss calculations?

 

I am obliged to inform you that I have found two other previous customers of A C Roof Trusses

who received their calculations for no additional fee and that should you not supply me with the calculations

that your own website says you will (for no extra cost) within 7 days,

then I will resume my correspondence with Jill Insley from The Sunday Times 'Question Of Money' supplement

 

 

I shall pass on all my communications, both sent and received, regarding this unfortunate situation.

I will also be forced to contact Trading Standards.

I sincerely hope we can resolve this and both go our separate ways and move on.

Yours sincerely,

 

Today, he received this:

 

And just for the record, the contract actually stated 'payment on delivery'....but that's semantics, I guess.

 

So, what to do now then......please can I ask for any advice on this rather unfortunate letter?

Link to post
Share on other sites

Hi Buel responding to your PM

 

Think they are smart dont they ? I will take a closer look in the morning and give you my opinion on how to proceed.

 

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Just to remind you of the true timeline of events, this might help refresh a few things. I have yet to add the details of the court case they withdrew from:

Time line:

 

2014

July 4: Ordered goods and paid 20% (£1218.56). I was promised work would commence immediately and take two days to complete.

 

Early August: Bob Pritchard had to chase AC Roof Trusses for a delivery date, this was given as August 22nd.

August 22: No goods delivered.

August 22: I, Gary Pritchard, went to see AC Roof Trusses and they told me that the goods would 'definitely be delivered by the end of next week', being August 29th.

August 29: No goods delivered.

 

September 2: Incomplete order (Timber Frame) delivered.

September 8: Claimant claims goods were delivered.

September 10: Completed goods/order actually arrived (Driver did not ask for payment nor provide balance invoice or any invoice at all).

September 13: Sent letter to claimant requesting invoice (Recorded delivery).

 

October 2: Sent second letter to claimant requesting invoice (Recorded delivery).

October 2: Claimant issued claim.

October 4: Received letter from claimant with two invoices, both with same date but one with amount outstanding and other with amount outstanding plus interest and court fees. Also received Court Claim.

October 9: Cheque sent for amount outstanding minus interest and court fees (Recorded Delivery).

October 10: Cheque cashed.

October 15: Cheque cleared.

Link to post
Share on other sites

Well, i've got to say that they worded their t&c very carefully.

Imo they're quite within their rights to refuse disclosure of the calculations.

They cost anything between £600 and £1200 from freelance engineers.

They still feel that you owe them money and whether this is correct or not, the calculations were not part of the contract unfortunately.

Link to post
Share on other sites

Hi Andy,

 

Would you agree with king12345? Just a guess here but would getting the calculations done by a professional and then claiming the cost from AC be an option at all? Or am I way off....

 

Hi Andy,

 

Would you agree with king12345? Just a guess here but would getting the calculations done by a professional and then claiming the cost from AC be an option at all? Or am I way off....

 

Hi there Andy.

 

I hope you don't mind me bumping this thread.

 

Thank you - B

 

Hi Andy,

I've just triend to PM you but your PM box is apparently full.

Hope this helps,

Buel

 

Hi Andy,

 

Is all okay?

Link to post
Share on other sites

  • 3 weeks later...
Well, i've got to say that they worded their t&c very carefully.

Imo they're quite within their rights to refuse disclosure of the calculations.

They cost anything between £600 and £1200 from freelance engineers.

They still feel that you owe them money and whether this is correct or not, the calculations were not part of the contract unfortunately.

 

Assuming their Terms and Conditions are as watertight as King refers to above then any attempt to litigate may be futile.Taking that into account and if external fees are as above then £250 may be the better deal and you would just have to swallow your pride...unless you can get a similar external quote.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

You may find some assistance from the law of 'implied terms' - see https://en.wikipedia.org/wiki/Implied_terms_in_English_law. It sounds ridiculous that you could have a contract for someone to build a roof but not provide the drawings needed to get planning approval for the roof.

 

Contract law says that terms will be implied into a contract if they are necessary to give effect to the reasonable expectations of the parties. If it is true that you cannot get your roof signed off by planning without the drawings, it sounds to me like it would be an implied term of the contract that the drawings would be provided. This would be especially strong if common practice in the roofing industry is to provide the drawings.

 

I also think that the Supply of Services and Goods Act 1982 implies a term into your contract that the goods provided during the service must be fit for purpose. If you are not provided with the drawings necessary to get planning sign-off, and you cannot readily obtain those drawings from another source, then the roof was not fit for purpose. This will apply regardless of any T&Cs.

 

I had a look at their website and the FAQs you referred to. I do not believe that this will help them. A statement that 'they can provide drawings' is ambiguous. It is not obvious to me what is meant by the word 'can' and it is not stated whether the drawings will or will not be provided in any particular case. If this company wanted to have a right to withhold the drawings, they should have stated that expressly. I am also not convinced that the FAQs form part of your contract - they are pre-contract representations, they are not the terms of your contract.

 

It sounds to me like you have grounds to push them further for the drawings. You could go to court if they still refuse to provide the drawings. The risk is that they may try to counterclaim for the debt they say is owed.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...