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Lousy Service, possible Breach of Contract?

 

I phoned them and asked them if they could repair a tilt and turn window in a rental property They said that they could and quoted three prices (depending on what work needed to be done) which I agreed and furnished my credit card details.

 

An appointment was made for a few days later. On the morning of the appointment the engineer telephoned me and when leaning it is a tilt and turn, said he could not do it.

 

 

I complained to the company and Mr R**** sent me, (to the wrong address), an insulting reply saying they are not charging me and offering 15% discount on future work (as if).

 

I have asked for reasonable compensation and if I do not get it will take them to court. A complete bunch of cowboys.

 

I see that the company have complained to Trust Pilot about my naming one of their employee sin a scathing review. I have therefore removed his name. It is a pity that Able Group have not dealt with the problem rather than their petty attempts to have it removed.

Edited by Andyorch
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Hi

To be frank, I don't think you have much of a case.

 

You cannot claim for the day you may have had to take off work

They gave you a refund

 

You are now back in the same position you were in before you called them so no loss whatsoever.

 

If you tried to take this to court, I fear you would lose.

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

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Hi

To be frank, I don't think you have much of a case.

 

You cannot claim for the day you may have had to take off work

They gave you a refund

 

You are now back in the same position you were in before you called them so no loss whatsoever.

 

If you tried to take this to court, I fear you would lose.

 

Agree... Dont be unreasonable here. There only responsibility is to refund you should they be unable to complete their work...

 

We could do with some help from you.

 

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Receptaculum Ignis

 

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You cannot claim for the day you may have had to take off work

They gave you a refund

 

They did not, they did not charge

 

You are now back in the same position you were in before you called them so no loss whatsoever.

 

No I am not. I cancelled all appointments for that morning and it took me several hours on the internet to find a company willing to undertake the work. As a professional landlord, time is money.

 

Please do not reply to posts unless you have fully understood them.

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Agree... Dont be unreasonable here. There (sic) only responsibility is to refund you should they be unable to complete their work...

 

I am not sure that that is correct under contract law, a verbal contract was agreed, they breached it, causing me to find another company.

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You cannot claim for the day you may have had to take off work

They gave you a refund

 

They did not, they did not charge

 

You are now back in the same position you were in before you called them so no loss whatsoever.

 

No I am not. I cancelled all appointments for that morning and it took me several hours on the internet to find a company willing to undertake the work. As a professional landlord, time is money.

 

Please do not reply to posts unless you have fully understood them.

 

Please understand that I am only giving you the same information you would get elsewhere. If you doubt this, call Citizens advice.

You chose to spend that amount of time researching. Nobody forced you to.

 

Agree... Dont be unreasonable here. There (sic) only responsibility is to refund you should they be unable to complete their work...

 

I am not sure that that is correct under contract law, a verbal contract was agreed, they breached it, causing me to find another company.

 

Have you actually read the terms and conditions?

 

Please do not go on the attack if you don't want to hear the opinions of others.

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

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Please understand that I am only giving you the same information you would get elsewhere. If you doubt this, call Citizens advice.

You chose to spend that amount of time researching. Nobody forced you to.

 

 

 

Have you actually read the terms and conditions?

 

Please do not go on the attack if you don't want to hear the opinions of others.

 

Fully agree with SF here. While im an advocate for consumer rights, you also have to see it from the company side... They haven't actually done much wrong, aside from their engineer being allocated incorrectly. Their liability to you in this situation is non existent, and I guarantee you that the T&Cs they say they wont be held liable for LOE.

 

an insulting reply saying they are not charging me and offering 15% discount on future work (as if).

 

Well if they didnt charge you then... There is no issue...

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Please understand that I am only giving you the same information you would get elsewhere. If you doubt this, call Citizens advice.

 

The CAB is the last place anyone should go for advice. Some of the advice they have given to people ticketed by private parking companies is horrendous.

 

You chose to spend that amount of time researching. Nobody forced you to.

 

I did not choose to, it was forced on me by my legal obligation to my tenant under the AST to maintain the property in good order.

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Please understand that I am only giving you the same information you would get elsewhere. If you doubt this, call Citizens advice.

 

The CAB is the last place anyone should go for advice. Some of the advice they have given to people ticketed by private Parking companies is horrendous.

 

You chose to spend that amount of time researching. Nobody forced you to.

 

I did not choose to, it was forced on me by my legal obligation to my tenant under the AST to maintain the property in good order.

 

Fully agree that with an AST it needs to be maintained, and I can see the balance, but... Just rebook it...

Stop going off on one with this that and the other and itll be okay.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Please understand that I am only giving you the same information you would get elsewhere. If you doubt this, call Citizens advice.

 

The CAB is the last place anyone should go for advice. Some of the advice they have given to people ticketed by private parking companies is horrendous.

 

You chose to spend that amount of time researching. Nobody forced you to.

 

I did not choose to, it was forced on me by my legal obligation to my tenant under the AST to maintain the property in good order.

 

Which is not the fault or liability of the company.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Which is not the fault or liability of the company.

 

No-one is saying it is.

 

My thrust is that an agreement was made on a business to business basis and one side failed to perform. Whether a Judge will agree that there is a breach, I do not know, SCCs are always a lottery, but if he/she does then I shall claim liquidated damages for three hours at the court agreed rate of £18 an hour, my travel costs , and court fees.

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an agreement was made on a business to business basis ...

 

The regulation on B2B is very different to consumer law, you don't have the same protection. This is a consumer help site, if you want to claim damages then go ahead, I'm with the others though, there is no damages to be claimed.

Let us know how the court case goes.

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Which is not the fault or liability of the company.

 

No-one is saying it is.

 

My thrust is that an agreement was made on a business to business basis and one side failed to perform. Whether a Judge will agree that there is a breach, I do not know, SCCs are always a lottery, but if he/she does then I shall claim liquidated damages for three hours at the court agreed rate of £18 an hour, my travel costs , and court fees.

 

A liquidated damages claim must be supported by a negotiated liquidated damages clause

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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A liquidated damages claim must be supported by a negotiated liquidated damages clause

 

Are you sure about that? What about private parking invoices? Have you ever visited peppipoo?

 

1) They are invoices - they may well be "speculative invoices"

2) The PPC's will argue (if they are arguing a contract, not just a license) that it was negotiated : the terms will be displayed and the driver can choose to accept them or not.

The PPC's have failed in the past where the signs weren't clear, precisely because agreement to the term must be inferrable for the charge to stand.

 

How are you going to show the firm agreed those liquidated damages as a term of your contract?

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2) The PPC's will argue (if they are arguing a contract, not just a license) that it was negotiated

 

I am unaware of any case where that argument has been deployed. They are usually trounced By UTCCC Regs anyway.

 

This was, if it was a contract, a verbal contract, no T&C, no damages clauses, nothing. Are you saying that no such agreement has any validity? I was damaged by the incompetence of this company, are you saying that that is OK?

 

http://thelawdictionary.org/article/is-a-verbal-agreement-legally-binding/

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2) The PPC's will argue (if they are arguing a contract, not just a license) that it was negotiated

 

I am unaware of any case where that argument has been deployed. They are usually trounced By UTCCC Regs anyway.

 

This was, if it was a contract, a verbal contract, no T&C, no damages clauses, nothing. Are you saying that no such agreement has any validity? I was damaged by the incompetence of this company, are you saying that that is OK?

 

http://thelawdictionary.org/article/is-a-verbal-agreement-legally-binding/

 

The basic agreement is valid as the 4 components of a contract are present (offer, acceptance, consideration & intent to create contractual relations).

 

If no T's & C's were agreed, a court would infer what was intended, if there was a dispute.

 

The firm only has to say "no liquidated damages clause was agreed" - and because you yourself also state this, the court will conclude there was a contract but it was a contract without a liquidated damages clause. You can't unilaterally add one in afterwards.

 

Are you sure you are claiming "liquidated damages"? Where the sum is agreed in advance?

 

Or are you claiming non-liquidated ("general") damages for breach of contract, where you could claim for actual losses but the damages would need to be both "reasonably foreseeable", and "flow naturally from the breach".

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... are you claiming non-liquidated ("general") damages for breach of contract, where you could claim for actual losses but the damages would need to be both "reasonably foreseeable", and "flow naturally from the breach".

 

I am claiming general damages of £40, (but would settle for £20) It is not the money, it is the game.

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Lousy Service, possible Breach of Contract?

 

I phoned them and asked them if they could repair a tilt and turn window in a rental property They said that they could and quoted three prices (depending on what work needed to be done) which I agreed and furnished my credit card details.

 

An appointment was made for a few days later. On the morning of the appointment the engineer telephoned me and when leaning it is a tilt and turn, said he could not do it.

 

 

I complained to the company and Mr R**** sent me, (to the wrong address), an insulting reply saying they are not charging me and offering 15% discount on future work (as if).

 

I have asked for reasonable compensation and if I do not get it will take them to court. A complete bunch of cowboys.

 

I see that the company have complained to Trust Pilot about my naming one of their employee sin a scathing review. I have therefore removed his name. It is a pity that Able Group have not dealt with the problem rather than their petty attempts to have it removed.

 

 

You cannot claim for the day you may have had to take off work

They gave you a refund

 

They did not, they did not charge

 

You are now back in the same position you were in before you called them so no loss whatsoever.

 

No I am not. I cancelled all appointments for that morning and it took me several hours on the internet to find a company willing to undertake the work. As a professional landlord, time is money.

 

Please do not reply to posts unless you have fully understood them.

 

Agree... Dont be unreasonable here. There (sic) only responsibility is to refund you should they be unable to complete their work...

 

I am not sure that that is correct under contract law, a verbal contract was agreed, they breached it, causing me to find another company.

 

Please understand that I am only giving you the same information you would get elsewhere. If you doubt this, call Citizens advice.

 

The CAB is the last place anyone should go for advice. Some of the advice they have given to people ticketed by private parking companies is horrendous.

 

You chose to spend that amount of time researching. Nobody forced you to.

 

I did not choose to, it was forced on me by my legal obligation to my tenant under the AST to maintain the property in good order.

 

Which is not the fault or liability of the company.

 

No-one is saying it is.

 

My thrust is that an agreement was made on a business to business basis and one side failed to perform. Whether a Judge will agree that there is a breach, I do not know, SCCs are always a lottery, but if he/she does then I shall claim liquidated damages for three hours at the court agreed rate of £18 an hour, my travel costs , and court fees.

 

A liquidated damages claim must be supported by a negotiated liquidated damages clause

 

Are you sure about that? What about private parking invoices? Have you ever visited peppipoo?

 

2) The PPC's will argue (if they are arguing a contract, not just a license) that it was negotiated

 

I am unaware of any case where that argument has been deployed. They are usually trounced By UTCCC Regs anyway.

 

This was, if it was a contract, a verbal contract, no T&C, no damages clauses, nothing. Are you saying that no such agreement has any validity? I was damaged by the incompetence of this company, are you saying that that is OK?

 

http://thelawdictionary.org/article/is-a-verbal-agreement-legally-binding/

 

I am claiming general damages of £40, (but would settle for £20) It is not the money, it is the game.

 

 

For Reference

 

http://forums.moneysavingexpert.com/showthread.php?t=5295134

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Good heavens. Now we know where the 3 hours researching for another window fixer went. Posting the same thing all over the net.

 

I think you should put that link on MSE as well.

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Good heavens. Now we know where the 3 hours researching for another window fixer went. Posting the same thing all over the net.

 

I think you should put that link on MSE as well.

 

Already done :-)

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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For reference, Pepipoo has no relevance to your case. You have had two different threads running over two respected websites and both are saying the same thing.

You don't seem to get it so I will back off and unsubscribe to this thread as watching paint dry is far more entertaining.

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

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