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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
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Quotation by Agent less that contractor is charging, who should pay the extra?


Lady_K
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I had a quotation for a concrete garage from a local agent, part of the quote included the separate price for the base to be slightly extended and skimmed. This did not say estimate, it said quote.

The person that does the bases apparently does not work for agent but they provide him with work, I'm not sure if they get any commission from his work.

The agent quoted £800 for the base complete with prep to completion and said it would not change. The base builder came to view the job and said its £950 and that hes doing it cheaper as it should be £1100. When the base is done I have to pay him not the agent.

 

I called the agent to tell them as I agreed to have the garage from them based on the overall quote but the person that did the quote was not in that day and the lady said she would inform her when she was back in which was last Tuesday 18th and she has not called me to discuss this as yet, I have a feeling she isn't going to either.

 

How do I stand, should the agent compensate me for this extra £150 or do I have to just accept it and pay the extra? How should I go about handling this situation?

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Have you only had the one quote? 2-3 is the norm....to make a fair comparison.

 

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Yes just the one quote, I usually have several but with this I wanted a local company and I think the prices are similar all over, its a Hanson garage. I assumed that the local company were going to put it up but it became apparent that they just get the sales and then Hanson do the building after the base is prepared, I only found this out afterwards. I don't want to cancel it now as I would still have the same garage and the old was has been taken down now. I think the lady that quoted me is the manager of the local buisiness

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No the work has not been completed, the deposit was paid some time ago when I first got the quote and due to the agents messing up organising jobs and dates its been delayed by 1 month for the garage to be put up.

 

 

The base is due to be done now on 17th Sept, still no call back from the agents on their under quoting the base cost. Do I have any rights to expect them to pay the extra cost of it?

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How did you pay the deposit and was it substantial ?

 

 

You shouldn't talk to them on the phone any further but by letter and if it is an important letter it should be sent by recorded delivery.

 

 

If the company is this bad before starting work, can you trust they will be there for you should something go wrong down the line after completion! I don't think I would trust a company like this especially when there are so many companies that will treat you as a valued customer.

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Thanks for your reply

 

I paid the deposit by phone to the Agent with debit card, it was about £485.00 which went directly to Hansons as its showing as deposit on the order confirmation copy that Hansons posted to me.

 

The incompetence of the Agents who it states are a family owned and operated buisiness that sell sheds and garden buildings and have Hanson garages on show at their site didn't become obvious until after the deposit was paid when things started to wrong with dates, communication, organisation and planning.

 

On the quotation there is also separate quotes for the dismantling and removal of the asbestos garage and one for the fitting of the electrics afterwards, the electric job price is clearly stated as 'estimate' and the word estimate is definitely missing from the garage base skim price.

 

Should I inform Hansons of this problem with their Agents?

 

In the letter to the Agents should I directly ask them to pay the £150 they under quoted for the base to

the builder themselves?

 

I have now found out that the lady that did the quote is the managing director, don't know if that makes any difference or not.

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Thankyou,

 

Hansons garages are a reputable company that the garage is coming from and is being installed by, the deposit went to Hansons via the agents. I don't think cancelling will make a lot of difference apart from me having to go back to the beginning of the wait list and I would still want the same garage anyway so it would just mess things up more. Hansons will cover the guarantee not the agents.

 

Its the £150 under quote from the agent I need to find out about, whether the agents are liable to cover this extra cost as they obviously did not check with the builder first before quoting and now I'm left having to pay the extra which I hadn't expected from the quote

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As they wont want their reputation tarnished, ask them if they can recommend someone for you.

 

 

You should inform Hansons of the discrepancy, maybe this sub contractor is just seeing a way to make a few extra pounds.

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Who actually sent the sub contractor ?

 

 

If it was you found him, then get another quote from others. If it was Hansons, then they really need to know as they will have worked out a price to fit their garages.

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Thanks again

 

The agent sent the sub contractor, Hansons only provide the garage and put it up.

 

I did call Hansons and they told me to call the agent manager and see what she said even though she hadn't called me back in over a week.

 

When I called the agent back again and asked the secretary if she had passed on my enquiry to the manager she said yes and it was up to the contractor how much he charges and has nothing to do with them. I told her it was stated in the quote I received and agreed to so it should have been up to the manager to clear that with the contractor before giving me the quote in the first place then and to please ask her to call me back to discuss it.

 

The manager called back in about 10 mins saying she had just spoken to the contractor and told him that they were prepared to forgo their commission from his work if he would agree to charge me the £800 quoted but I don't believe they would have done this if I had just accepted it quietly and paid the contractor £950, they really should check with the contractor first before quoting or at least state estimate.

 

Thankyou for your help

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You have a legally binding contract that is extant with the agent as regards his quotation provided for the works to be done relating to your garage. The agent’s conscience is irrevocably bound to the same. (as is yours, however, you are not in breach of the same, the agent is)

 

 

Therefore, if the sub-contractor (the base layer) seeks a payment over and above the said quotation, he must look to the agent (main contractor) for any such extra payment, you are not legally responsible for the same, the agent is.

 

 

Send the agent an email and tell him it is his legal responsibility to perform his obligations under the contract with you and therefore he is responsible for the extra payment of £150.00 sought by the builder whom he sub-contracted the works out to lay the base of the garage and that unless and until the agent fulfils his contractual agreement with you he will remain in fundamental breach of the same and that you are considering taken legal action against him if the said breach continues and you will seek costs against him if such action should become necessary.

 

 

Give the agent 7 days to comply with his obligations under the contract.

 

 

Post back here any response you receive from the agent. Do not pay the sub-contractor any money he seeks that is over and above the said quotation.

 

 

ibberty bibberty

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Thankyou very much for your advice, I definitely wont be paying the base layer above the quoted price. I am sure there wont be any more issues with it as the agents have agreed to pay the extra and I only have to pay the base layer the quoted £800, they know they have no choice now.

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