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    • So I am now in receipt of a second Letter of Claim this time from DCBL although their letter head now says " DCBLegal"  😱 Now I'm guessing one response to a letter of claim is sufficient and I could ignore this but having been inspired by other snotty letters I wanted to have another bash at one. How does this sound? Dear Lackeys of Company with Unconscionable Morals, Thank you ever so much for gracing me with yet another Letter Before Claim on behalf of Excel Parking Services. How many of these delightful missives do you plan on sending before you muster the courage to follow through on your threats to take me to court? Just so we're clear, here is the response (in italics by that I mean the slanted text below) I previously sent to Excel’s Letter Before Claim, in case your attention to detail is as lacking as I suspect: I am currently 2-0 up in terms of Small Claims Court proceedings and I look forward to the opportunity to claim a hat trick, this case being more straightforward than my previous two. I will be asking the court for an unreasonable costs order under CPR 27.14(2)(g) due to your conduct over this absurd claim. Despite my best efforts, you continue to assert that I have breached your terms. However, I cannot breach terms that I was not present to accept. Have you even read my initial response? I suggest you review it thoroughly and save yourself some money. Additionally, please refer to section 13 of the IPC Code of Practice, 2023 edition. I eagerly await your deafening silence. Remarkably, I haven't heard a peep from Excel since my response; instead, they've passed the baton to you to perform this tiresome routine once more. Consider this my official notice that I am sending a cease and desist letter to Excel Parking Services. Their relentless hounding has crossed the line into clear harassment. Any further demands for payment from you, as Excel's lackeys, will be regarded as nothing more than shameless acts of intimidation and harassment. I now look forward to the deafening sound of your silence. Yours sincerely,
    • Personally I'd go to it and object for the sake of it. They have to attend anyway so I can't see you being liable for any costs or anything (if they try to ask for attendance costs, just say that firstly it is their application, secondly it is from their own making, thirdly that they would have to come anyway so you shouldn't need to bear their costs.   When you turn up you should object on the basis that the witness has been in office since the time of the order, and could have done their witnes statement in advance of their AL. Their poor planning is not your fault, 7 days is too rushed for you as a LIP and there is no good reason that a company can't organise itself to sort WX in time. Also they say finalise so they already have something, its not like thye have nothing. Their amendments cannot be so important if they are being added so late.   see what @AndyOrch says but that's my thoughts  
    • Yes, in the main your understanding of my case is right. Linked below to the post with the final WS sent to the court and to Evri.   
    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
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Not received an invoice for some building work.


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Hi,

I don't know how to start a new thread so I though I would join this one.

 

I have not been billed or received any invoice for some building work I have had done.

 

 

It's been several months and I have heard nothing.

 

 

What I want to know is.

 

 

Can I suddenly be invoiced from the days the work was done but with interest added?

 

 

I have no contract and had no invoice.

 

 

Thanks for any help.

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Hello and Welcome,

 

I have started a new thread for you.

 

Regards,

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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More info required please Albert.

 

Scope of work done

Value of work

Builders name

Is work completed

 

Please give as much info as you can

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Hi Martin, The answers are as follows:

Scope of work done: Brick wall built

Value of work: £2000

Builders name: Sorry I don't want to disclose this, just a local builder though.

Is work completed: Work is completed but has some poor brickwork in it that I'm not happy with. I told him about it when he finished the work.

 

Thanks Martin.

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Ok so the builder hasnt been paid but there is an issue with the brickwork which you have logged with the builder.

 

Was a plan made for the builder to return and rectify the faulty brickwork?

 

Was anything paid during the works?

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Ok well in answer to your initial questions:

 

Yes he can invoice you out of the blue even a good few months or even years later although the latter is less likely.

What he cant do is add any interest until his invoice goes unpaid.

 

As you havent had an invoice he cant suddenly back date one and charge interest on it.

 

Have you tried to contact the builder to pay for the works or request an invoice?

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Hi Martin, No I have not tried to contact him but I have set the funding for it aside if it gets demanded. I forgot to add that I have a pub biseness so it would be biseness to biseness. I'm not sure if that makes a difference.

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I dont think it makes a difference to be honest if he hasnt invoiced you yet.

Wise to keep the funds aside, an invoice may still arrive.

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I dont think it makes a difference to be honest if he hasnt invoiced you yet.

Wise to keep the funds aside, an invoice may still arrive.

Hello Martin,

Just one last thing. I wondered what would be the case if the builder later claims to have sent an invoice. I can guarantee I have not recieved one. Would he need to prove he has sent an invoice if he later tries to claim it plus interest.

BTW The thread has been moved again but I don't know how to find it. Hopefuly you will still see this Martin. Sorry, I' a newbe!

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Looks like you managed to find it Albert.

 

If you prefer you could contact the builder and ask for the invoice along with a request for any remedial work you need completing. This would remove any concerns about the builder making future claims, although there is some pre action protocol he must follow before issuing a claim.

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Thanks Martin, It does not seem fair whilst the interset rates are alomst at zero that a builder could potentially do a poor job that the customer does nothing about because he recieved no invoice for it, then months or even years later could potentially claim the bad work was not is but still demand full payment for it and an interest rate of at least 5%.

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Hi AS,

 

Don't worry about what might happen.

 

Instead, I'd contact the builder and ask when he's going to fix the problem so you can pay what you owe.

 

It would be sensible to put this in writing if he fails to agree to remedy the job in the way you want.

 

If the job is not completed to your satisfaction within a couple of weeks, let us know and we'll discuss your options to get the job sorted by someone else.

 

:-)

We could do with some help from you

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Hi Slick, What is the best way to deliver the letter if I put it in writing or if he continues to ignore me? Mind you I suppose it's best to get some written dialog going and see what happens. What about if I just ask hom in writing if all my bills are settled or could he still send an invoice for work done before the letter was sent even if I do that. Yes, you right. The honest and correct thing to do is as you say is ask what he is going to do about fixing the problem and then pay him what I owe when it's finished. Is it best to get a solicitor to send the letter or just ask him to verify reciept of the letter in writing? Many thanks Slick.

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I see no need for a solicitor to be involved. Probably an unnecessary expense.

 

I would firstly call the builder and ask if he's going to remedy the problem so you can pay what you owe. If that fails to get him back to sort the issue within 2 weeks, let us know so we can suggest an appropriate letter to send by RM Signed For delivery.

 

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It will also help if we know :-

 

1. The nature of the problem with the work carried out.

 

2. Is it really so bad that it needs to be fixed.

 

3. The solution you think may resolve the problem.

 

4. The likely cost of remedy if you paid someone else to sort it.

 

:-)

We could do with some help from you

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Ok Slick, I'll have a think about that. To be honest my other school of thought is to just accept the problem as it is not a major fault and just wait and see if I ever get an invoice. I read on another thread that they would have 6 years to send me an invoice and it would be too late for them after that. Many thanks.

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Hi AS,

 

If it's not a major fault and you can live with it, call the builder to discuss the matter.

 

Tell him he's already aware you're not entirely happy about the job but you want to pay him for it, taking into account your misgivings. Accordingly you suggest he accepts a reduction of £xx as the job is not done to the standard you'd expect.

 

The job's been done so it's not entirely fair to "wait and see if I ever get an invoice", even though it's the builders responsibility to send you an invoice.

 

Try to sort the matter so it doesn't drag on.

 

:-)

We could do with some help from you

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I agree with Slick, you dont want it dragging on and in indefinately.

 

1. Obtain a quote or two to remedy the issue with the brickwork

2. Write to original builder requesting invoice and either a schedule for remedy prior to settling invoice or reduction in invoiced amount to reflect remedial work required.

3. If there is no response from the builder within a given 14 day timeframe, advise builder in writing, remedy will be sought by a n other builder and paid for from full amount owing.

 

You want to create a paper trail to cover yourself. In the event that the builder tries it in at a later date, you need to be able to show you have attempted to resolve the situation without success and sought an alternate resolution.

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