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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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building min contractor has locked us out of our home, and refuses to carry out the job


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Building control inspections are carried out to verify compliance with the building regulations. These can be carried out by a local authority building control inspector. The list for checks includes excavations before filling, foundations before covering up, damp proof course, new drains before covering up, ground beams and steelwork, insulation, roof construction.

 

I think another call to your

 

local council and ask for the building control inspectors office. Tell them you are worried about non compliance by your builders and you are being prevented from going on site by them and you request a visit asap. No need to explain the whole situation on the phone that can be done when you are with the inspector on site.

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Thanks for uploading the contract.

 

A few points I noted:

- Your contract incorporates the JCT terms on small works. The JCT terms would tell you what you need to do to terminate the contract. Unfortunately getting a copy of the JCT terms is not free (https://www.jctltd.co.uk/product/minor-works-building-contract-with-contractors-design). The JCT terms probably also cover the restrictions around appointment of sub-contractors.

 

- Sub-contractors are required to provide individual sub-contract programmes on page 15. If the proposed sub-contractor doesn't provide a proper work programme I'd think you could insist that they do. It isn't clear from the document you uploaded whether the builder needs your consent to appoint sub-contractors.

 

- Unsurprisingly, there is nothing in the contract which restricts you from accessing the property.

 

- On page 10, there is a reference to a liquidated damages rate of £1,000 per week. You'd need to check the JCT terms, but I guess this would be your compensation for delay in completing the project.

 

What outcome are you seeking here? Termination of the contract? It is probably worth checking the JCT before you do that.

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Thank you very much for your kind response. The outcome I am seeking is to terminate!!

 

It is to note that the last time they were at the site and we had a meeting was 15th March before they bolted up and disappeared.

 

I have just found the letter of Intent, drawn by QS which sets out some rules and JCT terms ie Clause 5.1, 5.2 etc that I am not sure I understand. And as you say not possible to get hold of anyway.

 

The contract was never signed.

 

The 2 page LOI dated 3/1/17, as far as I understand:

 

- "Authorised to spend upto £50k unless we authorise you for more (do not know if there have been further authorisation)

 

- LOI takes effect from 3/1/17 & shall remain in force until the earlier of:

 

(a) excecution of JCT contract,

 

(b): earlier termination letter by "us" ??(QS, architect or substitude body),

 

©: date falling 6 weeks after date of this letter". If letter is terminated without JCT contract in place, we will pay you only for the work carried out prior to termination".

 

 

HOWEVER:

After 2.5 weeks of ex-communications and baricades, refusal to provide attendent for short access, the builder has started new activities:

 

- Through QS, send me fabricated tables of inormation which incorrectly claims we did not provide him. Of course, through hundreds of papers/documents that I have, I can prove that they are lying and they had all info required or asked for.

 

- been moving material from the house into their marked van

 

- sent email of a 2 page with more fabrications and false allegations.

 

Clearly fabricated tables and lists are likely evidence of a kind of "team work" with the architect's substitude (supposedly the new controller) who remained employed for 4 weeks, and is now dismissed.

 

She was made confused and mis-led by contractors both technical and administration.

 

- I don't understand the contractor's letter as he seems well experienced in playing this sort of game.

 

- At some point he says that we did not have a contract.

 

- in other area he claims that he gave notice to the controller AND the QS of his intention to halt everything until 3/4/17.

 

Nobody, not even the QS, who still communicates with me, and is the person who forwarded contractors' first batch of fabricated claim, mentioned it to me - while I was screaming that place was bolted up they had disappeared!!

 

So it seems that he is fabricating a story which legally means something.

And meanwhile the site remains bolted and I can not even get access to my mailbox!

 

I temporarily appointed a new controller who will be in London on 11/4, and asked the contractors and QS to attend a meeting with him.

I suggested we amicably resolved the situation at the meeting on that day.

 

They are playing a game such as "yes we will come", "what is it for?" or today's letter of contractors.

 

I understand from the letter is that they are seeking money - in addition to above, "all work they have done and damages"! so I should be expecting that

 

Other point is that they want £25000.00 now and in advance before resuming work ( if they do so, they say)

 

Of course every sentence contradicts the other ie. They say "contract is terminated"!

 

 

Above obviously means making preparations for legal action of some sort.

And I wonder whilst I am most grateful for your time and trouble, could I upload the letter of intent and their emailed letter of today excluding lists and lists of fabricated items?

 

I am enormously grateful for your support and advice.

 

I really can not afford to go to court, as I have already lost a lot of money to architects and builders who have honestly just carried out most of demolition not all, and claim ! to have done some plumbing (even according to their lies = 10%, @cost of £30k).

 

And going to court means a lot of work on my part to provide info to lawyers which I am not able to do any more than I have done due to problem with my....

I look forward to receiving your thoughts.

she!

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are ther builders living on site?

If they are get the police to throw them out and if not you just enter the premises any way you feel fit.

 

 

It is your home so drill the locks, barricade the driveway by digging up the front garden and placing the spoil there if you want, it is your peoperty do do what you like with.

 

 

All of this nonsense about contracts and letters is a sideshow that you have allowed to become the main issue when it shoulf jus be a simpe "youre fired" to them.

 

 

They may well make noises about court but they wont want to be there.

The main point about that is it will be months and months away if they go down that path.

 

 

As already said, there are trade arbitration bodies and it wont go well for them if they refuse to agree to use them.

 

You cant get someone to assess thwe current state of the place once you are in, you dont have to go anywhere near any of the people already associated with the builders.

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The JCT terms form part of your contract, and that is where you will find the termination clause. If you want to terminate, I think you need to buy a copy of the JCT minor works contract and tell us what the termination clause says. Otherwise we are guessing.

 

Getting a copy of the JCT terms costs £50 or so, unless you can get a free copy somewhere else but I'm not sure where that would be available.

 

Given the amount of money involved, perhaps it is worth going to see a solicitor who works on construction disputes.

 

You could send the builder a list itemising their breaches of contract, and reserving the right to claim damages for those. Although that would escalate the situation rather than deescalate it.

 

I do wonder if you can just find someone to break the chain and get you back in the property, get back in there and deny them access - and call the police if they attempt to get in anyway.

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I have not!!!

 

I have been struggling first with architects who were 5 months behind, then with this slot.

 

Many emails, letters, searches on internet and attempts to find someone who could advise me have taken their toll.

 

I started badly with very serious problem with my eye site, have been suffering and postponing operation because I have needed my eyes to handle this. Now I am going blind (seriously!) with all that work on papers and on the computer.

 

I have had to plan, to update schedule of work for architects and QS who would'nt do it and were wasting time.

 

I have produced list of electrical 4 times for contractors, also produced list of P&M for them.

 

Points of contention were that each time I corrected the list and sent them, they came back with incorrect amendments, calling it "their confirmation" - which each time they had agreed to!. I have been through this since June!!

 

Now I am not physically capable of much physical work, and the deteriorated eye site does not help.

 

Yes, I do visit the house, swear for a while, and now arranged with my neighbors to collect our mail and take pictures, but that has been the most lately.

 

I didn't want to write these here, but you aksed me seriously.

 

It perhaps was possible at the beginning, but now it is very hard for me to physically get a move on with locksmith, joiner to remove nailed boardings everywhere and police and all that. There is a husband but he is not doing a lot better than I.

 

I know now that I should try harder and do it since it seems that whilst I have been waiting for meeting of 11/4, they have taken action by sending emails with dubious claims and fabricating lists.

 

I am struggling to end this so that I would not have to pay more than I have.

 

I know that I can not get the money lost back, just cut the loss and don't pay more whilst my home remains an empty shell after their demolition of wiring, heating, power, kitchen, bathroom, the whole lot, there are just walls left.

 

Having said these words, it would be very hard for me to come back here as I am not looking for sympathy, just advice.

 

Thank you very much for your advice.

 

I now have found a leter of Intent that my husband signed. In those 2 pages, a lot is stated but still hard for me to exactly know my position when I meet them on Tuesday.

 

I also have received an email from contractors allaging that I have not provided them info and as the result they left, and this and did which are untrue.

 

At some point they claim we do not have a contract which is true, it has remained unsigned.

Just recently a copy was sent to us by the QS to sign it. I guess the 6 weeks mentioned in letter of Intent was up!

 

This is because LOI indicates that there was a 6 weeks agreement.

 

The contractors contradict themselves in many ways in that email. Obviously they are experienced in these matters and know what they are doing, but I don't understand the LOI nor points of significance in that email.

 

The meeting of 11/4 is still on, perhaps I should prepare answers, as you suggest, to their allegations, yet it might make matters worse!

 

I certainly could do with just an hour of a lawyer's advice, but as you know it just doesn't work like that, they would ask for a few more £K to read papers, don't they?

she!

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Sorry to hear about the issues, and hope you can make some progress at the meeting on Tuesday.

 

If the contractor's position is that there is no contract because it was never signed, you could mention that means they have no contract on which to claim payment. You could however mention that a contract does not need to be signed to be legally binding, they can be accepted by conduct, and is likely to be held by a court to be the basis of your relationship given that work has begun.

 

I suppose your position should include making the point that the contractor is in breach of the contract. Perhaps prepare a clear list of the most important breaches of contract - and make the point that you will sue them for damages if a satisfactory arrangement cannot be reached.

 

Ultimately I suppose you have to think about what you actually want to achieve at the meeting. Which I suppose is a settlement to reach an agreed termination of the contract?

 

I certainly could do with just an hour of a lawyer's advice, but as you know it just doesn't work like that, they would ask for a few more £K to read papers, don't they?

If you have your papers in order and present them to the lawyer in a clear manner - I'd think the key things they need are the LOI and the contract - I'd think the initial advice could cost a few hundred rather than a few grand.

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I certainly could do with just an hour of a lawyer's advice, but as you know it just doesn't work like that, they would ask for a few more £K to read papers, don't they?

And what is this debacle costing you? You have no idea what's gone on inside that building and you don't seem too bothered about finding out. The internet isn't where you should be looking for help. If things are as you say, expert advice is your cheapest and most effective option.

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It is in your best interest all inspections by building control are carried out. You should be contacting building control regularly to ensure this is being done. It could well flag up issues which could help you challenge the builders and make it easier to argue your case.

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For crying out loud!

Please, do yourself a favour: Stop this nonsense about contracts and paperwork now.

Make one single telephone call to a local locksmith (no strain to your eyes) e arrange to get into your property and change the locks.

Total cost: £300 at most.

I would do it for £50 plus new locks.

Then send an email to builders with one line: YOU ARE SACKED!.

Total saving: £50K just for electric plus potentially tens of thousand more and a lot of worries and aggravations.

 

Once you have got rid of them, find a local building firm that deals with building work rather than super complicated legal contracts and let them do the work on a fixed price.

I have been in the building game all my life and this is how I have always dealt with customers:

Quote:

Listed all necessary work step by step up to final cleaning.

Listed all main and structural material to be used.

If detailed architect drawings and structural engineer report are present, refer to them.

Price subjected to change only if underground services and hidden damage is found.

 

Contract:

1. Refer to quote and attach it to describe work to be done

2. Price to be paid and at what stage

3. Estimated start and completion date.

4. All work to be checked by council building control and passed accordingly to their own schedule.

 

That's it.

No complications, no gibberish, no legal loopholes to overcharge the customer or even threaten them.

Never had a legal threat, my customers are always welcome in their own home (unless we are at an hazardous point of the construction) and very very rarely I had to charge extra for hidden damage.

The extra was never more than £1k.

 

Please, stop reading that toilet paper they call contract.

Put it to good use and wipe your behind with it.

These guys are very used to this game of charging megamoney and point at their contract.

Don't fall for it (you already have but you can recover).

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The point is construction has not begun!

 

Incomplete demolition has been carried out but according to their letter, they allege that they could not start wrok because we did not provide them with info they required. Of course allegations can be discredited through documents.

 

Present situation is, as I now have found out:

 

- there was a Letter of Intent to allow them work for 6 weeks, with starting day of 31/2.

 

- They had to hand over to us many documents TWO weeks prior to signing the actual contract. They did not.

 

_Had they done those, then if we approved and agreed, we would sign the contract.

 

 

At the moment: because of so called JCT 5.1 & JCT5.2 mentioned as terms applied in LOI, I am kept in the dark.

 

One advice is that because they claim they did some work other than demolition, terms of actual contract applies should we go to court.

 

In that scenario, we would have to give them notice of termination through a project controller/manager. We should give them 7 working days to move out and hand over any claims for damages they have. I did that last week!

 

The other advice is: There are no contracts in place. They should leave now.

 

The 6 weeks agreement came to end and because they did not hand over necessary items such as list and detailed list of their sub-contractors, schedule of project plan, critical path analysis and many more, therefore all were ended and they have no right to be there.

 

I do not which of the above is right.

 

I dont wish to go to court but because we followed the first advice, I suspect they might come back with a claim of money after moving out. Notice of termination gave both sides to hand in claims by 5th of May!

 

I may be digging myself in deeper as I follwoed first advice.

 

I am concerned that based on given date of their moving out, I am being advised as to just sit at home and don't show them any confrontations.

 

Let them move out without anyone being there on my behalf, no recording of what they move out or what state they leave the premises in.

 

With my choice, I may be driven into some long dispute anyway even without the court.

 

Should they claim more money by their collective fabrications (QS, project manager, contractors), then I should work as hard to prove them wrong as if we were at the court.

 

I am not sure if I have been mis-lead in being persuaded not to confront them at this point (not even attend the handover of keys!, and give in to their latest bullying into making me move my car 1 week before date of their moving out!!)

 

It is all based on my "TRUE" legal position here.

 

No sir, even mediators in London charge in £Ks/hour not hundreds - I have now tried it!

 

it is hard to distinguish between a valid formal advice and an invitation to drop in deeper into the mess for a very long time.

 

I must reply to those fellow kind caggers re. building controllers:

 

I have found emails which show that both in writing and verbally the contractors were to appoint a building controller from the outset of the work. They told me they had done so. Apparently you can appoint your own Controller these days.

 

I was told that he would be called in due time when we required! So that takes the option of council's building controllers out.

 

And because no details invoice based on sanctioned certificate (by QS and project manager) have been provided, I do not know if contrators have charged me for such instructions or any other details.

 

hi Steampowered

 

Sorry to trouble again

 

Based on your very informative reply and reading the contract, I wonder what would happen if the 6 weeks LOI ran out. I ask the question because I noted that it said "for duaration of 6 weeks unless it is teminated by us (Qs/controller) earlier or the actual execution of contract"

 

The question would remain as to "what if the normal of course of LOI 6 weeks ran out"? As in fact it did. Then would I still have to give notice via a project manager to ask them to leave?

 

I am afraid LOI does does not cralify that. Hence my getting someone as new project manager, just for the day, to hand in notice of termination. I wonder if that was the right move under circumstances.

 

Now I am worried that, by going down that path, I might have prolonged the case by inviting them in letter of termnation to put in their claims by 5th of May.

 

Have I gone the wrong way? oops???

 

i would be most grateful for your advice - the worry is just driving me carzy!!!, And I apologise for not being able to concentrate on your advice initially. It would help enormously if I knew whether I am being driven the wrong way or not, and to stop it before making more mess.

she!

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At the moment: because of so called JCT 5.1 & JCT5.2 mentioned as terms applied in LOI, I am kept in the dark.

You could just pay the 30 quid or so and buy a copy of the JCT terms, if you want it.

 

The question would remain as to "what if the normal of course of LOI 6 weeks ran out"? As in fact it did. Then would I still have to give notice via a project manager to ask them to leave?

I did not notice anything in your contract about having to go through a project manager.

 

Now I am worried that, by going down that path, I might have prolonged the case by inviting them in letter of termnation to put in their claims by 5th of May.

To be clear - you have served notice of termination of the contract now?

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Thank you ever so much for your prompt response, I am most grateful.

 

I will pay £30 for copy of JCT in the hope to understand those clauses. I seem to be a little naive!!

 

Regarding the Letter of Intent:

I don't think you asked to see a copy. You were kind enough to read the contract at the time I was under impression that there was a contract signed and sealed!

 

In LOI, it says "should the 6 weeks duration be terminated before the set date, or contract be signed, it would have to be via instructions "given to you by us".

 

I question the phrase here for follwoing reasons:

 

- throughout the duration, contractors, QS and project manager or architects have in no vague terms told me that "according to terms of contract, contractors should solely be communicated with via one of us (the above) .

 

-They collectively shut me up at meetings or told me off in emails when I tried to express an opinion or question an issue directly with contractors

 

- So I assume that "us" means one of them. Signature of letter of Intent belongs to my husband but "US"???

 

I strongly beleive that, from the outset, this group took advantage of my husband's mixed up state and my lack of knowledge, planed this scheme.

 

There were no contracts, yet they pressed on as if there were. And that is the reason I am still asking the question.

 

All along, we were told by the gang that, according to contract, we should have a contract manager with the project.

 

At the start, the architects appointed themselves as such.

 

However 4 weeks into work, I guess the rest of the gang developed some disaggreements with the architects.

 

Contractors subsequently produced pages and pages of complaints to us with allegations against the architects for not having provided all infos and specs they needed.

 

Architects were also behind schedule for 4 months and had reached a stage where all aspects of project were ready for construction, so at that stage we were in a position to formally terminate architect's services.

 

Once architects departed, we were immediately threatened by both QS and contractors that we either had to pay vast amounts in advance every 2 weeks to contractors or to employ a new project manager - all the time referring to terms of contract!!

 

As a matter of urgency and in panic, we accepted to employ a person recommended by the QS.

This person is the one I have been referring to as "collaborated with the gang" for about 4 weeks.

 

A few weeks into contractors' disappearance, we received a few unexpected emails from this person which showed the true picture to us. The gang claimed that, according to contract, she had the right and used it to sanction this and that which resulted in certificate for £14k..

 

From papers, I noted that she had been aware of their plan to abandon the site weeks before they did. It was at that point that I sacked this person.

 

However, under the pressure and receiving a number of contradictory advice, and still being under the impression that we had a contract, hence in need of a project manager only to kick the contractors out, I appointed a person to act as new project manager to just hand in the termination notices to QS and the contractors.

 

Now I am facing the question as "did I, or do I, really need such person when duartion of LOI expired weeks ago?

 

My additional worry is that within termination letter, we have now stated "put your grievances in by 5/5, and we will do the same"!!

 

I did that based on advice of this person who is not going to be in any position to further act for us unless the so called contractors' grievances become serious! We were told that it was highly unlikely that contractors would do that.

 

I am very concerned now. I wonder if I have made yet another mistake.

 

Hi Steampowered, thank you for your advice.

 

As you suggested, when I make a list re "breach of contract" by contractors, should I prepare it as attacker or defender.

 

As mentioned recently they sent a table of their allegations to me to justify their disappearnce (not barricades etc).

 

I can discredit them all through documents. I could also add many items of substantial damages they have inflicted - not on their list at the moment

 

On the other hand, I could prepare replies limited to their allegations, and withhold a number of damages and claims which "I" have against them - this could be beneficial should we end up in court.

 

Legally or logically I do not know which is to my benefit.

 

It has become more clear from papers, that this gang have had their plan form the start.

 

So I expect they would ask for substantial moneys at this point as blackmail. Or they may well be going through planned steps to take me to court in anycase.

 

Can you please advise me. I am most grateful.

she!

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As this is the 50th page now, I'm asking how much have you paid out on this project to date and have you received fair work done for it.

 

You refer to 'gang'. From what I read it's very possible you are being extorted. People involved in the project keep appearing then disappearing. Conveniently have their own building controller, personally better to have a council independent.

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Sorry I thought I had already answered those questions.

 

Just to contractors I have paid around £30k.

 

Two certificates and two invoices in a matter of 6 weeks. First certfificate (within 2 weeks) had accompaind builders' invoice of £12k for most of demolition. It showed percentages of work they had completed - of course inaccurately.

 

Second certiifcate was of around £14k. This one was not sent with similar documentation.

 

QS sent a general original valuations which did not show what was done. I made 5 attempts to get it but was confronted with bullying by QS.

 

I am sure, unless fabricated now, there were no such valid valuations. So to date I still do not know what they did as visibly only demolition is the apparent work.

 

However judging by the skip that remains within barricades, it is clear that despite my written instructions as to halt everything, they have visited the site hence some addition of pipies and things in skip.

 

They were also seen to be removing items from the site. I wrote them that they were not to remove material, to which they replied "some material belonged to other sites"!

 

Meanwhile, QS had charged twice around £3k so far, in addition to enormous amount of money I paid to architects which I am not concentrating on at the moment.

 

I do hope I have given you the answers. Thank you again, you are very kind to reply to me.

she!

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However, under the pressure and receiving a number of contradictory advice, and still being under the impression that we had a contract, hence in need of a project manager only to kick the contractors out, I appointed a person to act as new project manager to just hand in the termination notices to QS and the contractors.

 

Now I am facing the question as "did I, or do I, really need such person when duartion of LOI expired weeks ago?

 

My additional worry is that within termination letter, we have now stated "put your grievances in by 5/5, and we will do the same"!!

 

I did that based on advice of this person who is not going to be in any position to further act for us unless the so called contractors' grievances become serious! We were told that it was highly unlikely that contractors would do that.

 

I am very concerned now. I wonder if I have made yet another mistake

 

I have to say I do not clearly follow all the twists and turns in your story.

 

However, as to your specific question, I don't think it matters where a 'notice of termination' - or for that matter any other notice - comes from you, or comes from a project manager appointed to act on your behalf.

 

As you suggested, when I make a list re "breach of contract" by contractors, should I prepare it as attacker or defender.

 

Neither. "Attacker" and "Defender" are both emotionally charged words. You need to try - as hard as it may be - to keep emotions out of it.

 

In legal disputes, you need to keep things factual. Your list should simply state what the breaches of contract are.

 

As mentioned recently they sent a table of their allegations to me to justify their disappearnce (not barricades etc).

 

I can discredit them all through documents. I could also add many items of substantial damages they have inflicted - not on their list at the moment

 

On the other hand, I could prepare replies limited to their allegations, and withhold a number of damages and claims which "I" have against them - this could be beneficial should we end up in court.

 

Can you please advise me. I am most grateful.

What is the "end game" here? Being clear about the outcome you want will dictate the way you approach this.

 

You need to be clear in your mind as to what you want to happen. Is your goal simply to fire the builder? Or do you want the builder to pay compensation for breach of contract / refund some of your money?

 

It is probably a good idea to respond to their allegations, but do keep it concise and factual.

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To reply to your first comment, indeed it does make a difference as to whether effectively there is a contract in place.

 

That seems to have been overlooked. If legally there was, I would be forced to communicate with contractors only via a project manager.

 

ON the other hand, there may not be a contract in place - based on expiration of Letter of Intent. There is a difference.

 

The word "discredit" does have a significance despite having some embedded emotions as you put it.

 

Should there be a contract, I would refer to their allegations as "breach of contract", otherwise in the absence of contract, the word "discredit" would apply, and I would not need to complicate matters by referring to it.

 

Regardless of the above, I shall prepare my list; how I reference my list depends on becoming certain as to where I legally stand with regard to above question.

 

 

Buglers break into one's home, take one's valuable possessions and kick the person out of his/her home. Bolt and chain all access and even block access to one's mail for more than a month.

 

Perhaps one could see the similarities between this scanrio and situation I find myself in.

 

I have a torn and bruised hand as the result of trying to get to my mail from behind their barrier.

 

Indeed there would be many a panic, stress and emotions, and I do not agree that I am over reacting here.

 

There are currently 1800 people who are reading my thread. They probably sympethise with my situation or find themselves in similar predicaments.

 

Any technical or moral support is valuable to me; and I would reply to them even if they ask the same questions again and again. If they understood my sitaution, they would be in better position to advise.

 

I do not expect those who do not understand to carry on reading my lines.

 

I want my home back now

By making false allegations and fabricting list of short comings on my part, they are justifying their actions.

 

By referring to their disappearnce, bolts and chains as "immobelisation" and "re-mobelisation", they will be demanding further moneys off me.

 

For that, I am seeking advice from my fellow Caggers as to how they see the picture.

 

That would help me decide as to whether, at this point, I should give them an indication of my position and damages.

 

If I do not do that, I should expect to receive a longer fabricated list and a figure for their damages. Which way to go?

 

Within all lines I have written above, I have clearly said that I do not expect to get the moneys back.

 

Indeed they were unjust but to be realistic, it would involve further cost.

 

I have said I just wish to get my demolished house back in my possession without any strigs attached or expectation of them coming back for more money.

 

If that is not clear enough, or some find it confusing or too emotional, I suggest they do not look at my thread.

 

There are many other kind bodies here who have truly helped me in many aspects and I am grateful to them. Thank you all.

she!

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You've explained why (due to physical difficulties) you've not taken back control of the property yourself, on your own.

However, over 3 weeks in, you still haven't taken back control of your property, which you could do so with the assistance of people (with no disabilities) who could help you. You've certainly had enough time to arrange this.

 

You've been told what you can do, but you don't actually take advice, just talk about theories of intricate legal arguments, and add more questions time and again.

 

I have a torn and bruised hand as the result of trying to get to my mail from behind their barrier.

 

Indeed there would be many a panic, stress and emotions, and I do not agree that I am over reacting here.

 

There are currently 1800 people who are reading my thread. They probably sympethise with my situation or find themselves in similar predicaments.

 

Or they are gob-smacked that you haven't actually taken any action ....

 

Any technical or moral support is valuable to me; and I would reply to them even if they ask the same questions again and again. If they understood my sitaution, they would be in better position to advise.

 

I do not expect those who do not understand to carry on reading my lines.

 

I want my home back now

By making false allegations and fabricting list of short comings on my part, they are justifying their actions.

 

By referring to their disappearnce, bolts and chains as "immobelisation" and "re-mobelisation", they will be demanding further moneys off me.

 

For that, I am seeking advice from my fellow Caggers as to how they see the picture.

 

That would help me decide as to whether, at this point, I should give them an indication of my position and damages.

 

If I do not do that, I should expect to receive a longer fabricated list and a figure for their damages. Which way to go?

 

Within all lines I have written above, I have clearly said that I do not expect to get the moneys back.

 

Indeed they were unjust but to be realistic, it would involve further cost.

 

I have said I just wish to get my demolished house back in my possession without any strigs attached or expectation of them coming back for more money.

 

Then take it back, rather than just talking about taking it back.

How many times (on this thread) have you already been advised to do this?.

 

If that is not clear enough, or some find it confusing or too emotional, I suggest they do not look at my thread.

 

There are many other kind bodies here who have truly helped me in many aspects and I am grateful to them. Thank you all.

 

Only one person is over-complicating things, or finding things too confusing : you.

 

Then again, that seems to be a pattern:

 

www.consumeractiongroup.co.uk/forum/showthread.php?402991-NPOWER-gt-non-existant-warrant-to-force-entry&p=4057683#post4057683

You were advised to move from Npower, you were going to take legal action against them, thread last updated March 2016 (4 years on!) .... you were still with them and no update about legal action .... just talk, talk, talk (or, rather, post, post, post).

 

CAG is a self-help site. At some point you'll have to take action to help yourself.

 

That may be physical action (enlisting help if required as you have disabilities).

legal action on your own behalf (using the advice posted), or

legal action with support of a solicitor (using the advice posted to help refine the case so the solicitor has less to do) if your health means you don't feel you can act as a litigant in person.

 

Otherwise this will just become another thread where, 4 years on, you are still posting about what you 'might do' or 'intend to do' ........

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Npower got resolved with legal assistance. Because of that, as I last wrote, I was legally advised as not to write details of the case to jeopardise it. We were dealing with npower, a resourceful giant.

 

Did Cag expect me to write details of legal case? I wasn't aware of that!

 

Anybody else who would like to have a go at me?

 

I have received response by a number of people for whiich I am grateful, however to date I have not received response re. technical questions such as those I repeatedly asked.

 

Has anyone responded to question of whether the expired Letter of intent casts as a contract?? you may check the whole lot, thank you!

 

"Just get in"!!! has been the advice received. I did not want to be taken to court for breach of any contract if I "Just got in".

 

THANK YOU! FOR YOUR KIND RESPONSE.

she!

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REPLY:

 

Npower got resolved with legal assistance. Because of that, as I last wrote, I was legally advised as not to write details of the case to jeopardise it. We were dealing with npower, a resourceful giant.

 

Did Cag expect me to write details of legal case? I wasn't aware of that!

 

If there was no confidentiality agreement : you can write what you like (as long as it is true!)

If there was a confidentiality agreement, you can post "This is now resolved. I am not posting any further details of the resolution".

Firstly - it updates the thread with a conclusion. Secondly, people will reach their own conclusion on how it has been resolved (regarding any confidentiality clause ....... which you have neither confirmed nor denied).

 

 

Anybody else who would like to have a go at me?

 

I have received response by a number of people for whiich I am grateful, however to date I have not received response re. technical questions such as those I repeatedly asked.

 

Has anyone responded to question of whether the expired Letter of intent casts as a contract?? you may check the whole lot, thank you!

 

"Just get in"!!! has been the advice received. I did not want to be taken to court for breach of any contract if I "Just got in".

 

If the contractors aren't on site and aren't doing any further work : what makes you think the contract is still in place?.

 

How long are you planning on waiting before you actually do something? After all, its only been (at least!) 3 weeks so far ........ plenty of time for you to ask more questions, get them answered (or be advised how to get an answer!), and then convolute the questions some more.....

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It is the Second time you are having a go at me!

 

I came to you for advice and help. Now Gold Members are having a go at me.

 

I still have not received a response as to whether I have contract or, on expiration of `Letter of Intent, there would not be any. My aim was to esbalish as to whether by "just go in" I would be breaching a contract or not. Did I get an answer form you?

 

No dears, I would not go in unless I was sure that I would not be breaching a contract, physically able or otherwise.

 

Re. your comments re. my last issue with npower:

 

Perhaps you note that once a legal process commences, as I wrote to you then, it would be foolish to write down details about it - as I was advised legally!

I would have expected those members to be aware of that. Writing them here when dealing with giant and resourceful co.?

 

Under the circumstances, I do not wish to be at receiving end of such comments and attitude form those members.

 

I thank those kind and caring guys who gave me their valuable thoughts.

 

re. your comments re. npower:

 

Did any one of you directed me to do so? where is your advise? when did you ask me that?. Here is the first time you refer to it!

 

What is wrong with some people? It seems that I am not the one with a problem.

 

I have had enough of this attitude. Thank you very much.

she!

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re. your comments re. npower:

 

Did any one of you directed me to do so? where is your advise? when did you ask me that?. Here is the first time you refer to it!

 

Actually, I asked relevant questions on that thread, post #22, September 2013 ... (trying to gather information to be able to assist), before I saw that you weren't interested in helping yourself .....

 

Have they gained entry ?

Have they changed the meter to a pre-payment meter ?

 

What do they wish to gain by entering your home?

Fit a new meter?

Read the current meter?

 

..... but you never answered.

 

What is wrong with some people? It seems that I am not the one with a problem.

 

I have had enough of this attitude. Thank you very much.

 

You post asking for advice, you'll get advice.

If the advice isn't what you want to hear : tough, as long as it is valid advice.

 

Fact: you had a thread about nPower running for 4 years (from Nov 2011, in Nov & December 2012 being advised to change supplier ; March 2016 you were still with them).

 

Yet, when you ask the same questions again and again (then making them more complex when you do get an answer), ignore questions being asked of you (that might clarify the situation), and don't follow the simple, practical suggestions being made .... you can't accept that you aren't helping yourself.

 

You are doing the same on this thread, too.

 

But you seem to feel it is always the other people with the problem, never you....... which is why I feel you shouldn't be surprised people lose interest in answering.

 

You took the nPower issue to a solicitor after 4 years? and got a resolution?? Excellent.

If you aren't going to take action for this issue, and might end up spending years asking questions over and over (again!) : cut out the delay, go to a solicitor with the current issue.

Or starting acting on the advice you've had.

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To reply to your first comment, indeed it does make a difference as to whether effectively there is a contract in place.

 

That seems to have been overlooked. If legally there was, I would be forced to communicate with contractors only via a project manager.

 

ON the other hand, there may not be a contract in place - based on expiration of Letter of Intent. There is a difference.

Why does it matter? I cannot see anything in your contract which says you must only communicate through a project manager.

 

I suspect the builder refers you to a contract without knowing what it actually says. If the builder refers to the contract, the best response is to ask what clause - or better yet refer to the contract yourself!

 

Even if you were required to communicate through a project manager on day-to-day issues, that would not usually extend to matters such as termination. In construction contracts for larger works, the project manager typically has authority to deal with day-to-day things but not with something like termination. I doubt very much that serving a notice yourself rather than through a project manger would have any impact on the validity of the notice.

 

The word "discredit" does have a significance despite having some embedded emotions as you put it.

 

Should there be a contract, I would refer to their allegations as "breach of contract", otherwise in the absence of contract, the word "discredit" would apply, and I would not need to complicate matters by referring to it.

 

I think the key here is to be clear about the goal of your list. If this ended up in court, the judge would not decide on who has the better arguments or who is more credible. The judge would simply decide on whether there has been a breach of contract and, if so, what the damages payable should be - nothing more nothing less.

 

For that, I am seeking advice from my fellow Caggers as to how they see the picture.

Bolt cutters or locksmith? Get new builders in to sort it out perhaps?

 

If I do not do that, I should expect to receive a longer fabricated list and a figure for their damages. Which way to go?

 

Within all lines I have written above, I have clearly said that I do not expect to get the moneys back.

If they want to claim more money, the only way they can do that - unless you agree otherwise - is to raise a claim against you through the small claims system. If they ask for more money simply say no, tell them to put their claims in writing and tell them you won't be paying - they can take it to court if they think they have a claim.

 

If a claim is issued you can defend it and have the case go before an independent judge - this sounds like exactly what you want to happen, and what the builder would not want to happen.

 

Ultimately, I think in legal terms you have three options:

1) Pay the builder.

2) Do not pay the builder - and let them issue a court claim if they believe they are owed money. You can contest the claim and raise a counterclaim at that stage.

3) Sue the builder for breach of contract.

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you can determine ( end ) the contract at any time for any breach, just do it writing now!

 

You can sue the QS if he has signed of work that has not been done!

 

\its your property, so you can enter at any time, follow h and s rules if you want to. Contractor cannot bar you.

 

Has PC followed CDM regs and provided a Health and safety plan? breach on its own. ( see HSE CDM regs ).

 

You can make a claim under the housing grants construction and regeneration act 2011 and adjudication for the costs paid and work not done. the advantage is they have only 14 days to respond!

 

if you get your claim this will help in any court action you then undertake.

 

You may need some professional advice from a surveyor or legal eagle tho.

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