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    • Hi all,   Lowell sols have responded to my cpr with exactly the same documentation as Lowells sent through. So still no valid agreement!   Defence due Friday by 4pm.   I have updated my defence below based on your points Dx. Many thanks.   Would you and Andy mind having a scan over before i send off on Friday please?   Cheers in advance as always     Particulars of Claim    1.The defendant entered in to a consumer credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxx ('the agreement')   2.The defendant failed to maintain the required payments and arrears began to accrue   3.The agreement was later assigned to the claimant on 27/09/19 and notice given to the defendant   4. Despite repeated requests for payment the sum of xxx remains due and outstanding.   And the claimant claims a. The said sum of xxxx b. Interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £0.610 but limited to one year being £222.65 c. Costs   Defence:   The Defendant contends that the  particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   1. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis. I do not recall the precise details of the agreement and have sought to seek clarity from the claimant.   2. Paragraph 3 is noted. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   3. On receipt of a notice of acting letter sent from Lowell Solicitors, the Defendant sent for on the 12/11/2020 via royal mail a section 78 request to Lowell Portfolio Ltd pursuant to the Consumer Credit Act 1974. This for a copy of the agreement. The claimant has partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.   5. The claimant disclosed various screenshots taken from  the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application.The screenshots  are devoid of any tick box or any authenticity of IP address conformation check.Therefore the claimant remains in default of my section 78 request and pursuant to section 78  6 a of the CCA1974  the claimant is not entitled, while the default continues, to enforce the agreement.   6. On receipt of this claim form I sent a CPR 31.14 request on the 11/2/21 via royal mail to Lowell Solicitors and again the claimant only disclosed exactly the same documentation. The claimant therefore after a second attempt by the defendant remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • the mortgage it protects is still active is it not?  
    • Ok thanks, i'll have a read and finger crossed.   I wonder if there is a possible angle with Aviva if not as it transferred to them in 2011 I think it was 😕 
    • you contact the operator of the actual ATM machine with the time and date go look at it and there will be a number on there to ring they will know the money was not dispensed the next time it is refilled it also keeps a log and the camera footage outside and inside the machine. though yes its not quick took me 3mts once to get £100 back out of Link.
    • me again!   Why do most companies insist   on you giving them a phone number!   I am asking on behalf a my  ex father -in-law, he applied for    insurance I believe but because he has no phone of any sort they told him they can not continue his application! Why? is it law to have a phone???? I myself only have a  bog standard mobile, has no camera, no internet etc, I  do not give my number out to anyone yet get SWAMPED with unwanted calls and texts even though I registered it with TPS!   I find it really unfair you are expected to have a phone, not everyone wants one or afford one   Sandy xx  
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Help with non satisfactory goods installation


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Hi everyone. I’m trying to get some information on behalf of my partner’s dad. He recently purchased some granite worktops  from a company and he is less than satisfied with them after installation. He is a (now retired) time served bricklayer and has years of experience using a spirit level. He took great care to ensure that his kitchen units were perfectly level as well as the extra timber supports he has added. The granite company in question came to his house and measured. They had laser equipment and formed a template. They told him that they would try to cut out the hole for the hob without a break, but that it might be necessary to have a single join at the front and rear of the hob. 

Later, they telephoned him to say that it had broken during cutting as discussed so they couldn’t avoid a join. He accepted this. 

However, upon arriving and installing the worktop, they had actually cut it in two places at each side of the hob  front and rear. They had also not cut it to the right size and in his words “they were just braying it to get it in. They then had to cut the bridging pieces (front & rear of hob) shorter to make it fit. 

In doing so they chipped the edge of the front piece. 

They then jacked up one of his cupboards by extending the adjustable feet, despite the fact that it was perfectly level before. 

He has since placed a spirit level across the front of the hob and it rocks across the joint. This is a direct result of them raising the cupboard!  

Also, upon further inspection, he found a chip (albeit tiny but you can see and feel it). 

He has sent the supplier an email, initially only complaining about the chips. 

They asked him to send a photo which he did but they have not responded further. 

I really feel for him, as he has tried to talk himself into making do with it. Don’t get me wrong they are nice worktops. But the fact there are 4 joins around the hob alone to me seems very odd. 

He has handed over around £1800 and this has really spoiled what should have been a top end quality product. 

Some years ago I was able to phone up trading standards about a faulty product and received help with an FOS claim to successfully obtain a refund. 

However, as far as I’m aware that service is no longer available. 

What can he do to get something done about this? Ideally he should get a replacement but having read some poor reviews online that looks highly unlikely as the company is renowned to ignore complaints. 

Any advice would be greatly appreciated. 

Thanks. 

Edited by Redletter
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Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Why has he gone ahead and paid the money when he believes that the quality of the work is not up to scratch?

Secondly, are the suppliers and installers the same people?

Thirdly, how long ago was the installation completed?

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1 hour ago, BankFodder said:

Why has he gone ahead and paid the money when he believes that the quality of the work is not up to scratch?

Secondly, are the suppliers and installers the same people?

Thirdly, how long ago was the installation completed?

 

Thanks for your reply BF. Apparently they insisted  that the money had to be paid after they had measured up but before the cutting of the granite. 

That would have been against my better judgement but they said this was normal practice. 

 

Yes supplier was also installer. 

 

Installed on 31st May (2019). 

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Hi

 

Goods need to be as Described: 

 

 

Goods need to be fit for a Particular Purpose: 

Goods need to be of Satisfactory Quality

Services to be performed with Reasonable  Care and Skill: 

Service to be Performed within a Reasonable Timescale: 

Consumers Rights to Enforce Terms about Services: 

 

You sent the supplier an email about the issue. Question: did they get a 'Read Receipt' once that email was opened and did they follow the email up in writing referring to the email dated XX/XX/XXXX?

 

I would advise corresponding in writing only (ensuring to get free proof of posting from post office as you need to keep a good paper trail)

 

What does the Suppliers Terms & Conditions/Contract state about Installation?

 

Who is the Supplier? 

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Which company are we dealing with?

 

I suggest that you get to independent quotes for carrying out repairs or redoing the work then come back here

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send them a letter stating that the installation isnt what was qioted and the workmanship is poor and that they have one chance of putting things right or you will get another company to replace the faulty worktop and bill them for the lot.

 

I had a stone worktop installed a few years back and the company managed to cut out the hole for the sink successfully and if they had damaged anything along the way it wouldnt have been accepted. By all menas pay a deposit but never pay upfront, that tells you a lot about the reputation of a company. If they cnat hold enough stock to make good a breakage and no stone supplier will give them credit to accout  for such a problem then why should you trust them?

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