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    • I will admit one thing but please please please, its not time to start blaming me, but it was covid peak I had my sister unwell, and initially did try mediation. That was part of it. the other reason was that the private parking appeals company who had written my defence and had a latter of authority just vanished and were uncontactable. so when I received the DQ, I was panicking and worried about covid and sister that I decided without admission of any guilt or that i owe them anything to go for mediation. However, that was unsuccessful.     Please Please its not time to start blaming me because I am a lay person and not familiar. However, I do ant to get this in time.   Finally, I will visit the site tomorrow and see if I can get any photographic evidence of the signages.   I have got a copy of the leasehold of the land from the registry.   I have also emailed Dudley council to see when the PPC applied for permission for  putting up the signs as well as permission for the ANRP. I sent it today so wont be ready for 18th January.    Not sure if we can get a bit extra time though because none of the two documents that I will be uploading  have reached me by post. they have been emailed to me by their legal team    Thankyou for all your comments.    
    • I will admit one thing but please please please, its not time to start blaming me, but it was covid peak I had my sister unwell, and initially did try mediation. That was part of it. the other reason was that the private parking appeals company who had written my defence and had a latter of authority just vanished and were uncontactable. so when I received the DQ, I was panicking and worried about covid and sister that I decided without admission of any guilt or that i owe them anything to go for mediation. However, that was unsuccesful.     Please Please its not time to start blaming me because I am a lay person and not familiar. However, I do ant to get this in time.   Finally, I will visit the site tomorrow and see if I can get any photographic evidence of the signages.   I have got a copy of the leasehold of the land from the registry.   I have also emailed Dudley council to see when the PPC applied for permission for  putting up the signs as well as permission for the ANRP. I sent it today so wont be ready for 18th January.    Not sure if we can get a bit extra time though because none of the two documents that I will be uploading  have reached me by post. they have been emailed to me by their legal team    Thankyou for all your comments.    
    • lastly did you send a CPR request?   Sorry I know CPR stand for civil procedure rules but the last thing i sent was the DQ to the court and the defence.
    • Thankyou dx   I have now redacted the claimants first WS   I have also redacted the bindle which contains the claim form and my defence   I will upload but just one last check please     The date of the alleged contravention and the times are all visible. Also, on the photographic ANPR the times are also visible.   The various hearing dates are also visible except the exact time of the day.   Is that OK or do i need to remove some of this info?    
    • bundle and WS are the same thing. all you need to do is do a witness statement  you have an advantage here don't lose it  you have their WS so can we can rip it apart.   do the link FTM says please get their WS up totally read our upload guide carefully inc use of PDF reducer /merge sites.   we dont need the cover sheet to each exhibit but everything else we need INC the name of the creator of their WS.   forget everything else you think you need to do or might have been wrong in process.   all you need to do is get a WS done and file it to the claimants sols and the court. pref by 18th.   lastly did you send a CPR request?      
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

New conservatory problem


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I'm very sorry. It must be very frightening.  phone 999 police immediately and tell them that you are an elderly widow with medical problems and that you have a builder banging on your door at this very moment.

What is the name of the firm please and what is his name

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I suggest that whatever you do, you do not open the door.  You should record everything that happened get your phone ready right now and start recording.

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What has happened please

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Sorry I came a bit late on this despite the invitation. Hopefully you're ok after the builder's visit.

First thing first:

 

Claiming of being fensa registered is very misleading, unfortunately fensa don't take rogue builders to court for using their name as far as i know.

In reality a fensa certificate is a useless piece of paper.

I always used fensa registered fitters, but never in my life i was asked to produce a certificate.

An ill fitted upvc window or door is easy to spot, that's why I suppose nobody cares about fensa but the homeowners to keep this piece of paper in their file.

Anyhow,  saying that they are registered when they're not is enough to terminate the contract without paying them

.

Point 2: water dropping on conservatory roof strictly speaking complies to the very loose regs, however,  it's very bad practice. 

I hate to see spouts onto roofs, they make a mess and create a moss area, just horrible.

All for the sake of some guttering and downpipe.

In your case I understand that it is now too late to fix this without dismantling the whole conservatory; amateurs error not to take proper measurements BEFORE start building. 

 

Point 3: covered air bricks. 

This is a potential disaster.

 

Point 4: dirty patio. Everything can be cleaned with the correct product and tool, most likely they're too lazy to do it and are rushing to the next "job"

 

At this point I would employ a surveyor/building control official/qualified builder to inspect the work.

For something like this I would charge around £200, but my prices have always been too reasonable,  so expect to pay up to £350/400.

The report should highlight all defects with pictures and remedial work suggestions.

Once you have this you can tell the builder to fix everything. 

In reality he's not capable, otherwise he would have done it right the first time.

So you'll probably end up employing someone else to fix the job

.

Unfortunately this will cost you more than anticipated. 

 

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Anyway well I have to say that a lot of effort has been put into helping @momma with this problem and some others became very worried last night when we were told that apparently a builder was knocking on the door at about 8 o'clock at night.

@momma has been back and visited this thread this morning and yet we have had no news and I'm afraid that I find it rather discourteous to people who became quite justifiably concerned about what was going on last night.

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I had been back, but unwell after last nights fiasco as I did not sleep and could not formulate what I needed to say to you. I am sorry that you think I was being discourteous. I certainly was not, and would have though that under the circumstances you would have been more understanding and given me some time to come back to you. I wholeheartedly appreciate your help so far.

 

 I had to email the builder to stop harassing me as phone calls went on during the night.

 

Speak to the police and get a crime number who are going to interview him and meanwhile gave the advice to write a polite email in the format of cease and desist, and speak to MyBuilder who took a full statement regarding this guys actions. They are also no going to interview him with regard to his aggressive and intimidating actions and also about his false claim to belong to FENSA.

 

They asked what I would like to happen to him, and I stated that I would like him removed from their website. They are considering this as it is possible they will take this action. 

 

I have also had to phone round to get someone to agree to come out and at least look at the guttering to see if they can do anything to improve it, or sort it meanwhile as he has also cut a hole in the external part of the soffit in which as well as the rain is pouring down the wall and conservatory side, is running internally in the soffits.

 

It is all a bit too much for me I am afraid at the moment. I am waiting for the gutter company to come out, and trying to get a conservatory company to come and give a report, both for myself and the builder but also MyBuilder who wants the reports as well as the crime reference number.

 

That is all I can tell you for now. 

 

I also came back as I needed to print of the advice so far.

Edited by momma
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Thank you for the update.

I understand that you have issues but frankly a quick post saying that you are now okay would have been appreciated by people who are taking an interest in you.

We don't ask for any money here – and we really get very little – but we become personally invested in the stories people tell us and very often in the people themselves.

That means that – we care.

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I know you care otherwise you would not interact with me, but to say by the end of it I was so traumatised I could not even call either of my children who only live 2 miles away.

 

They had unsealed my letterbox to put their hands through probably looking for a door key, and then went down the drive and were bashing or kicking a panel between the garage and conservatory to try to get into the back as he has keys to the conservatory still. He did not leave them when he left.

 

I have just finished a police report and they will, within the next 48 hours go and see him and his wife.

 

Sorry, but very tired and tearful. I need to go and rest for a while.

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Well I'm sorry to sound unsympathetic – but if you give us a fright like that again, then I think that we are owed at least a couple of words of reassurance. You did visit the forum last night after 10 o'clock and again twice this morning

Have you written the letter that we have suggested including the snagging list, the questions over their FENSA registration, insurance – et cetera?

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Also, I asked you yesterday for the name of the company and I think that you should now tell us. I have held back from asking you which is against my normal practice because it generally speaking helps a great deal to have people's names exposed on this forum.

However, I now think that it is in your interests that you tell us exactly the name of the company you are dealing with.

I would also suggest that you now call out a locksmith and have the lock of the conservatory changed. I would suggest that you do this immediately.

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Other than as I explained I visited this morning to print of the advice. Don't remember visiting it twice other than to do that. I also explained that I couldn't get a coherent report to post, and I was dealing with priorities that needed dealing with before I came back and explained what I could to you.

 

Last night? don't recall than to shut down computer and forum may have been refreshed during this time.

 

I have to say, that at this moment and last night if I accidentally visited the forum, my needs and feeling come well above your need to know what is happening. I hope you never find yourself, extremely unwell and subjected to that abuse and feel that your first priority is to contact a forum rather than think about contacting your family and taking care of yourself.

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Momma, seriously,  don't worry about us here.

BankFodder can be a bit harsh and rough around the edges sometimes, but he means well and always has best intentions. 

So forget about it and come back when you need help.

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You haven't addressed my question as to the identity of the company

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