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    • Hi.   Could you let us have the information requested in the forum sticky please? This will help us to advise you. In the meantime don't worry too much about this.     HB  
    • So last August my girlfriend went to Legoland with the kids (4 & 8) and her mum and then went to Pizza Express in Windsor. They parked at Castle Car Park.    They paid to park and went to eat. They were then a few minutes late back. There was already an attendant issuing a ticket. The attendant then waited until my girlfriend was over ten minutes late to issue the ticket despite her being there well within any grace period.   My girlfriend appealed to Ultimate Customer Solutions end of August but did not receive a response (they later said they emailed a rejection which my girlfriend never received until it was resent). Then in August she received the first debt collection letter. Then my girlfriend was advised to respond to UCS requesting an Subject Access Request (SAR) which they have not ever acknowledged or responded to.    So then we thought they had gone away until we received a letter from CSB solicitors (same address as UCS) advising they would be beginning court proceedings against my girlfriend. I told my girlfriend to complain that they haven't responded to any of our requests so she called the number of UCS and was basically accused of being rude to the t*** at the end of the phone. She wasn't but he wasn't very helpful and said they had responded to the appeal and sent it again. This was on the 16th January 2020.    On the 29th Jan this was sent after another chase to the solicitors:   I have reported UK Parkings ltd to the ICO as they are in beach of GDPR having ignored my SAR request. Further to this I was not notified that my initial appeal had been rejected and therefore cannot further appeal in a standard way and therefore I am awaiting further advice for ways to appeal against this unfair PCN.   As it stands should you decide to further contact me in regards to this matter without good cause I shall be seeking legal advice as per my statutory rights.   My girlfriend then received another letter from UCS threatening debt collectors (I told her not to worry about this) and so she wrote to the solicitors asking for an update:   Email dated 21/02/2020 I am writing to you regarding my email sent on 29th January, below. I still have not received a response from you and I left a voicemail for a solicitor to call me from CSB Solicitors, which I have also not received. I would like to speak to a solicitor regarding this PCN.   The solicitor responded via email the following: Dear Madam,   Thank you for your email.   Following your email below, we reverted this matter back to our Client for their instructions. We will only be able to respond more fully once these are received.   At this stage we have no further instructions other than to send out a letter to you dated 16 January 2020.   We hope to be able to respond more fully once these are received.   Yours faithfully,   Solicitor   So UCS are not actually doing anything they should do but nobody we have complained to has actually come back to us so not sure where to take this because I don't have time for court and I would rather just have someone take the (insert appropriate word here) to task on these unbelievably poor practices!   Any advice on next steps?   Thanks    
    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
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peach20

"Works carried out by XXX Ltd are carried out in strict agreement to our Terms & Conditions. (copy available on request)"

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1 minute ago, honeybee13 said:

What I suppose I'm asking is if you had a separate written estimate for the staircase or was it all lumped in with the builder's estimate please?

 

HB

We have a separate / specific specification and cost for the stairs from the stair fabricator.  It is not lumped in with broader works.

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Did anything change, design, significant delay on your part etc?

 

roughly as a percentage what do the extras come in at?

 

Was he always going to design and have them approved as part of the project?

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Nothing changed in the design.

 

In total, the extras are c.25% on top of the agreed cost.  About 5% of this is due to delays - increased labour and material prices.  This is tolerable as there was a delay of 12 months from paying to installing.

 

The other 20% is for additional costs due to:

  • his cost increasing because he moved premises
  • installation difficulties (although, nothing changed from spec or areas being installed in)
  • other random reasons that have no bearing on reality

 

 

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23 hours ago, honeybee13 said:

What I suppose I'm asking is if you had a separate written estimate for the staircase or was it all lumped in with the builder's estimate please?

 

HB

We have a separate / specific specification and cost for the stairs from the stair fabricator.  It is not lumped in with broader works.

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Does anybody know of there is a need or right to have been given a heads up of possible price increases before work is conducted?

 

We have paid the full agreed installation cost but have only received 70% of the agreed work to date. We are now being asked to pay an extra 25% on top of the agreed amount for the work that is complete (so, we will have paid 125% for 70% work).  This extra has never been requested or discussed.  But, they are saying they will not return or finish work until the new balance is settled (new balance being the requested extra to cover the work already completed).  Work has now stopped until the (unagreed, retrisoectuve) increases is paid.

 

Surely we should have been told that there would be an increase before work starts and before getting into what is basically now a hostage situation.

 

Is there any legislation we should refer to when discussing this with the installer?  Or does this fall under the legislation that says costs must be reasonable and it is unreasonable to request retrospective payments with no prior warning?

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Yes you are exactly in a hostage situation.

As all this exchange being carried out in writing or is it on the telephone?

It seems to me that you have only two options:
one is to get quotes from someone else to complete the work, have the work completed by them and then to sue your existing contractor for the money.
The other is to simply get the work underway and finished so pay the installer that make it clear that you are really happy about it because it is not what was agreed in the contract that you are going ahead simply because you feel that you have no other choice because clearly you can't have your premises with only half the job done.
Once the job is done then sue the installer. That seems to me that you will probably be suing for less than £10,000 which means it can stain the small claims court.

I'm not too sure why you're asking what your rights are. It seems to me that you are dealing with a man or a company that is not interested in your rights. He is set out his terms and he is going to object to any variation.


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so what work hwev they done so far?

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1 hour ago, ericsbrother said:

so what work hwev they done so far?

 

They have installed the main structure (steel) and roughly installed the balastrades.  They still need to clad the treads in timber, add hand rails and finish the glass.

 

Quote

As all this exchange being carried out in writing or is it on the telephone?

 

Mostly by email.

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Hi - just following up on my question. 

 

If one has a specification and agreed price for some work and at the end is told there is extra to pay for whatever reason, is there anything that says you need to be told in advance?  I assume there must be, otherwise people will just charge whatever they want.

 

Or, is this all covered in section 51?

Quote

51 Reasonable price to be paid for a service
1 This section applies to a contract to supply a service if—

(a) the consumer has not paid a price or other consideration for the service,
(b) the contract does not expressly fix a price or other consideration, and does not say how it is to be fixed, and as included in the contract does not fix a price or other consideration either.
2 In that case the contract is to be treated as including a term that the consumer must pay a reasonable price for the service, and no more.

 

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