Jump to content


  • Tweets

  • Posts

    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
  • Our picks

peach20

Retrospective charges for design and installation

Recommended Posts

This is in relation to another post regarding stair work caried out by a steel fabricator.

 

We have paid the fabricator in full for the entire staircase although the work is far from complete.  The fabricator is asking for additional money for work that has already been undertaken.  He is asking for an additional £1500 for design drawings and an additional £2500 for additional installation costs, plus other costs in relation to increases in material costs.  In no case have we made aware there would be any additional cost and we did not agree to any additional cost.  However, he is saying he will not progress with any work or documentation until the bill is settled.

 

My question is - is there anything in my consumer rights that says I must be made aware of costs and cannot be retrospectively charged?  I am aware of clauses regarding costs must be reasonable, or are these really one and the same?

Share this post


Link to post
Share on other sites

Hi.

 

Did you have an estimate for the staircase before you went ahead with the work?

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

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


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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

 

 

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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.


Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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.

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...