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    • Thank you for your very quick response.    I am asking for (almost) a full refund, in that I am asking for monies paid to him ( I paid over this due to directly paying for certain materials eg steel beams, planning applications, engineering calcs and drawings etc)  however, I anticipate that I won't get the full refund and am realistic about this.  I just did not want to ask for the amount to rectify and then him bring it down so that I am having to pay a lot of that too. Ideally he will cover the cost of rectification, plus consequential losses plus some to cover inconvenience.   I have had 3 independent quotes for the rectification of the works, coming in at £22-26, 000 including VAT.   The main issue is the roof in the loft, the windows and patio door replacement and the ensuite shower room needing taken out and replaced due to lack of water tight-ness and drainage issues.   I anticipate that the whole roof will need replacing and possibly some of the wooden structure of the dormer due to water ingress. all the decorating will need redoing which isn't included in the costs and I will also likely need temporary accommodation.      I have not got the kind of money to fix this, all the money I had was spent on this works. I am not covered by my insurance as they say this is a consumer issue, they also aren't permitting me to use my legal cover, which I am pursuing with the financial  Ombudsman service.     I don't believe a loan to be an option for me as I will be seeking one for IVF.   From speaking to him whilst he was doing the job, he does have money- kids in private school, nice house, flats they rent out, decent cars etc but whether the assets are in his name I do not know, how would I find this out?   Do you know what the type of inspection would be or who I would approach to do such an inspection?    
    • Hi DK, i put in my defence that I wish to show a video entering the car park and pictures to show the T & C.  They are there but it would be dangerous to stop the car and read these as they are at the entrance to the car park you cannot safely walk down to them to read    There are no signs where the driver parked. And no T & C at the pay stations.  I believe no contract can be enforced because you cant read the T & C .  
    • I have this morning received from the County Court Business Centre a Notice of Proposed Allocation to the Small Claims Track. Should I do anything other than fill it in requesting my nearest County Court? Clearly I won't be requesting the mediation service.
    • It would be helpful if you could simply produce a skeleton – bullet pointed – chronology of your letter because it's rather a lot to go through. I do understand that you are asking for a refund of the entire cost of the works. If this is correct then I think that this is unachievable. Presumably some of the materials which have been supplied and some of the installation is useful and at the very least you would have to pay for those. The starting point here would be to get an independent inspection – maybe two independent inspections – of the quality of the work and to make a report as to the problems. You would then need a couple of independent quotations for the costs of repairing the defects to the standard which was expected when you first commissioned the work. If you could get loans, then we can take it further. The fact that the builder is not limited liability company is important to the extent that they are not able to phoenix themselves – meaning that they not able simply to go into liquidation and then reappear under a similar name but escaping their legal liabilities. On the other hand, if you find that you're going to have to you bring the claim then you are going to have to identify the builder – and any assets – and preferably any property that they owned. Can you do this? Also, it will be in your interest to keep this issue to a figure less than £10,000 in order to keep you within the small claims limits for County Court claims – otherwise you risk a fair amount of costs if you happen to lose the case
    • Thanks for opening SO,  nothing since May as you saw before I received a debt collection letter from a 3rd party.   As they got no response ON CHRISTMAS EVE I received  a new 'CLAIM FOR DEBT' containing a handy 'previous case notes' from a court appeal that went wrong. They include an affordability schedule, they have upped it to £182   They are sending the letter in accordance with Pre-action Protocol for Debt Claims (PAP) contained in the Civili Procedure Rules (CPR) You have 30 days to complete the enclosed or possibly face court acton.   'If you ignore this letter and fail to respond proceedings will be issued against you and may increase you liability for costs"   I can then tick a box saying A,B,C,D  etc.  I owe the debt, I owe some of the debt, I dispute the debt, I dont know i owe the debt,, I will pay buy need time, Im getting debt advice, I h ave provided docs,  i need more docs or info, sign and send back.   Ignore or respond?   Cheers!    
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Southern Water/ Shulmans claimform - water and sewerage charges ...


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So by now then would we be expected to be in possession of all matters listed in the CPR31.14 request?

 

Gonna need some help with "skeleton argument".

What should we include?

How to craft it?

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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So do us a favour Stephen....no more phone calls to anyone......relax for the rest of the day.....and If I need you you will get an email conformation tomorrow.

Yes edit to suit...( adapt 2 & 5) and yes email will suffice for defendant 2.

they have 28 days to 'something' if they dont the case gets autostayed   the court should write and inform you about this and ack the defence has been received.   now time to

as said the CPR 31:14 is simply a request, they can ignore it.

however, they nor you have complied with the orders of the court on 13th june.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I hear what you say.

 

What does Theresa need to do, and pull together as a basis for the skeleton arguement?

Proof of mental health assessment from her GP?

Reference that part of the alleged debt is now statute barred?

Lack of requested information from SW&S?

 

scmreferrals@justice. sent her an email 11th March 2020 offering mediation "A telephone mediation session of up to one hour is available to you on 01/04/2020 between 11.45 and 17.30."

THEN:

Another email from scmferrals was then sent within 2minutes withdrawing this offer of mediation.

 

Aside from the above. Would an SAR be of any use?

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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Probably because the claimant refused mediation

Means nothing

 

An SA is a simple brief statement stating obvious facts of the case as the defendant now sees it taking into account their defence and if anything has actually moved forward since filing it.

 

As far i can see, the claimant has failed to serve any proof of debt, namely bills,etc etc

 

Pers health issues are not typically relevant.

But in this case its worth a mention??

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I will do my best to get something of an outline SA cobbled together (with Theresa's permission).

 

I'll post it on here as a PDF.

 

Perhaps have some feedback?

 

Thanks

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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Sure

Type in skeleton argument in our search

lots here for ideas

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 1 month later...

Quick question?

This is very late stage I'll agree. However, is there any way we can adjourn until a later date?

 

Telephone hearing scheduled for Wednesday 25th: 3.30pm (case reallocated to another court too)

 

Since last time, along with having had to isolate, illnesses, possibly covid linked. For both myself and ex.

Things are behind with skeleton arguments.

 

Nothing has been forthcoming either, from SWS.

 

Except: Two letters sent to both of us at the original claim address, from SWS Dated 4th November 2020, demanding payment of a sum which includes the years that are statute barred, along with the usual arm twisting. I shall upload a redacted copy of the letter sent to me.

( This is not acceptable to me, considering the consent order removing me from this case dated 14th August 2020) It  offers no re-assurance for me against getting a blot on my credit score.

 

This is very indicative of how this organisation works.

 

There have in the past been repayment plans discussed and agreed both in person and by phone, plans whereby agreed amounts paid would be matched by the Water Company too.

 

Paypoint payment cards agreed but never forthcoming.

Whenever an arrangement has been made, it is/has always been followed up with letters from SWS or their agents demanding full payment.

 

Several times my ex calls to ask when the Paypoint Card might arrive?

SWS response has been unhelpful excuse being they can't find anything on record to raise a Payment Card.

Like wise, when asking for confirmation of agreed repayment plans the same routine takes over, heavy handed demands.

 

One thing I think thats needed,  is to apply for SAR's from SWS, UK Search and any others that had a stake in this case.

 

Any help or advice would be greatly appreciated

 

Thanks

 

stephenXL

 

 

 

 

2020-11-04 S-water Note Before Default.pdf

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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if anyone picks this up.

The appointed Telephone called at 3.25pm on the due date. Connected  both parties together, then spent another hour trying to connect with the Court/Judge to no avail.

 

Waiting for another date to be set from the county court.

 

Thanks

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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