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    • They are very nonsensical aren’t they? As far as I can tell they have no proof of ownership of debt whatsoever - it feels like they’re just hoping I cave in 🙈   I’ll get onto the CRA’s now - thank you 😊 
    • Thanks ...okay well as you are already aware you will get more sense out of your bin than talking to Arrow...so I would now escalate it by informing the Credit Reference agencies and submit a Notice of Correction ( each CRA has its own instruction's on how  to submit) and they will contact Arrow asking for details of the debt....if that fails you can contact the ICO (information Commissioner's Office) and raise a complaint re false data reporting.     See how you get on.
    • I have a sense that you haven't been reading around because if you had been you would have seen lots of draft particulars particulars of claim and lots of explanation about what is necessary. Are you familiar with all the arguments? Are you familiar with all the steps needed to take a small claim in the County Court? Maybe you should hold back for a day or two while you do some serious reading on this forum. We've got all the information here. We got the benefit of the experience of lots of people doing exactly what you are trying to do. If you stop for a moment and do the reading around you will feel very confident and empowered   I'm afraid this also confirms my view that you simply haven't done any reading at all of the sub- forum. This point comes up again and again with Hermes and there is a very simple answer to it which I have repeated in other people's threads so often that I don't think I'm going to go into it again here. Please spend the next day reading and you will soon find the answers to your questions. Once again, it will make you more confident and more empowered
    • Just to clarify, am I on solid ground stating the defendant lost the parcel, when parcel2go are the broker for myhermes and it's parcel2go who I'm challenging?   Thanks. 
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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.
       
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      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.
       
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      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!
       
       
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Direct tiles Warehouse - Faulty Tiles - Claim Issued


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As I have said, we will work out the letter when you have all of the information that we need.

By and large it will give them an opportunity to comment on the reports and the quotes that you have obtained. It will invite them to carry out their own inspection. It will invite them to undertake to pay the money which has been quoted for the remedial work and it will tell them that you will be bringing a legal action if this doesn't happen.

Will sort out the details.

Of course we are heading towards legal action here. It's pretty simple – but you will have to do be prepared to go ahead with your threat. I'm not into this 18 month gameplaying that you seem to be into. Once we make the threat – then we move on it. In other words at some point we give them 14 days notice of legal proceedings and on day 15 you issue the papers. If you are prepared to do this then I'm not sure what we can do

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Topics merged.....please do not start new topics on the same matter.....how is anyone to know what  your last post is in connection to on its own ?   Andy

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Okay. Looks fine – although I should go over them carefully because there are similarities in use of words, phrases – and even misspellings that may raise eyebrows if somebody looks very carefully.

If you have to go to court then you will be required to produce these and to tell the court that they are honest and completely independent of each other. If the people who have made the quotes are required to going to court then they will also have to testify to them.

At the bottom of each report (not the quotes) you need to add the following paragraphs
 

Quote
  1. I am prepared to go to court and give evidence of necessary
  2. I believe that the statement which I have written above is true

obviously you will have to number these paragraphs so that they fit into their proper place at the bottom of each report.
 


Then signed and dated

 

Check the statement make that they are prepared to going to court. If they aren't then it will be unhelpful. They will be allowed to make a reasonable charge for their time which will be to recover from the other side in the event that you win.


Send copies of the reports and the quotes to DWT – by recorded delivery mail. Tell them that they have seven days to comment or to object – but if they object then they will have to carry out their own inspection by appointment with you. Tell them after that you will be putting the work in hand in respect of the lower of the two quotes.


Warn them that if you haven't heard from them satisfactorily at the end of the seven days then you will be sending them a letter of claim giving them 14 days and then you will start legal proceedings for the value of the lower of the two quotes plus any costs.

Once again, you are on the edge of bringing a legal action here – and you have to be satisfied that you are going to go ahead. If you aren't, then don't bother to send these letters – but then I don't know what you will do. Don't bluff. You will lose credibility.

The timeline is to send these off – seven days – then letter of claim giving 14 days and then on day 15 you issue the claim.

In the intervening period – from now start looking around this website as to how to bring a small claim in the County Court. It's very easy and straightforward for this kind of value but you should know the steps in advance.

Find the County Court website – money claim online – and register with them and start preparing your claim. You can save your work as you go. Ask us any questions. However, on day 15 you click the claim off.

If DWT come back to you with anything less then full cooperation – or settlement – then you continue on the timescale that you have set out. You are taking control now. Debbie diverted and don't get distracted into some protracted exchange of correspondence. You mucked around for 18 months. Now is the time to stop

 

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Your claim form will be roughly this:

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On XXX date the claimant bought tiles from the defendant company – invoice reference number XXX value of £XXX to be fitted into his kitchen. The tiles were faulty but this was only discoverable after the tiles had been laid. The claimant seeks the cost of removing the defective tiles, making good the area and repurchasing and refitting new tiles together with ancillary works. The defendant has been fully informed of the defects in the works which need doing and of the quotations for the work.
The claimant seeks damages of £XXX

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Thanks do you wonder why the supplier hasn't brought the tile manufacturer into this because thats where the fault is really.

 

Should i mention this to them.

 

Why would they make an offer that doesn't cover the amount to replace?.

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It's up to the supply whether he wants to bring the manufacturer in. Your contract is with DWT and I wouldn't start getting into anything more complicated. DWT have a responsibility to you under contract law and under consumer statutes and clearly they're not very interested in respecting your rights.

If they want to take it up with the manufacturer then they should. I suppose that they don't bother because so far there have been no customers who have put this kind of pressure on them. Once they find that they are obliged to fork out over £5000 to you, I'm sure they will waste no time in trying to deal with the manufacturer. It's this kind of pressure which forces resellers to start taking a more responsible attitude.

Just stick to what we are doing and don't start getting involved in anything else.

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Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts

 

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I've complied this draft letter.

What are your thoughts?.

 

Can they during this time put anything in place to get any court proceedings so i would have to travel to Wales?.

Check out the Compton Group LTD who are their litigation team.

 

Thanks and good morning.

 

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20/02/2020
Mr Martin xxxxxx


To Mr C Williams/ Direct Tile Warehouse/ Ceramics LTD.

 

As you know, on XXX date you supplied me with a consignment of tiles which have turned out to be defective.

I have refused the offers of settlement which you have made to me on the grounds that they would not compensate me for the cost of the tiles as well as the cost of removing the installation, making good and replacing tiles with ones which are not faulty.

I have now obtained two independent inspections, both of which confirm that the tiles are defective – probably in their manufacture.

I have also obtained two quotations to carry out all the necessary work for replacing the tiles.

I have enclosed copies of the inspection reports and also the quotes for your attention.  I am proposing to go with the lower quote and of course I shall account to you for all of the expenditure.

If you'd like to make any comment upon them then please do so within the next seven days. Furthermore, if you would like to arrange your own inspection then I'm happy to receive your own expert at my home by appointment – but you must let me know within the next seven days.


I should point out that this issue between us has been going on for about 18 months and you have been largely uncooperative. I'm now proposing to take my own action to bring a conclusion to this dispute.
I should point out that are not prepared to compromise in any way which puts me to any loss. I have already suffered 18 months of disruption and it has gone on long enough.

If you do not respond satisfactorily within seven days then I expect I shall be issuing a letter of claim in order to bring the matter before a judge in the County Court.

Yours sincerely
 

 

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No. All that stuff comes later.

Because you are a litigant in person – an individual and you are selling a business, then the case will be heard in your local court. They will have to travel to you. I think I've already pointed this out in an earlier post.

We will help you fill out the court papers when they eventually arrive that you will have to issue the claim first.

If you are asking these kinds of questions then you really haven't done anything about looking at the steps needed to bring a small claim in the County Court. I have already suggested that you should start doing this

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You will need to act on the assumption that they will go to court so that you are prepared for the worst. It's not a very difficult experience but you have to be confident that you are able to speak up for yourself. If it does go to court then it is highly unlikely that DWT will be there themselves. They will instruct local solicitors.

I have to caution you that if you do decide to bring the action, then it is your risk. If you win it is your victory. If you lose then it is your loss. I hope you won't mind me saying that from your letters and approach so far, I'm a little concerned at your level of confidence to deal with this. It's not hard – but you have to be prepared to explain things clearly and carefully and also to stand your ground – but not lose your cool

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Who is "we"?

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Interest


This screen will ask you if you want to reserve the right to claim interest. If you wish to claim interest under the County Court Act please select yes. Interest under the County Court Act is charged at 8% per annum. If you select this option please be aware that this will reduce the amount of space left in the main particulars box by six lines. This is because a statement is automatically added explaining you are claiming interest under the County Court Act.

 

You will be able to see the extra information added in the next screen “Summary”.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Well if you are sure that you want to bring the claim, and I hope I have outlined all your various risk factors here and the fact that it is your claim, your decision, your victory or your defeat – then you should send a letter of claim giving them 14 days or you will begin a claim in the County Court. This must not be a bluff. You should have it already and on day 15 you click the claim off.

During the 14 days you will have to do start drafting your claim on the money claim website – you can save your work as you go so it is already to issue on day 15.

I can't remember if I have already suggested the wording for  a draft claim. Maybe you can let me know.

I suggest your letter of claim should be:

 

Quote

Dear X X X

 


Order Number X X X – Intention to Commence Legal Proceedings

 

As you know on X X X date you supplied me with kitchen floor tiles which after installation turned out to be defective.

The nature of the defects have been fully discussed with you and you are fully aware.

Over the intervening 18 months there have been exchanges between us but you have proposed no solutions. Most recently I have obtained expert opinions which confirm that the tiles are faulty and that the false could only have become apparent once they were installed.

I have also supplied you with two quotations for the removal of the installed tiles and their replacement.

I have also invited you to carry out your own inspection of the tiles by your own appointed expert and you have declined to do so. I have also invited you to comment on the quotes for the work of removing the faulty tiles which you supplied and replacing them and you have failed to respond.

 

You are in possession of all of the relevant documentation.

I'm writing to let you know that if you do not let me have the full amount contained in the lower of the two quotes – that is £X X X – within 14 days that I shall issue proceedings in the County Court and without any further notice to you to recover this amount plus interest plus costs.

Yours sincerely

 

Put the corrected draft up here before you send it off.

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I've already started the draught on Money Claim.

 

Just a few points do i pay straight away on money claim and what happens to the money should we reach an agreement before court.

 

Also i've found tiles that haven't been laid with the defect on.

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Well make sure that you post the draft here before you send it off.

You pay the money just as you issue the claim – so day 15, pay the money send the claim.

Once claim is issued, you don't get the money back from the courts. Once the claim is issued then if you want to arrive at a settlement then you insist on the claim fee being paid as well in addition. Stand your ground on this. He may well try to negotiate something – if you find eventually that he is prepared to pay you a sum which you are prepared to accept – then I would not withdraw the claim until you have the money in the bank. Not a cheque. Not a credit card payment. A bank transfer into your account and also confirmation in writing that this is the settlement. Once you have agreed the sum – you tell him that you want your court costs in addition. You can telling that by agreeing the sum he will be saving interest and also a hearing fee as well as the hassle of having to attend your local court. If he doesn't like it then you simply continue with the claim. Frankly I don't see that he has much of a chance of success and it's really a question of how stubborn he wants to be about it.

Also in writing, you should ask him if he wants any of the tiles returned – and if he does, then he will have do pay for this in advance. You should certainly keep some examples of the defective tiles to show the court. If you can prise up one of the tiles with the grouting which is penetrated under the glaze then you should keep that and show it to the court as well – along with a defective tyre which hasn't been laid.

That will be the very best way to get the judge to understand exactly what the problem is. If the tiles are very large then it might be better to cut a piece off the laid tile and also an un-laid tile so that you can take them into a court hearing and they won't be too bulky. Take a picture of each entire tile before you cut a bit off so that the judge can see what it was like in its context. I'm assuming that these are bigger than simply 6 inch tiles. How big are they?

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  • Andyorch changed the title to Direct tiles Warehouse - Faulty Tiles - Claim Issued

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