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kammx4

Direct tiles Warehouse - Faulty Tiles

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Anything else you think he could put in. 

 

Ian pdf 3.pdf

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If you have given a brief description of the project as I have suggested above – in red, then I think that's all you need.

It should be presented in the form that I have posted for you above – clearly laid out in numbered paragraphs, one point per paragraph.

Of course it will be better if it is presented on headed notepaper.

It will be very helpful if you could get a similar report from somebody else – and I have to say that this is the first time since you initially posted your story, that I have eventually understood the problem.

As I have said, it would be helpful if you can get another report whose opinion coincides with the one you have obtained above. Also, you will need to retain at least a couple of the tiles to be able to show to a judge if it goes that far.

You will also need to get to independent quotations for the cost of the work which has been identified in the report.

The quotations do not need to be prepared in the formal way that the inspection has been prepared. They simply need to outline the work that is going to be carried out and then give a price for labour and materials – and make an allowance afterwards for any snagging or any additional complications. Probably an estimate which gives a price – and an allowance for unforeseen eventualities "not exceeding… £XXX".

Don't forget to include the costs of carting away the old tiles/debris et cetera.


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I have headed notepaper from his contractor.

Can i get the company in that has already done the first report to do a more detailed report.

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Good.

I think it's highly likely that you will win if you have to go to court – but I'm simply making it easier for you and even increase the possibility that they will put their hands up because they will be overwhelmed by the evidence.
This is why I'm so keen that you get at least a couple of independent reports.

Get the reports – then get the quotes – then come back here


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Thanks for your help.

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Finally, do you have the money to put the remedial work in hand straightaway?

If you do, then I would suggest that once you have the quotes and you have come back here to show us what you have, that you then write to DWT with all of the evidence, giving them seven days to comment or to carry out their own inspection – which they must do within seven days – failing which, you will put the work in hand and you will sue them.

Come back here when you have the information we need and then we will work out the details


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What do you mean by remedial work.

To start court proceedings?.

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What do you think I mean? I mean the work of taking up all the defective tiles, in other words undoing the installation. Preparing the surface once again to lay down the new tiles, procuring the new tiles, laying the new tiles, reinstalling the electrics and reinstalling the kitchen island. Can remedial possibly mean anything else?


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Don't really have that kind of money at this time as i'm changing jobs right now.

As Arnie says "i'll be back"

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Okay. That's fine – I'm just checking. It would have been helpful if you had started to spend the money already – but it's not too serious


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Just to double check with you what will i be looking for after sending the letters of to DTW.

Them to say we will settle the original quote of installation or the cost of replacing all the tiles which really we don't want to do because of the upheaval ?.

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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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Had these quotes and another report prepared today.

Thoughts please.

 

All can de on the companies letterheads and the other report is by one of the same companies that did the initial one.

 

cammack report pdf.pdf quote 1 pdf.pdf quote 2pdf.pdf

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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:

Quote

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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Thanks can i ask how your qualified or experienced to issue this advice to which i'm very grateful.

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Quote

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 understand.

 

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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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Quote

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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That looks a bit better.

 

What about them putting something in place to make the court appointment in Wales?.

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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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I'm on it and i'm sending the letters and reports and quotes recorded delivery signed for today.

 

Thanks.

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