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    • Don't think you have to inform Universal Credit of the Small Business Grant Scheme.  Reason is that it is supporting the business via local authorities, which is why it has been paid into a Business account.  It is not the same as the sell employment grant being paid out from June 2020, which is going to be treated as earnings for Universal Credit purposes.   DWP are updating the following linked page with any Coronavirus information related to Universal Credit.   As you will see the Small Business Grant Scheme is not noted.   https://www.understandinguniversalcredit.gov.uk/coronavirus/   You mention the Business is hers and why should you be affected.  Under Universal Credit, as a couple living together, your claims have been linked together as a benefit unit ( you don't have any choice, couples who live together have to have linked couple claims).  When UC issues the statement, it will be both of you as a benefit unit.  Therefore all of your joint information will affect how much UC you receive.  For example your state pension will appear as another benefit deduction, so will affect how much you receive as couple claimants.   Have a read of the Understanding Universal Credit website if you need more information on the benefit.
    • Hi  I do apologise as I don't know where to put this question.   My wife is self employed and her business is closed to to Covid 19. She has lost all future bookings  and has no earnings. I am retired with a State Pension. We have applied for Universal Credits which has been granted - payment middle of April , so that's great. We applied for the Small Business Rates Grant - £10,000 to help with business expenses - she intends to open trading again  ASAP, and there are obviously supplier contracts and services that need to be paid for, plus we modernised premises this year ( as we had lots of bookings) and our personal Credit Card debt is approx £9500.   To my surprise they have granted this and are paying money into her business account.   I know we would have to notify Universal Credit about the Grant, but would she still be entitled to U.C payments? The business is hers , so I presume I am still eligible for U.C   Many Thanks thedrunkenmonkey
    • Neighbour who has garden at end of mine (fence to right as they look down their garden but crosses various gardens as I look down from my house) is requesting that I repair a damaged fence as her dog keeps coming into my garden.   Am I responsible to repair it (my part of fence)?    I have looked at various websites but not very clear.   Neighbour said they erected and put up a fence to their left as they look down their garden but stressed that I was accountable for part of fence to the right.   Thank-you for looking at would appreciate any guidance for confirmation.    
    • Are you or do you wish to use the vehicle until we succeed with arguing and you succeed in VT?
    • Hi I hope all are ok in these trying times. I assume most of us will be in the same situation with employment etc.   I am obviously still intending to follow through my complaint against MB. However I do have to make decisions as I have found myself as will most people at this time left with a reduced minimal income, with all I can forsee is an impending up hill struggle for the forceable future.   So not sure what, if any options I still have, I am presuming VT was only an option earlier on and a court CO excludes that option,    I cant continue to honour the finance payments and cant even begin to estimate any timescales I would be again financially stable.   im trapped but want, no I need to get rid of MB all together, they can have the car and I learned the expensive way!   MB recently emailed a letter (which is copied below) in it they refer to a recent termination, this is the part that is very confusing as its my understanding they terminated the agreement in March 17.   They also inform they have placed the collections on hold, but then heres the cheeky bit, they do however want me to store the vehicle, tax and insure it, as per the agreement (the agreement that they already state was terminated) until they continue with their collection process;   Due to the Coronavirus (COVID-19) pandemic currently affecting the UK and wider world, we’re emailing to update you on what will now happen regarding the collection of your vehicle, following the termination of your Moneybarn vehicle finance agreement.   We won’t be collecting the vehicle at this time Normally, following termination of your agreement, we would arrange for an inspection and collection of the vehicle. However because of the current Government imposed lockdown, we are not currently able to collect vehicles until further notice.   What will happen next? Nothing for the moment. We’ll contact you as soon as there are any developments in the Government’s stance and we know that we’re able to resume our normal vehicle collection activity.   What do you need to do? We would appreciate if you can please keep the vehicle taxed and insured for the time being, as per the terms and conditions of your finance agreement. We hope this information is helpful and clear. Please stay safe and well, and if you need to contact us with any questions, please check out the latest information on the best way to reach us at   So they state termination, then expect to lay down instructions for me to comply with as per my finance agreement T&Cs. To look after the vehicle that they do intend to continue collection of.   If everythings terminated and in other words I have no right to the vehicle, Im not prepared to comply with instructions in line with a non existent agreement (I dont have to) and have a good mind to charge them storage.   However l would much rather just leave the car, send off V5 to change ownership and be done with it and concentrate on getting justice for their mistreatment.   
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kammx4

Direct tiles Warehouse - Faulty Tiles

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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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In my job i have to stand up and brief people that are complete strangers and have to be cool with stupid questions.

 

If you think we have a good case and are protected someway by the consumer rights act then we're prepared to go all the way.

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Who is "we"?


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My wife and myself.

 

In the money claim website whats the part to check about claiming interest please?.

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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”.


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Okay i've just sent the letters recorded delivery and have registered with the claims court.

 

Just reading about PAP.

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Hi well the 7 days have been and passed with no reply. Whats my next plan of action regarding the letter of claim please?.

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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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750mm x 750mm. Very heavy.

Also there should be a CE data sheet with each batch of tiles that are made or imported from the EU.

Should i ask for that?>

 

Letter B4 Claim pdf.pdf

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The letter of claim is fine – so send it as long as you are prepared to send them the good news on day 15.

No you don't need to CE datasheets or anything


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Okay do i address it to their solicitor or DTW?.

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Send it directly to DTW.

You may well start getting messages from the solicitors saying that you are only to communicate with them. Ignore it. Send everything to DTW. Don't be intimidated by their solicitors.


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No problem. sending it today.

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Morning have received a letter from DTW solicitors saying "thanks for your letter which has been discussed with the managing director and it has been noted that the formal quotations originally submitted in the region of £2000 have almost trebled to £5399.

 

There is a further principal of law to be considered in that the claimant must mitigate his loss.

How do you explain the substantial increase in your claim".

 

Well i've already sent the Letter of claim and they know why.

They posted the reply on the day and received their letter friday morning.

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Okay. It's a fair question.

You may have already explained it elsewhere – but please could you explain it to me now why there is the difference in price. Then we can formulate a response


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The original quotes where for the reinstallation of just the 16 tiles that are defective, which to be honest isn't really the best outcome

 

we thought for the sake of all the upheaval we'd accept that but because of DTW'S attitude and the admission that the new tiles won't be the same colour as the ones still there

 

we should be within our rights to get all the tiles replaced to get an ascetic value thought.

Hence the new quotes.

through out

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Have you got anything in writing where they explained that the new tiles won't be the same colour? Could you post it here please


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Please find the letter sent to me.

offer..pdf

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Thanks for all of this – could you put up the formal quotations that you received saying that it was about £2000 please.


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Okay I've seen them thanks.

I'm just trying to get in mind the timeline.

So you made suggestions towards the end of 2019 that you would accept £2000 or so to deal with the matter. You've explained to us here that the reason for this is because you just wanted to bring an end to it.

Then after that on 2 December, they came back effectively rejecting your proposal and offering you £1000 plus various materials and in the same letter pointed out that there might be a colour mismatch.

Is that the timeline? It's very important to know if what I have just said is accurate


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Originally they only offered to replace the 6 tiles in the hallway as gesture of goodwill and the costs of installation to be met by myself.

 

I complained and when i sent the picture of the tile with all the holes in was asked to check on how many tiles are defective and get three quotes on how much to reinstall.

 

Then they came back with the offer of the £1000 plus new tiles etc etc. Doesn't cover the total reinstatement of the defective tiles. And here we are.

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Sorry, but you aren't addressing the question.

If the timeline accurate – yes or no?


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No i never suggested to DTW i would accept anything just that if the offer had been what the quotes where we would of maybe accepted to get ourselves back on track.

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