Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi KL1 and welcome to CAG.   You say the buyer contacted you saying, "...... he had seen it cheaper somewhere else and wanted to cancel the sale."   Do you have this in writing and, if so, in what format ?   It would be useful if you could tell us more about the item you sold.    
    • I wanted to report a success against UKPS that started in Dec 2018 and was concluded today.  I did do a bit of reading through this site for guidance though so thanks for that!    in Dec 2018 a family member reversed onto a private road in Coventry and waited about 1 minute or so to collect their partner.  Meanwhile the owner was loitering and waiting to catch anyone on his land with photos.  2 photos were taken about 40 seconds apart.   With my help I disputed the charge stating that the driver had not "parked" but had only stopped momentarily to pick up a passenger.  I did not state at any point who the driver was.   UKPS from Leamington Spa were trying to enforce this and insisted on the charge of £60 + £100 being paid.  I sent a 2nd letter confirming the position of the 1st letter and that no further letters would be sent.   4 threatening letters were sent from Debt Recovery Plus and Zenith Collections and duly ignored.  The last kindly offered to settle for £136!    Then a letter from Gladstones Sols threatening the same was also sent, and mentioned Beavis vs Parking Eye.  This was also duly ignored.   Finally a Letter Before Action was sent by email.  Aha!  Game on.  They cited Vehicle Control Services Ltd v Nick Idle and Vehicle Control Services Limited v Damen Ward and that stopping for any time is a breach, and it was only the length of time stopped that may affect the value of the breach.   I said that signage said no PARKING, not no STOPPING and that appropriate case law was JOPSON v HOMEGUARD where the judge specifically said "Merely to stop a vehicle cannot be to park it"   They then came back at me with an evidence bundle they were allegedly going to use at court against me, stated the signage was clear,  a nd repeated their "no stopping" case   I came back at them with the same as before and added that, in their world, someone coming onto the land and wanting to read the signage would have precisely NO TIME AT ALL to so as, according to them, even stopping for mere seconds was a breach.  I also threatened that I would claim costs for my wasted time in dealing the case.   Today they emailed me as follows: ---------------------------------------------------------------------------------------------------- Good Morning,   Thank you for your correspondence. We apologise for the delay in our response, however as no further action has taken place we trust you agree no prejudice has been suffered.   Please note that our Client has cancelled our instruction on this matter and the matter is considered closed.   No further action is warranted. Kind Regards ----------------------------------------------------------------------------------------------------   16 months on and UKPS gave in  
    • Hi JGS,   Yes, as LED lights, they should last 10,000 hours or more normally, maybe up to 20,000+.   If you bought 2 lights one day and 2 more the next and one has failed, you have a good argument to have a replacement for the failed one (not available), or a new set of 4 similar lights
    • It would give her more seditious ideas.  The question is still, "Does Sainsbury’s offer those very nice “Two Indian curries in a box” meals on Home delivery.
    • Use of the word "initially"in what is simply ABTA guidelines ,not law ,makes me nervous that the initial period might be further reviewed and extended. I have also read that there are unconfirmed reports that  Govt will agree to changes to the Package travel regulations which will allow travel agents to issue credit notes allowing agents to use vouchers to use the vouchers to book new trips for up to two years and only then will the vouchers be capable of converting to a cash refund.If I could be certain I will get the cash refund by 31/7 but two years is a very long time to wait.Easy enough for ABTA can amend guidance? Hence I am wondering if I am within my rights to turn down the offer of vouchers?
  • Our picks

kammx4

Direct tiles Warehouse - Faulty Tiles

Recommended Posts

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


Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

Who is "we"?


Share this post


Link to post
Share on other sites

My wife and myself.

 

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

Share this post


Link to post
Share on other sites

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 thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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

 

Just reading about PAP.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.


Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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?


Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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


Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.


Share this post


Link to post
Share on other sites

No problem. sending it today.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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


Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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


Share this post


Link to post
Share on other sites

Please find the letter sent to me.

offer..pdf

Share this post


Link to post
Share on other sites

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


Share this post


Link to post
Share on other sites

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


Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

Sorry, but you aren't addressing the question.

If the timeline accurate – yes or no?


Share this post


Link to post
Share on other sites

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.

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...