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kammx4

Direct tiles Warehouse - Faulty Tiles

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The essential part of the timeline are:

You had negotiations with the company

At some point you suggested that £2000 would settle the problem

After that they sent you there letter of December 2019 with their £1000 plus materials without prejudice offer.

Did it happen in this order? I'm afraid that sometimes it's a bit like pulling teeth here


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No after sending the picture of the close up tile with holes in they asked for three quotes to reinstate ALL defective tiles which are 15 in total. They then offered the £1000.

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Okay – so you supplied the quotes to reinstate the defective tiles.

You have now decided that you want the entire lot taken up and replaced.

I understand that this is because your original quotation was based on your sense of compromise in order to bring a speedy solution to the problem without any further dispute. However, when they then tried to knock you down from that position to £1000 your attitude has hardened and you now want the entire problem sorted out from zero. Additionally, you want to make sure that a proper job is done including no risk of any colour mismatch. Is this correct?

Where do they get the figure of £2000 from which they refer to in their letter?


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Exactly right we would of compromised on the colour thing just to end it but after the £1000 offer we changed our stance.

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Quote

Dear Mr X X X

 

I’ve received a letter from your solicitors and apart from anything else they are reminding me of my duty to mitigate my losses.

 

I’m very pleased that they have raised this issue because of course precisely the same principle applies to you.

 

When I first started trying to discuss the problem with you, I had been prepared compromise and to make things as convenient as possible for both of us by considering restricting the reinstallation to just the 16 defective tiles. I took this approach because I thought this would be the best outcome and avoid the disagreement between us becoming any worse and also to reduce the inconvenience to myself of having to replace the entire installation.
 

I supplied you with some quotes which would basically have achieved that compromise. I wouldn't have been happy but at least everybody could have moved on.
 

You countered my suggestion with an uncooperative attitude which has now led us to this point where I am about to bring legal proceedings against you. You also declined my proposal and countered with a without prejudice letter offering me a mere £1000 and some materials by way of full and final settlement.

Furthermore, it was in that letter that you explained to me that there may well be a colour match difference.

I think I can safely say that my original approach to you was a compromise which meant I accepted some disadvantage and gave you an opportunity to mitigate your losses but you declined to do so.

 

I’ve now decided to press forward for a complete solution to the problem and of course it is rather more expensive to you. However, I expect that the defective tiles were supplied to you by some other company and of course you can always seek redress against them. I saw your solicitor will advise you on this but it seems to me that in exactly the same way that when I begin my claim against you for judgement in my favourite is inevitable, if you begin a claim against your supplier – you will have a similar success and you will be able to recoup all of your losses. However it's up to you – your relationship with your suppliers is not my problem.

 

I’m very happy to discuss the issue of the mitigation of losses before the judge – but of course you are on notice that in that case either you will have to waive your without prejudice protection – or else I will have to ask the judge for permission. Of course I will get permission because it is you who has raised the issue.

 

You have had ample opportunity to mitigate your losses and if you push us into court you will incur additional losses because I will inevitably win and if you don’t realise this then I expect that your solicitor will probably explain it to you – for a fee.

 

This timescale set out in my letter of claim still applies. I have already opened the account on the County Court money claim website and I'm in the process of drafting my claim. On day 15 I shall issue. At that point you will not only be liable for the value of the claim but also for the court fee. At some point I shall receive the allocation questionnaire and I shall pay the hearing fee and you will then be liable for that as well.
This is all the price of looking a gift horse in the mouth.

This could be a good time for you to consider mitigating your losses.



Yours sincerely

 

 

 

 

 

 


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8 minutes ago, BankFodder said:

 

Shall i send this?.

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If you are happy with it and it's correct – and if this kind of approach is to your taste then of course send it.

If you rather that it was expressed in a different style then amend it but by and large you should keep all the points that have been made – especially the ones that refer to the timeline of events


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Printing it now.

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Well make sure that you've checked it and you agree with what you're writing. Don't just send it out without being absolutely familiar with what you've written – because it is you who is writing it and it is your signature at the bottom


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Hi Saturday is deadline day and i've not had anything through yet from DTW.

I'll send the money claim on Monday if nothing comes on Saturday post.

 

In the part labeled claim particulars what apart from the obvious should i claim for.

Is there a possibility for any hidden costs that if i don't put down that are unforeseen i won't receive.

 IE if they want one of the tilers to give evidence.

 

Also WHY do you think they want to go to court in your opinion?.

Thanks and hope your okay.

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Hi Tuesday was the final day for DTW to reply to my final letter of action. Should i still proceed with the claim through Money Claim Online or under the current climate of uncertanty hold of until we come out the other side. Thanks

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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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I think you may as well just go ahead and issue.

If you keep an eye on the return date, you might even get a default judgement and then go ahead to execute using High Court enforcement.

However, you probably should bear in mind that they might later on use the virus problem as a way of getting a set-aside – or they may even defend and then just hope that the virus problem will cause long delays.

It's a choice you're going to have to take – but it seems to me that you are going to have to issue proceedings sooner or later – so you might as well get underway now.


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Okay thanks.

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What's a default judgement please?.

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I think you can easily research the term "default judgement" on this forum or on Google


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On 19/03/2020 at 13:12, BankFodder said:

I think you can easily research the term "default judgement" on this forum or on Google

Okay i understand Please see below what i've put in on the MCOL website.

 

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Right – please will you download what you've just offered to us as a PDF and tell us if you can read it – and if you would like to receive that if you are helping somebody else


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9 minutes ago, BankFodder said:

Right – please will you download what you've just offered to us as a PDF and tell us if you can read it – and if you would like to receive that if you are helping somebody else

I thought it was?.

 

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I'm sorry but it's really not fair to us. The document is a mess – it's on its side and it's not possible to understand it's complete.

If you are seeing a solicitor and you were receiving the quality of advice that you are getting here but paying the going rate of between £300 and £400 an hour, I'll bet you you would get the document sorted out and beautiful so that the solicitor didn't have to do it himself.

We are working very hard for you – and were only asking that you put in a little bit of effort.

Please will you saw the document out so that it is obviously complete, the right way round – and once again the way that you would like it presented to you if you are investing your energy and helping somebody – or the way that you present it if you are paying loads of money to a solicitor.

I'm sorry to take this line but I think what I'm asking is completely reasonable


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hidden but we can see it.

 

are you not going to redact it?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I'm okay with it thanks.

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I'm afraid you will have to be more specific about the losses that you are claiming. You will be able to claim form "any contingency costs" or "any unforeseen costs".

When you make a claim for compensation/damages then you have to be pretty clear about the value of your claim.

Can you remind me – had I already proposed a draft particulars of claim somewhere in this thread. I'm afraid that I'm not able to keep in detailed contact with every thread that I'm helping.

 


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I'll look back through. Just wondering how i would put a figure on unforeseen circumstance or contingency. Thanks.

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Well then you would have to put a figure of – maximum of £X X X and of course in court you then have to prove that figure but also you would have to pay a court fee which reflected that maximum figure. Of course if it turned out that your losses were greater than that then you are probably limited by your maximum figure.


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