Jump to content


  • Tweets

  • Posts

    • Hi, this is my first time posting here, I hope Im posting at the right place. This is a long story... prepare for a long read! I hired a local painter & decorator (lets call him Painter R, R stands for rogue lol) back in late July to do the work in my house. The work includes painting of the ceiling and walls in the house, and also fixing a ceiling of the extension (where the old conservatory is, the previous owner made it into an extension. It was leaking at the extension, the ceiling was therefore taken down before for two months to let it dry up, and I needed someone to put it back). I asked "Painter R" what kind of paint is he going to use, he said he is using Crown paint. I asked him is it good paint, is it durable, resist to mold, resist to acid (I meant to say corrosive, but mind my English), and he said yes. My house is not a very small house, its a 4 bedroom house. The whole job was £4650, and I accepted the quote since I wasn't able to find anyone else at that time. The work began at early August, "Painter R" sent 2 boys to come and work on my house. The work was delayed for a bit, and eventually took two weeks, but everything "seemed" fine (since I am no expert, i didnt really know what to look at, as long as the painting seems ok, ceilings put back, I was "fine" with it. I did point out some small things out and they did fix them/they said they would but sometime they didnt and I had to tell them again), so I paid the full amount with direct debit when the job was almost all done (Painter R called me up to urge me to pay, stating that he will have to pay the guys "tomorrow", since he and his guys were pretty friendly so I did it, what a BIG MISTAKE I did).   There were issues with them, including I asked them to fit some of my blinds back, but they did not put any of them back, and also thrown away the brackets, at first he was trying to make me leave it, stating he doesnt remember me asking him to put any of them back. Luckily, I stated it in the text messages that I wanted some of them back, so he sent someone back to fit some of them. And made a deal with me that he is not charging me for an extra hole that needed to be filled, and a piece of wood that they put back (but was not very well done, another trader who, I found later on, agreed with me), so that they will not come back to fit one set of blinds back (which originally, fitting back all blinds is part of the job), however, I accepted it because the conversation was getting nowhere. Two weeks after the ceiling was put back, there were cracks and bulges appeared, I called them up, they came back to fix it, cracks still exist afterwards, so I called them up again, they came back to "fix" it again. This time, the guy used a lot of fillers, making the ceiling an uneven ceiling to try and cover up a crack, but still, the crack exists, even to this day. Worth mentioning is that, the paint that he mentioned they would use is Crown paint, but the paint that the guy left behind after fixing the ceiling, is just cheap paint that you can buy from B&Q. Now, here comes the real problem. Around 30th Sep I had cleaners to clean the house for me since my carpets are being fitting on 6th Oct, it was found that the paint can be washed off, just by gently rubbing it with water using fingers, and the paint could be seen dissolves on fingers! I called "Painter R" up, and was told that he was not in the country. "Painter R" finally called me back on 5th Oct, he said he never stated what kind of paint he would be using, and he said this is what he meant about wipe-able and non wipe-able paint, (in which I dont really remember he told me anything about it, but even if my memory is messing with me, that he really did talk to me about this and even, lets say, recorded it, since I am no expert/professionals at painting, I would think "wipe-able" meaning "the paint can be wiped with a damped cloth without any problem", and "non wipe-able" meaning  "the paint will not be wiped off by a damped cloth", who would expect the paint to be washed off just by water?!?!) He said things like, he has painted a hundred houses like that, its a standard paint to be used in all new builds in England, etc. He was very rude on the phone, stating he "even used a wipe-able paint for me in the kitchen and dining room and bathrooms already", but I found that the paint at the two small rooms (one bathroom, one toilet), can also be washed off easily. So he said he will send someone to paint those two rooms with the right paint that Saturday (9th Oct), nothing more. He said there is no way he is going to repaint the whole house for me. So I said to him "my carpet is being fitted on 6th, what if any paint dripped on them?". He said "Im not going to do anything after the carpet is fitted, or you will find the slightest thing on the carpet and charge me for it." The conversation went on, eventually he said, "Im not going to do anything after the carpet is fitted, you had your chance, good bye." and he hung me up! I called him back straightly, and he said, "So what do you want?" I stated I still needed those 2 rooms fixed, so he said he will send someone to paint those two rooms with the right paint that Saturday, and he wont guarantee anything about making my floor dirty. I accepted it. Then I called up citizensadvice, and asked them what to do, then followed some of their advice. I quickly found a trusted trader from a website recommended by citizensadvice, and talked to the trusted trader (Lets call him "Trusted trader A"). He was a kind gentleman who listened to my problem, and he quickly identified that the paint they used, was very likely cheap contract matt, which is not suitable for a redecoration job like in my house. He told me to use a silky, soft cloth damped with water, to wipe the walls left to right for around 10 times and see what happens, so I did, with a car washing cloth damped with just cold water, and the paint was being washed off everywhere (apart from Kitchen, Dining room, utility room and the main bathroom)! I told "Painter R", "I am already seeing the old blue paint on the bathroom wall just after 10 seconds of gently wiping with a damped cloth", he told me to "stop wiping the wall, now you are damaging it" I told "Painter R", "you did not apply primers before using that paint on top of it". He answered: "There's no such thing as primers for walls! You do not know what you are talking about I'm afraid"   On 6th Weds, "Painter R" said he has given the paint to his painter for Saturday morning (9th Oct) and the painter will be there at 9am. I asked "Painter R" what kind of paint he is using this time, he mentioned the name of a paint which "trusted trader A" said should erase the problem. I asked "Painter R" how many coats is he applying, he said only 1, I asked why not 2? (because 2 costs is always recommended) Guess how he answered me? He said "If I get anymore messages no one is coming on Saturday". So I stopped texting him as advised by "Trusted trader A". I also sent a formal complaint letter on 7th Oct to "Painter R" through email, stating Consumer Rights Act 2015 in the letter and mentioned that he can continue to perform the fixings that he is going to do that Saturday, also stated about what other things I wanted, asking him to reply me in 14 days. He never replied, and no one ever came on Saturday 9th Oct. I texted both "Painter R" and the worker who "Painter R" said would be coming, none of them ever replied. I havent been in touch with them since. I paid "Trusted trader A" to come and have a look at the house on the following Sunday morning 10th Oct, and he wrote me a report and gave me a quote (since I needed quote from at least 3 traders.) "Trusted trader A" pointed out 3 things in the report: 1: The walls prior to painting could have been a sheen finish and may have required a primer to stop the penetration occurring now, there are plenty of primers on the market  2: Preparation could be an issue, if the walls had been abraded off using grade 120 sandpaper to key the surface down prior to application of paints and a Vinyl or Durable Matt used  3: The product used looks and feels like a contract Matt product, which would normally be used on new plaster finish and would not be recommended for a redecoration product. Trusted trader A" Also stated that the quality of the work in some areas was not very good. I also found another trusted trader from another trusted website (Lets call him "Trusted trader B") "Trusted trader B" pointed out a lot of things that were not done right by "Painter R". He said similar things as "Trusted trader A", stating that the work was done poorly, preparation was not done properly. He stated that, some people would ask for contract matt to be used because its very cheap. However, for a 4650 job, it really shouldnt be contract matt unless you specified you wanted contract matt (which I obviously didnt). And the ceilings that was put back by "Painter R", was not done right, no metal corners were used, and hence why the corners dont look straight. I also found that all the ceilings in the house is painted with contract matt, and can be wiped off easily using a damped soft cloth. Im getting 2 quotes for the paintings of walls and ceilings from the two trusted trader. (as I was told to get quotes from 3 traders.) but for now, I am only able to get 1 quote for the fixing of the ceiling from "Trusted trader B". Following the advice from citizensadvice, I should be writing a letter with more serious manner 14 days after I sent the first. With the average of 3 quotes attached which I am still yet to be able to find. If the trader still do not reply me 10 days after that, Ill have to go for the small claim court.     After the long read... I would like to know, what else should I do next? Is it likely for me to win the small claim case? I really need some help and advises here.
    • Hi Guys, I have made the changes.  Thank you so much for your feedback so far it has really helped.    To whom it may concern.    Thank you for your letter of claim. I can now officially respond and highlight your clients very shady, immoral and borderline unlawful operations.    It has become very apparent that the whole process is set up to pressure me and other motorists into paying trumped-up “invoices” without a second thought. This is definitely not going to happen in this case!     If you had taken the time to do your due diligence, you would have realised that the whole case is fundamentally flawed and an absolute joke from beginning to end.     Your client’s shady operations have been widely publicised in the area and laid out in black and white in the Stoke Sental for all to see, plus a few pictures thrown in for good measure which are safely in my possession.  Does the name Nick Cartlidge ring a bell?   The local MP is now heavily involved, publishing an open letter and taking this matter to the highest level. The whole situation is just a big mess for G24 and continuing this way is just making it worse.    Your client can either drop this laughable case immediately, or I will use the mountain of evidence I have against you and proceed to take the matter further.     Yours sincerely
    • "DPDGroup UK Ltd" has finally replied and defended the case as expected.   I have till 21st November to reply.   The defence seems similar to others where they are claiming to have no liability as I have not contract with them directly but as I have learnt from the forums here that the Contracts (Rights of Third Parties) Act 1999 gives me the right to claim directly against a company because I enjoy all the benefits as a 3rd party as I'm the beneficiary from that contract.   Just looking at the next steps on gov website it's asking me to choose the closest court to me which is "Clerkenwell and Shoreditch County Court and Family Court" but having a look at reviews on Google dosent seem like a very good court with bad service etc I dont think that dosent really matters, but just trying to make sure everything's proper before proceeding      
    • post their up to one mass pdf pleASE   dx
  • Recommended Topics

  • Our picks

  • Recommended Topics

VCS/ELMS PCN PAPLOC now Claimform - residential - Headford Mews, Sheffield, S3 7XL


Recommended Posts

No, all ive done is acknowledge online and thought i had until 24th to submit a defence, which i was going to do today but i cant log in. Do i do it by hand and fill in paperwork and send ? Im confused, witness statement? 

Link to post
Share on other sites

Shall i send this? How do i send? 

 

1. The Defendant is the recorded keeper of [motor vehicle].

 

2.  It is denied that the Defendant entered into a contract with the Claimant. The original PCN came from EXCEL Parking Services and not VCS, therefore VCS has no right to bring this claim

 

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the management company and not the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner / freeholder.  Accordingly, it is denied that the Claimant has authority to bring this claim.

 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. The defendant was there under “supremacy of contract” to provide a service to the property in which the parking space is allocated to.

 

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.

 

6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

7. The original PCN came from EXCEL Parking Services and not VCS, therefore VCS has no right to bring this claim as there was no right to appeal.

Link to post
Share on other sites

not sure on 5.

doesnt apply to your case

 

your defence is not due till friday so no rush on filing nor getting it correct.

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

yes sorry it might be ok 

 

you will file it via MCOL say friday like everyone else has in those threads.

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Contrary to what I wrote in post 60, Simple Simon hasn't forged anything, but there is no original PCN from VCS because as we know it doesn't exist.

 

Your defence is superb in its legal arguments - but it gives Simon too much information about how you intend to fight back.  Keep him guessing.  The Excel business should be mentioned at the last minute in your Witness Statement when Simon will have no time left to make up his lies.  How about -

 

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. The Defendant is the recorded keeper of [motor vehicle].

 

2.  It is denied that the Defendant entered into a contract with the Claimant.

 

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the management company and not the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner / freeholder.  Accordingly, it is denied that the Claimant has authority to bring this claim.

 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

5. The Defendant was there under “supremacy of contract” to provide a service to the property to which the parking space is allocated.

 

6.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.

 

7.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

Don't worry about MCOL's usual weekend hissy fit, you have all of next week to file.

  • Like 1

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

 

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

Link to post
Share on other sites

MCOL typically always has issues over the w/end and isn't normally reset until the cleaner opens up monday morning.

 

don't worry about it, you have till friday.

  • Haha 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks.  Just wrote to them and reminded them that I contract for the freeholder. Apologised to me aswell!

What happens next after filling defence.  I will read tonight but i get confused

Link to post
Share on other sites

use our enhanced google search box

claimform PCN

 

read a few 100'...:lol:

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

On 20 May you wrote that you had sent the SARs. 

 

20 May + 30  days + 2 days postage out + 2 days postage back = 23 June.  Am I right?  You did get proof of posting with Certificates of Posting, right?  That means Simple Simon has refused to satisfy your SAR requests in the time required by law, and so you can sue him.  I suspect you have had no reply because Simon doesn't want to admit the Excel/VCS mix-up.  It could of course be incompetence/arrogance/laziness and I am coming up with 2+2=5, but I suspect not.

 

So have a little think about what you want to do about this and then get back to us.

 

IMO you should now send a Letter Before Claim to both VCS and Excel demanding they pay you £100 (?) for causing you distress by not replying to your SARs.

 

However, the worst of the worst things you can do in legal dispute is to show yourself as a paper tiger.  Threatening legal action then doing nothing is the worst own goal imaginable.  If you do send an LBA, and if Simon doesn't answer, you have to sue on the first day after the deadline.  Have a think about what you're prepared to do and let us know.

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

 

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

Link to post
Share on other sites

Thanks..received back from Vcs,  same stuff as elms legal but nothing from excel. 

Just a thought,  the signs at headwords mews are not written  clearly and are very hard to understand for a lay person, and to add to that it was dark! The photos they took of the sign show it was and hope ridiculously small the legal jargon is.  

Link to post
Share on other sites

If the signage is not easily readable, there are good grounds to challenge there, also.

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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Please redact & upload what VCS sent you, just to be on the safe side.  Their reply seems to be very good news, presumably the PCN is missing.

 

If there are photos of the carp signage, please upload them too.

 

This is not looking good for Simon 😃

 

Are you prepared to sue Excel for not replying to your SAR request?

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

 

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

Link to post
Share on other sites

The case will be transferred to your local court, don't worry.

 

No, don't go for mediation.

 

Give me a minute and I'll draft a Letter Before Claim to send to Excel.

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

 

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

Link to post
Share on other sites

Have a read of post 17 at  https://www.consumeractiongroup.co.uk/topic/428408-virgin-mystery-extra-line-2-judgments-for-data-protection-breaches-so-far/#comments  i.e. not just the letter but the extremely-important points BF makes.

 

Post up a draft of a Letter Before Claim for £200 to be sent to Excel.

 

BF has a lot of experience in suing for SAR non-compliance and I will ask him to come onto the thread.

 

If you play this right you'll make a few quid and completely humiliate Simon.

 

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

 

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

Link to post
Share on other sites

This is been flagged up to me in respect of the potential breach of the statutory duty to disclose personal data.

I'm just trying to get a quick summary and I don't intend to read through the whole thread.

I understand that a number of SARs have been sent out to various companies.

In particular one has been sent to VCS and one has been sent to Excel and the Excel have not responded – is this correct?

 

I understand also that possibly the VCS disclosure is incomplete. Is this correct?



 

Link to post
Share on other sites

Can I suggest that if there is any action to be taken in respect of an SAR breach by Excel, that rather than disrupt the discussion on this thread, maybe you could start a new thread and outlined very quickly in your first post what has happened, why you have sent an SAR to excel – timeline et cetera.

Link to post
Share on other sites

A few things.  Yes, please start a new thread if you wish to sue Excel.  My fault for muddying the waters with two different matters.

 

Bad stuff - your upload from VCS shows a PCN.  Presumably Simple Simon has realised his mistake and forged it.  Your decision to throw away the PCN issued by Excel has now come back to bite you.

 

Good stuff - Simon's photos show one pathetic unilluminated solitary sign.  So as well as Supremacy of Contract you can hit him with insufficient signage.

 

The quality of the close-up photo of the sign is so bad it's impossible to read it properly.  If this is Simon's doing we're stuck with it, but if you can post up a better legible version that would be great as Simon often messes up his signs.

 

If you haven't already done so, look up if VCS have obtained planning permission for their signs.

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

 

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

Link to post
Share on other sites

in most speculative invoice threads here already

 

usually the local council have a website... most within which there is a searchable planning permission section.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...