LORD ROOFING AND GROUNDS WORKS LTD Refusing to Repair Poorly Laid Driveway and Using Intimidation to Enforce Payment

[BankFodder]

Notwithstanding the need to prioritise the statutory demand, I think it will be worth making sure that you are fully prepared in terms of reports and quotations to launch your claim the moment that the statutory demand matter has been dealt with.

This might give you extra time to try and get further reports - mainly on the rear patio claim – but on the front one as well

[Chipsticks]

I've managed to get a much more professional and detailled quote yesterday which itemises the work required to both pieces of work (attached as GG Quote)

 

 I'm also in the process of having the previous quote amended and to obtain further ones.

 

I've reattached the engineer's report. All of the issues relating to the smaller claim (the rear patio) are from page 15 onwards. I've re attached the report here.

 

I'm in the process of sorting the statutory demand. As its the weekend I understand that as long as it is sent today then its still within time (as the final day fell on a weekend)

Lord Groundworks Report Redacted 28th July.pdf GG quote.pdf

[Chipsticks]

I wasn't too sure how much information to put into the court application. I've made it brief as I would expect this should be struck out.

 

I am also going to have the IAA form hand delivered to the court tomorrow. This is what I've written for the reasons:

 

The [matters on which the Applicant(s) relies (rely)] [OR grounds upon which the Applicant(s) claim(s) to be entitled to this relief] [are as follows:

(a)    Applicant was contracted to undertake building work as per a written contract. Applicant has not fulfilled terms of contract and is breach of Consumer Rights act 2015.

(b)   Contract states that mediation should be undertaken in the event of a dispute, which has been refused.

(c)    Debt is contested and therefore Statutory Demand is abuse of process. Debt should be pursued via the Small Claims Track. Applicant requests this demand be struck out.

 

Thank you for the help

Edited September 5, 2021 by Chipsticks

[Chipsticks]

I've just received an email back from the Court after I submitted the form I filled out

 

"Good morning

 

If this is an application to set aside a statutory order that has been served on you, please find the link which will give you all of the advice you need for your form.  Three copies of the application, statutory demand and witness statement need to be at the Court within 18 days of the statutory demand being served upon you.

 

It appears as though  you are the respondent and not the person who is applying for the statutory demand to be set aside.  If the Company is the applicant, they are unable to apply in this way but it does explain how the Company makes an application in the link below.  If it is the Company making the application, they will need to make this in their local County Court.

 

https://www.gov.uk/statutory-demands/challenge-a-statutory-demand

 

Regards"

 

Can @Andyorchor anyone help me with this? Am I correct in understanding that the company has served the notice incorrectly. I don't quite understand whats going on here

 

[unclebulgaria67]

Sounds like the IAA form was not completed correctly.

 

The guidance to completing these forms is not easy to follow.

 

Did you include a witness testimony stating that you are requesting for the statutory demand to be set aside and stating the reasons for this ?

 

Hopefully @Andyorch will be around later and will respond.

[FTMDave]

Perhaps this is the offending sentence?  Applicant requests this demand be struck out.

[Chipsticks]

I appear to have mixed up the applicant and respondent sections. I thought I was responding to the initial statutory demand. I've amended it. The whole process seems unecessarily complicated and drawn out.

 

The guidance documents state that I do not need to provide a witness statement if not required but the court has replied saying I do. I would have thought what I have written is sufficient?

 

The Applicant(s) seek(s) the following relief [OR order OR directions]: (a)    Debt is contested and therefore Statutory Demand is abuse of process. Debt should be pursued via the Small Claims Track (b)   Applicant requests this demand be struck out

The [matters on which the Applicant(s) relies (rely)] [OR grounds upon which the Applicant(s) claim(s) to be entitled to this relief] [are as follows: (a)    Applicant was contracted to undertake building work as per a written contract. Applicant has not fulfilled terms of contract and is breach of Consumer Rights act 2015. (b)   Contract states that mediation should be undertaken in the event of a dispute, which has been refused (c)    Debt is contested and therefore Statutory Demand is abuse of process. Debt should be pursued via the Small Claims Track

I'm going to re-submit back to the court. Any thoughts?

[BankFodder]

Please wait for a reply tomorrow.

 

However I think that you will need to issue a letter of claim for the patty of work which we have already discussed and this letter of claim should be referred to in your more request to set aside the statutory demand

 

 

[AndyOrch]

Yes its confusing I should of advised that you are the Respondent...they are the Applicant. 

 

I personally would not have put below ( marked red )

 

(c)    Debt is contested and disputed and therefore Statutory Demand is an abuse of process. Debt should be pursued via the Small Claims Track.

 

 

 

.

 

  

[BankFodder]

Yes, I think that looking at the wording of the notice you have received that @Andyorch has probably got it right.

I also agree that you probably shouldn't have said what they should do in terms of pursuing a debt. And if you did refer to a debt then you should have said "alleged" debt.

Obviously you are going to have to resubmit it and I suggest that you post up the draft of what you are going to present before you actually file it.

In the meantime, clearly you need to get moving on your own claim and although it was suggested earlier by my site team colleague that you should sort out the statutory demand first, I would suggest that you will look a lot better if you have a claim under way.
Although it won't be a claim for the full amount, at least you'll be able to say that the there is a dispute which is currently subject to litigation.

In the circumstances it might be better to deal with the larger debt first.

[Chipsticks]

Thank you for the reponses. I've received the following from the "collection" company

 

 

Dear xxxxx

 

Our agents have confirmed that a Statutory Demand was served upon you personally at your address of xx on Monday 23^rd August 2021 at 18.41 hours in respect of the outstanding balance owed to our above named client.

 

As you will note from the contents of the Statutory Demand, you have 21 days from the date of service upon you to “compound to the creditors satisfaction” and either pay this debt balance in full or make repayment proposals that are agreeable to our client and adhered to by yourself.

 

These 21 days will elapse on Monday 13^th September 2021 and at this point our client will be in a position to issue Bankruptcy proceedings against you for the recovery for the full outstanding balance if no response or offer of payment is forthcoming.

 

I will be taking instructions from my client next week in regards to this and to avoid this course of action you are required to contact me on my direct line telephone number without delay.  Please note that

 

Once proceedings have been issued the debt balance will increase significantly and it will be out of our hands to agree to any form of settlement as the full balance plus recoverable costs of the Petition will be required in full before the hearing to prevent a Bankruptcy Order being made against you.

 

I look forward to hearing from you as a matter of urgency and on or before the date stipulated above.

 

Kind regards,

 

xxxxx

Senior Account Manager | Westbury Collections Ltd

[Chipsticks]

The court has also responded to me with the following:

 

"We are unable to process your application without a witness statement in support and the statutory demand."

 

They're not being particularly helpful. What am I a "witness" to? Are the referring to a statement like the particulars of a claim? I'm going to aim to have this all sent off tomorrow and to start the claim against Lord tomorrow. Am I right to assume it puts me in a better position if I initiate the claim against them, as opposed to counterclaiming their claim?

 

All your help is much appreciated

Edited September 7, 2021 by Chipsticks

[AndyOrch]

You are a witness to the statutory demand......all legal applications normally require a statement to support an application...that's the process.

 

Simple to draft...plenty of examples here is you search witness statement in the search box above. It basically a header Applicant (name) v Respondent (name) the court address...the reference number on the SD.

 

Then what you have posted in post # 57

 

The Applicant(s) seek(s) the following relief that the statuary demand ref xxxxx dated be set a side.......

 

Etc etc. and concluded with a statement of truth.

 

 “I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

 

Date 

Signed.

 

 

.

[Chipsticks]

Thanks for the help @Andyorch @BankFodder and @unclebulgaria67

 

I've prepared my witness statement. Shall I post it here?

I'm also going to apply to the court for the rear patio. Shall I made the claim based on the last quote I made? Will I be able to amend it if the subsequent quotes are higher at court? How much detail will I need to supply in my initial particulars? Also, how much dept shall I go into?

 

Thank you

Edited September 8, 2021 by Chipsticks

[BankFodder]

Yes post your witness statement here and also post your draft letter of claim here so we can check it

[Chipsticks]

Here is the draft letter of claim. I wasn't sure to mention the engineer's report. I've left it out as I feel it maybe plays too many cards early.

 

Particulars of Claim

A signed written Contract was agreed and signed between The Claimant (xxxxx) and the Defendant (Lord Roofing and Groundworks LTD) to supply and install block paving.

The contract stated that work would be completed according to manufacturer guidelines and in a timely manner. After repeated delays to the work, an unacceptable standard of workmanship was carried out which is in breach of building control and manufacturer guidelines putting the Claimant’s property at risk

 

The Claimant repeatedly requested the work be rectified, and after some minor remedial work, the issues still remained. The Claimant and Defendant were unable to come to an agreement over the disputed work. The Claimant requested that mediation be entered, which was also a stipulation of the contract. The Defendant did not respond to the Claimant’s requests of mediation or for the defective issues to be rectified.

 

The Claimant instructed Westbury Collections LTD to begin proceedings against the Claimant for the recovery of the alleged debt. Westbury Collections LTD initiated a Statutory Demand against the Claimant despite the contested alleged debt. The Claimant feels this is an abuse of due process and an attempt at bypassing Small Claims Court.

 

The Claimant has initiated proceedings to allow remedial work to be carried out

Edited September 8, 2021 by Chipsticks

[Chipsticks]

xxxx (Applicant) v Respondent (Lord Roofing and Groundworks Ltd)

 

Newcastle Civil & Family Courts and Tribunals Centre, Newcastle upon Tyne NE1

 

 

 

In response to statutory demand served by: Westbury Collections Ltd, Global House, 1 Ashley Avenue, Epsom, Surrey KT18 5AD 

 

 

The Applicant xxx seeks the following relief that the statuary demand dated 17/8/21 be set aside. The reasons are for the following:

 

 

(a)   Applicant was contracted to undertake building work as per a written contract. Applicant has not fulfilled terms of contract and is breach of Consumer Rights act 2015.

(b)   Contract states that mediation should be undertaken in the event of a dispute, which has been refused by respondent.

(c)    Alleged debt is contested and disputed and therefore Statutory Demand is an abuse of process.

(d)   Applicant requests this demand be struck out.

 

 

 “I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

 

 

Date: 8^th September 2021

 

Signed:

Edited September 8, 2021 by Chipsticks

[AndyOrch]

xxxx (Applicant) v Respondent (Lord Roofing and Groundworks Ltd)

 

You are the Respondent.....Lord Roofing is the Applicant 

 

Re read post #56

 

The court will reject it and send it back again

 

 

 

 

 

 

.

[Chipsticks]

Thanks Andy, I've corrected it. Is the POC acceptable?

 

xxxx (Respondent) v Lord Roofing and Groundworks Ltd (Applicant)

 

Newcastle Civil & Family Courts and Tribunals Centre, Newcastle upon Tyne NE1

 

 

 

In response to statutory demand served by: Westbury Collections Ltd, Global House, 1 Ashley Avenue, Epsom, Surrey KT18 5AD 

 

 

The Respondent xxx seeks the following relief that the statuary demand dated 17/8/21 be set aside. The reasons are for the following:

 

 

(a)    Applicant was contracted to undertake building work as per a written contract. Applicant has not fulfilled terms of contract and is breach of Consumer Rights act 2015.

(b)   Contract states that mediation should be undertaken in the event of a dispute, which has been refused by Applicant.

(c)    Alleged debt is contested and disputed and therefore Statutory Demand is an abuse of process.

(d)   Respondent requests this demand be struck out.

 

 

 “I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

 

 

Date: 8^th September 2021

Signed:

Edited September 8, 2021 by Chipsticks

[AndyOrch]

Yes the debt is in dispute...not much more you can say.

 

d)  Respondent requests this demand be set a side

 

You cant strike out a stat demand.

 

 

.

 

 

[BankFodder]

I hope you won't mind me chipping in with a couple more suggestions

8 hours ago, Chipsticks said:

Thanks Andy, I've corrected it. Is the POC acceptable?

 

xxxx (Respondent) v Lord Roofing and Groundworks Ltd (Applicant)

 

Newcastle Civil & Family Courts and Tribunals Centre, Newcastle upon Tyne NE1

 

 

 

In response to statutory demand served by: Westbury Collections Ltd, Global House, 1 Ashley Avenue, Epsom, Surrey KT18 5AD 

 

 

The Respondent xxx seeks the following relief that the statuary demand dated 17/8/21 be set aside. The reasons are for the following:

 

 

(a)    The Applicant was contracted to undertake building work as per a written contract. Applicant has not fulfilled terms of contract and is breach of Consumer Rights act 2015.

(X) The Applicant is fully aware of the disputed works and professional reports have been obtained confirming the Applicant's breach of contract (appendix one)

(b)   The   contract states that mediation should be undertaken in the event of a dispute, which has been refused by Applicant. (Appendix two)

(X} The Applicant's refusal to submit to mediation as per the contract is itself a breach by them of their contractual obligations towards the Respondent

(X) The Respondent has entered into the pre-action protocol for bringing County Court proceedings against the Applicant and has sent the Applicant a letter of claim.

(c)    The alleged debt is contested and disputed and therefore Statutory Demand is an abuse of process.

(d)   The Respondent requests this demand be set aside.

 

 

 “I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

 

 

Date: 8^th September 2021

Signed:

 

I suggest that you defer to my site team colleague @Andyorch on the suggestions.. However I do think it's very important to show to the court that more conventional proceedings are underway and that the statutory demand is merely an attempt to sidestep proper transparent proceedings where the matter will be fairly scrutinised by an independent judge in County Court.

Whichever parts you decide to accept, you will have to renumber the paragraphs.

 

I'm also wondering whether it might not be useful to attach by way of appendices, a copy of their message to you refusing mediation (do you have this in writing?) And also a copy of the very damning inspection report which you have received?

If that seems like a good idea then those documents should be attached to this set-aside request and referred to by using the bits which I have included above in Violet.

Each document should be marked at the top by its appendix number – "appendix one", "appendix two".

[AndyOrch]

[BankFodder]

Okay, as it seems that we are agreed on this, I suggest that you post up the final version for us to see.

You have signed it is a statement of truth so it is important to make sure that by the time you file this set-aside demand, you have sent off the letter of claim and I suggest also that if you haven't done it already, you send them the inspection report that you have received.

It's important that you have done everything that you say that you have done in the set-aside application.

[Chipsticks]

Thanks @BankFodderyou're help has been invaluable.

 

Here is the latest draft. I've added in some extra things in Bold which I think help the statutory demand. Mainly, the addition of the signed contract.

 

 

Quote

 

xxx (Respondent) v Lord Roofing and Groundworks Ltd (Applicant)

 

Newcastle Civil & Family Courts and Tribunals Centre, Newcastle upon Tyne NE1

 

Application to setaside statutory demand

 

 

In response to statutory demand served by: Westbury Collections Ltd, Global House, 1 Ashley Avenue, Epsom, Surrey KT18 5AD

 

The Respondent xxxx seeks the following relief that the statuary demand dated 17/8/21 be set aside. The reasons are for the following:

 

(a)    The Applicant was contracted to undertake building work as per a written contract. (appendix one)

(X) Applicant has not fulfilled terms of contract and is breach of Consumer Rights act 2015.

(b) The Applicant is fully aware of the disputed works and professional reports have been obtained confirming the Applicant's breach of contract (appendix two)

(b)   The contract states that mediation should be undertaken in the event of a dispute, which has been refused by Applicant. (Appendix three)

(c} The Applicant's refusal to submit to mediation as per the contract is itself a breach by them of their contractual obligations towards the Respondent. Therefore they have no legal basis to pursue the alleged debt

(c) The Respondent has entered into the pre-action protocol for bringing County Court proceedings against the Applicant and has sent the Applicant a letter of claim.

(c)    The alleged debt is contested and disputed and therefore Statutory Demand is an abuse of process.

(d)   The Respondent requests this demand be set aside. 

 

 

“ believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

Date: 9^th September 2021

 

Signed:

 

 

 

Also, I forgot to ask. Is there any legal requirement to engage with or respond to Westbury Collections at any point? They did send an email wanting me to call them. I'm assuming they get a cut of whatever they can recover and therefore are trying everything to avoid court and get the money.

 

Was everything okay with my particulars of claim? @Andyorch

 

 

Thanks!

[Chipsticks]

To follow on from before.

 

Do I not have an obligation to serve a letter before action etc. before initiating my court claim. Surely it will look bad on me and I may be in breach of court regulations to just launch into a Small Claims proceedings today...