Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

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


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 763 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I think it may be reasonable to allow them to have a go and you certainly don't want to be in a position where you could be criticised during the court process for not having attempted to mitigate your losses.

However I think that it would be worth applying conditions.

If you are agreeable, then I think that I would reply to them and tell them that you would be prepared to explore the possibility of remedial action by them but only if they make a point by point commentary on the report which has already been prepared for you and which they have been sent.
Secondly, that the remedial work which they then proposed would be set out in writing.
Thirdly that the quality of any remedial work would then be subject to an independent assessment. If the independent assessment judge that the remedial work was still of poor quality then they would pay the bill for the assessment. If the remedial work turned out to be of a satisfactory standard then you would pick up the bill for the assessment.

That seems to me to be a reasonable thing to propose. Let me know what you think.

Let me know if you are happy with that suggestion or whether you want to reject it completely or whether you want to make some modifications.

I share your misgivings about entrusting any further work to them, but I think that you are under an obligation to give them at least one attempt to address the problems – but I think subject to the conditions above which I don't think are unreasonable.

 

Link to post
Share on other sites

Also, what do you have to say about their assertion that they have tried to contact your many occasions?

Link to post
Share on other sites

I've been very agreeable all the way to this point, and I have started to think they have taken advantage of that fact.

 

Without going into massive amounts of detail, my reasons for not wanting to give them further opportunities to rectify the work are:

 

1. Delayed multiple times from outset with poor commuication and threats that I could not pull out (despite them breaching their own contract for start date)

2. Repair attempt 11th June (not all issues addressed)

3. Workers attended 5th June (Issues with work not addressed)

4. 28th June Matthew (director) attended and agreed work unacceptable-

5. 15th and 16th July- workers attended to rectify issues and actually made front drive worse by making unnaceptable paving cuts (raised in engineers report). Rear patio issues addressed (not all, and most serious issues remain)

 

Communication wise, my son has had an amicable discussion with the workers and director when attending my property. I have full CCTV front and rear and have all evidence including audio and video recordings of all interactions. I have not refused to communicate with them. I have refused to communicate with them via telephone as I said that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of.

 

I understand the point about being reasonable and fair. I think I have evidenced that I have thus far. They have had ample opportunities and stonewalled me and sent debt collectors after me. Now I've provided evidence of their poor work, I feel they are realising they are looking at a large loss, plus legal costs they probably are unwilling to pay.

 

I would not be happy to pay for their independent assessment (they have not paid for mine). The majority of the issues that were raised in the engineer's report, I had already highlighted to them (such as the cuts of the bricks not being in line with manufacturer's guidelines- if you recall I had already contacted the manufacturer Tobermore for additional information)

 

If you feel I'm completely missing the mark here, then I'm happy to be guided by you, however the Consumer Rights Act only provides them with limited opportunities to put work right. Surely I cannot be expected to just sit here for months and just keep letting them try and try again, and only now that they face the prospect of potentially losing at court. I've been reasonable, polite and accommodating from the outset, and I have written, video and audio evidence of all of this.

 

 

 

 

 

Edited by Chipsticks
Link to post
Share on other sites

What day is the expiry of the 21 day deadline?

 

Also were the visits and repair attempts which you have referred to above made in respect of the rear patio or the front patio?

Don't forget that we are proposing to sue in respect of the rear patio and so therefore any timeline of events must apply to the work or remedial attempts on that contract..

 

Link to post
Share on other sites

8th October 2021 is 21 days after the claim letter

 

They attempted to repair the rear patio issues on at least 2 occasions, did not address or comment on all the points I made, and have arrogantly dismissed all of my concerns, even when backed up with evidence (e.g British standard pre engineer report)

 

I dont feel like we really have a plan forward here. I feel that I am well within my right to refuse further repairs etc. They don't ask my opinion on anything. They inform me when they will be doing xyz, without caring to even check if I'm available or its convenient. I cannot see what allowing them to come and repair their work now will achieve. 

 

The director has informed me he will be attending my property again on Monday in his last email

Link to post
Share on other sites

Just wait while I'm going to propose another letter.

By the way, you say that one of their own employees admitted that the work was substandard. Were they referring to the rear patio?

Link to post
Share on other sites

Have a look at this suggestion

 

Quote

Dear XXX

Contract number XXX

Thank you for your letter.

For the avoidance of doubt:

the work was delayed multiple times by yourselves from the outset with poor communication and threats that I could not pull out of the contract (despite yourselves breaching your own contract start date)

Some of your work crew attended my property on the 5th June . They did not address all the issues.

You carried out an attempted repair 11th June . This attempt also did not address all the issues.

On 28th June Matthew your own director attended my property and agreed that the standard of the work was unacceptable.

On the 15th and 16th July some of your employees attended to rectify issues and actually made front drive worse by making unacceptable paving cuts.  This was notice and remarked upon in the inspection report which I have supplied to you.

Some of the rear patio issues were addressed but several remained outstanding and indeed the most serious issues have still not been dealt with.


Communication wise, there has been communication and I have tried to engage. In fact my son has had an amicable discussion with the workers and director when they attended my property.
I have full CCTV front and rear and have all evidence including audio and video recordings of all interactions. I have not refused to communicate with you.

 

I did eventually refuse to communicate with you via telephone as it was clear that our relationship was deteriorating to a point where things needed to be done in writing. I explained at the time that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of.


I see from your letter that you feel that you want a further opportunity to address the outstanding issues.

I am prepared to explore this possibility with you but it will have to be on conditions.
First of all, I have supplied you with a detailed written report relating to defects with both contracts – the front patio contract and also the rear patio contract.
I would like you to address the report in writing point by point.
I would like a written proposal of the work that you intend to undertake to address the issues identified in the report together with a definite timescale for starting and completing the work.
Your written proposal will be submitted to the independent inspector and the work will be subject to supervision by that person.
Once we receive confirmation that the defects have all been properly addressed and that the work is now up to a proper standard, the agreed contract price will be paid over to you within seven days.

Any fees incurred as a result of the independent supervision of the work to be borne by you. This is entirely reasonable given that it is your company which is responsible for the defective work.

I'm prepared to suspend the time limit identified in my letter of claim – i.e. eighth of October 2021 if you will write to me agreeing to these conditions and presenting your timetable for going forward.

If your proposals are not acceptable or if you will not agree to the above conditions then the letter of claim are still in force and I shall be issuing proceedings on 9 October.

Yours sincerely

 

Link to post
Share on other sites

I've made changes to your suggested email. I don't agree entirely with your approach. I feel like this is too weak. Bold are my changes. I'm going to send this tomorrow unless there are some serious issues/concerns around it. Contractually and legally I feel I'm on 100% solid ground. They have breached the CRA and their own contract and I don't feel I have any obligation to allow them to come back to try again. I'm quite sick of this whole situation and want it sorted asap.

 

 

Dear XXX

 

Contract number XXX

 

Thank you for your letter.

 

For the avoidance of doubt:

 

·         The work was delayed multiple times by yourselves from the outset with poor communication and threats that I could not pull out of the contract (despite yourselves breaching your own contract start date)

 

·         Some of your work crew attended my property on the 5th June. They did not address all the issues.

 

·         You carried out an attempted repair 11th June. This attempt also did not address all the issues.

 

·         On 28th June Matthew Moore attended my property and agreed that the standard of the work was unacceptable.

 

·         On the 15th and 16th July some of your employees attended to rectify issues and actually made front drive worse by making unacceptable paving cuts.  This was notice and remarked upon in the inspection report which I have supplied to you.

 

·         Some of the rear patio issues were addressed but several remained outstanding and indeed the most serious issues have still not been dealt with.

 

 

Communication wise, there has been communication and I have tried to engage. In fact my son has had an amicable discussion with the workers and director when they attended my property.

I did eventually refuse to communicate with you via telephone as it was clear that our relationship was deteriorating to a point where things needed to be done in writing. I explained at the time that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of.

I see from your letter that you feel that you want a further opportunity to address the outstanding issues.

I am not prepared to allow you to have further opportunities to rectify the work. My reasons are the following

 

1.       You have not undertaken the work with what could be described in a timely manner. In breach of the contract we both signed

 

2.       You have not undertaken the work with reasonable care and skill, as evidenced by the multiple failed attempts and subsequent engineer’s report which highlighted serious defects

 

3.       You commenced debt collection proceedings against me, in an attempt to bypass due process and the County Court.

 

4.       As per the signed contract, there is an obligation to enter mediation, which you have ignored and refused to engage with

 

5.       You have been provided multiple opportunities to make good on your contractual obligations and you have failed to do so. Therefore I no longer have faith in your company or your tradespeople.

 

 

 

All of the above leads me to the point where I no longer have faith in your ability to fulfil your contractual obligations. Therefore I have no choice but to request payment from you to make good your defective workmanship

 

If you are not able to provide me with payment of the amount detailed in my previous email, then the letter of claim is still in force and I shall be issuing proceedings on 9 October.

Yours sincerely,

 

 

Edited by Chipsticks
Link to post
Share on other sites

Regarding your point (3), involving debt collectors is a normal procedure and also no big deal for the person being pursued as debt collectors have no power to do anything.

 

It's the trying to make you bankrupt which is serious and as you rightly say "an attempt to bypass due process and the County Court".

 

You need to change this bit - obviously if you & BF decide to send your draft above.

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

Point 3 refers to the service of the Stat Demand I assume in which case its correct.

 

3.       You commenced debt collection proceedings against me by way of service of a Statutory Demand, in an attempt to bypass due process and the County Court.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

I would strenuously suggest that you don't send your version.

Stand by for an explanation of why not in the next couple of hours

Link to post
Share on other sites

I think that the letter you are proposing is not a good idea.

You are presently occupying the moral high ground and not only do you want to keep the moral high ground but also you want to strengthen that moral position.

Your letter is heading directly into confrontation and without giving any opportunities for them to reconsider their position. I know that they have had lots of opportunities already, but there is no problem with going an extra mile.

You say that the letter I have suggested is "weak" – but actually you have misunderstood the letter.

Your letter imposes extremely onerous conditions and yet they are not at all unreasonable because basically you are simply asking that the whole thing be done and supervised by an independent third party.
If they are confident about their workmanship and any proposed remedial action then they would be happy to do this. If they are not confident about it then they will object.
Frankly I think that they won't accept the conditions and in that case you will be free to go ahead and issue of proceedings but you will be able to show the court that you have bent over backwards to accommodate them.

There is no court at all which would criticise you for requiring supervision by an independent third party. Any judge would be puzzled as to why these builders refuse to accept a very reasonable condition which really is an attempt to mediate the situation, to assure that there is transparency in all dealings and to put an end to the dispute once and for all.

Your ultimate goal is to get your patio sorted out to a proper professional standard. If they agreed to third-party supervision then this is what will happen – and if it doesn't, then you will have 1/3 party involved who will give their own professional opinion that the workers not been completed either on time or to a reasonable standard and this will give you enormous power if you then eventually go to litigate against them.

I'm afraid that your proposal – which is to now refuse any opportunity to remedy the situation outside the court process and to reject the idea of independent supervision means that you are starting to deal with them in the same way that they deal with you – head-on and without any subtle diplomacy.

Don't forget that at the end of the day, once the matter settled, you are going to have to find somebody else to address all the problems and to go through all that hassle of having to monitor the standards of some other building company – and without the benefit of third-party supervision.

If Lords agree to your conditions (unlikely) then it means that you will be in a position where you have the work completed – subject to independent third-party supervision with no skin in the game and you can then be confident that it is going to be done to a satisfactory standard.

If you simply sue Lords, then you are still left with a defective patio and when you put the work out to another firm of builders, there will be no possibility of independent supervision.

By the way I'm amending the letter above to include a provision that in view of the defective workmanship which has been caused by them, they will pay the cost of the supervision.

Frankly there is not a hope in hell that they will accept these conditions – even though they are extremely reasonable. That will leave you in a position where you can still proceed and issue your claim at the end of 21 days but you will have acquired a very substantial moral asset in your case against them.

You need to look at the broader picture. It's really quite delicious.

Edited by BankFodder
Link to post
Share on other sites

Thanks for your explanation. That makes much more sense now. 

 

I've been doing exactly what you were saying since I realised a dispute was likely to occur. I've always been civil and impeccable in my behaviour and approach.

 

The company has destroyed their reputation and image through their conduct with me which has put me in a good position thus far.

 

I was just concerned that you didn't understand the full picture and were telling me to keep giving them more attempts because you were trying to help me solve this dispute.

 

I'll send that email to them tonight and update you with their response.

 

I've realised a long time back that small claim court is won by not just those who are in the right, but those who are reasonable, fair and calculated in their approach.

 

Thanks

  • Thanks 1
Link to post
Share on other sites

I've received no response from Lord.

 

I've also received a letter in the post from the court stating that there will be a hearing on 12th October to set aside this statutory demand. 

 

Why is this going to a hearing? I find it  ridiculous that I have to do so much work to make this malicious order go away.

 

What is going to happen here? What do I need to do? Is it possible that I can lose this?

Link to post
Share on other sites

Did you send the email?

I think it is scarcely possible that you will lose this but I am calling out to @Andyorch for an additional view.

It's very clear now that there are issues to be solved. Assemble all the most recent correspondence that you had the first email you sent them and this most recent email.
Evidence it will be useful to you will include the fact that their own director admitted that the work was not satisfactory standard, that they have in fact made an offer to you although they had mistakenly believe that they were trying to deal with the whole contract – but that itself shows that there is an issue.
The most recent email shows that you are trying to deal with it and that you are giving them a further chance although on certain conditions.

All of this evidence doesn't directly support a set aside but what it does do is it shows that there are issues and there are good reasons why the money is in dispute and it also supports your position that all they are trying to do is shortcut the process and to avoid independent and transparent scrutiny of the issues.
Of course your independent report will also show the judge that there are important issues and that they are simply trying to avoid dealing with those and trying to ride roughshod over your consumer rights by moving straight to a statutory demand for bankruptcy.

I suggest that you start assembling the documents that you have. To assist you please have a look at the advice which we have given in respect of preparing your court bundle. This will be a very useful exercise anyway because you will need it when eventually go to court on this at the expiry of your deadline.
Frankly I don't think you have much to worry about and if and when the judge finds in your favour, I suggest that you ask a judge for costs on the litigant in person scale which I think is £19 per hour.

Don't make it a money grab – simply explain to the judge that you've taken say, three hours, to read up and to prepare. You will be asking for a very modest figure but the important thing is the message which it sends.
 

Wait for input from my site team colleague @Andyorch who no doubt will come along with more technical detail.

Link to post
Share on other sites

Thanks for your quick response.

 

I've sent the email which we were discussing yesterday.

 

I've made the money claim online account and started compiling all the evidence.

 

The court sent me a copy of everything which I submitted to them. The defendant to my application is Lord. Will they be responsible for responding not the debt collection agency? If so I would imagine they will represent themselves or incur legal costs.

 

The process is quite opaque. Can I submit more evidence? The date of 12th of October is very close. As its all over telephone am I right thinking it will be a relatively short fact finding exercise from the judge? 

Link to post
Share on other sites

Wait for input from my site team colleague but in terms of the litigation, if there is no response from them by the expiry of her deadline then you must click off the claim promptly at the expiry of the deadline so that you can tell the court that a claim has been issued and you can give the court the claim number.

In other words you will tell the court that rather than the the short cutting process which is preferred by  the builders, you are attempting to bring the matter to independent scrutiny in the most transparent way possible.

You will also be able to point out to the court that if a statutory demand for bankruptcy was approved that this itself would pre-empt the decision of a court which was able to hear the evidence and to form a proper informed judgement.

 

Link to post
Share on other sites

Points to emphasise with the court:

  • There is no problem about money. The entire issue is about the quality of the work which has been carried out.
  • The shabby workmanship has been confirmed by an independent survey for which you have paid £355.
  • The survey report has been provided to the builders and yet they have so far ignored it and declined to comment.
  • There were four contracts in all. Two of them were completed to a satisfactory standard and the price of those contracts was paid without any difficulty.
  • The dispute relates simply to two remaining contracts which are the subject of the independent report.
  • From the outset of this dispute instead of trying to hold a dialogue her adopted a barracking and bullying approach – the same approach which is being used by their debt collection agency.
  • You have received threats that they will trespass onto your property and remove your driveway.
  • They are completely aware that there is a legitimate dispute and in fact one of the directors admitted that the work was not up to standard.
  • You have embarked on the pre-action protocol as a prelude to legal action.
  • Legal action in respect of one of the contract has now been issued.
  • You are still hoping that the builders will deal with the matter without the need to take the litigation into the court room.
  • The building company have attempted to avoid the independent scrutiny and transparency of the court process.
  • The proper procedure for addressing this dispute would have been to start a legal action against you.
  • The building company have decided not to use a transparent process and have the evidence weighed by a judge.
  • The building company has preferred to shortcut the process and to use the strong-arm tactic of trying to have you declared bankrupt.
  • This is clearly an abuse of the process.
  • If there were serious questions about your intention to avoid payment, it would have been open for the building company to issue proceedings and eventually to have required that you would pay the disputed some into court.
  • You would have complied with such an order without any difficulty – but they have chosen not to litigate.
  • Now that litigation is underway, you believe that the best course of action is to allow the litigation to take its course and for the building company either to come to the table or else for the matter to be decided by a court after having weighed all the evidence.


I'm going to say that if you had been more responsive in the way that you had been dealing with this so far – and as we have been encouraging you to do throughout this process, we would be well advanced by now and there wouldn't be this furious last moment dash to prevent a bankruptcy procedure.

I hope that in view of what is happening you will now re-prioritise this matter.

 

I don't know what your temperament is like but when the hearing starts, you must remain very level and gentle in your approach and your tone of voice. Simply make your points. Listen very carefully to what is being said to you. While the judge is speaking, you should make notes so that you don't forget to refer to a particular point if something important is said. In the heat of the moment and in the stress, it is very easy to hear the judge say something to which you want to respond and then as the judge continues, you forget to say it.

Once again, I expect that @Andyorch will be along at some point although he may be away for the weekend.





 

Link to post
Share on other sites

They may try to say that you haven't given them an opportunity to remedy the situation.

You are now in a position to say that that is untrue and that you have invited them to address all the defects but subject to a written schedule and subject to supervision.
Assuming that you will have actually issued the proceedings, you will then be able to say to the court that despite this approach, the defendants have declined and it is for this reason that you have been obliged to issue proceedings.
You should emphasise that you have only brought the matter into the court process as a last resort – whereas by contrast, the building company have attempted to use a bankruptcy procedure as a first resort.

Link to post
Share on other sites

Here is an updated draft of the proposed particulars of claim.
Please can you start dealing with this. Fill in the figures and also let me have some comments.

 

Quote

The defendant builders entered into a contract on their own standard terms and dated XXX with the claimant to carry out works to a rear patio. The contract was carried out but in a manner which by the defendant's own admission was in a substandard manner. The work needs substantial remedial work to address the defects. The defendant has been provided with a full independent assessment and quotation and is fully aware. The defendant has been invited to address the defects under supervision. The defendant has declined to cooperate and has employed tactics which have undermined the claimant's confidence in the defendant company so that the claimant no longer trusts the defendant with the work.
Contractual price: £XXX, deposit paid £XXX, cost of remedial works £XXX, cost of survey £XXX

 

Link to post
Share on other sites

Quote

Why is this going to a hearing? I find it  ridiculous that I have to do so much work to make this malicious order go away.

 

What is going to happen here? What do I need to do? Is it possible that I can lose this?

 

Its quite normal for hearing to be called in set a side application on Statutory Demands. A date will be set for the hearing ( 12th October) which you must attend. If you don't go to the hearing the court will dismiss your application to have the statutory demand set aside.

Take a copy of your application and all the documents you rely upon with regards to the dispute as to why this kind of Debt Collection is not suitable in this instance and that the debt in question is now subject to Litigation due to its complexity and nature of dispute. (also take a copy of your claim form and particulars)

 

You may have to pay court costs if your application is dismissed.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

I wouldn't emphasize "complexity" c too much.

That is a ground for moving it to the fast track even if it is below the £10,000 threshold

Link to post
Share on other sites

Complexity with regards to issuing a Stat Demand...which is not suitable for this kind of debt collection action. Stat Demand's are issued for black and white undisputable debts.

 

 

.

  • 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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

Quote

 

The defendant builders entered into a contract on their own standard terms and dated 12/03/2021 (Invoice number 1554) with the claimant to carry out works to a rear patio.

 

The contract was carried out but in a manner which by the defendant's own admission was in a substandard manner. The work needs substantial remedial work to address the defects. The defendant has been provided with a full independent assessment and quotation and is fully aware. The defendant has been invited to address the defects under supervision.

 

The defendant has declined to cooperate and has employed tactics which have undermined the claimant's confidence in the defendant company so that the claimant no longer trusts the defendant with the work.


Contractual price: £2650, deposit paid £530, cost of remedial works £2550, cost of survey £355

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...