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    • The new Credit 500, an index of the most influential people in consumer and commercial credit in 2022, has been finalisedView the full article
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    • I unexpectedly had a couple of hours free this afternoon and thought I would have a bash at helping simeon drafting his counterclaim.  Everybody please feel free to comment on and - hopefully improve it!  (In particular I am not sure if I've got the terminology correct vis a vis counterclaimant and defendant - so that may need correcting).   I am aware that Andyorch and BankFodder often stress the importance of keeping POCs to the bare minimum so as not to give away your case too much.  Whether I've given too much detail - or not enough - here, I don't know.  As I say, it's free to be pulled apart, but simeon seems to have nothing else.   Paras 1 - 16 (in black typeface) are simply a precis based on what has gone before and I've used them to put the counterclaim in context. Paras 17 - 19 (in red typeface) are simply my attempt to provide a basis for simeon's counterclaim.   At the end of the day this is simeon's documant - nobody else's.  simeon has to satisfy himself that it is both accurate and true, and also says what he wants it to say.  He will also have to order and sort out any attachments.  As I said earlier, I'm NOT giving legal advice!   Here goes... ===================================================================================================== Counterclaim   1.      The defendant agreed to undertake building work (Project 1) at the counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously removed chimney breast and, c. To install a new beam to the patio door.     2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the counterclaimant and that the defendant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the counterclaimant provided the defendant with a full copy of the structural engineer's report which detailed instructions to the defendant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.     5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the defendant's work. The second payment would be paid at the halfway point of the defendant's work. The final payment would be made on completion of the total works.   6.      The defendant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the defendant asked the counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The defendant also stated that Project 1 was approaching mid-way and the counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the defendant’s work but the defendant was absent.  The inspector was obviously very displeased by the standard of the defendant's work.  The inspector spoke to the defendant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the counterclaimant’s structural engineer with his findings and the counterclaimant should hear from the engineer soon.   9.      The counterclaimant passed on the Building Inspector’s instructions to the defendant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The defendant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the counterclaimant to do the necessary work and this company was engaged by the counterclaimant to complete the necessary piling at an additional cost to the counterclaimant of £3300. (See receipt at Attachment1).     11.  The defendant asked if the counterclaimant needed any more work to be done and, despite the problems encountered on Project1, the counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.     12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the counterclaimant had occasion to make several complaints to the defendant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the defendant demanded payment for that work.  After a period of negotiation the counterclaimant agreed to pay him £2000 on 18 August 2020.    14.  The counterclaimant subsequently paid the defendant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.     15.  It later came to the counterclaimant’s attention that the defendant had removed material (including a steel beam) from the counterclaimant’s property that the counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the defendant admitted he had done this.  The counterclaimant has included the value of this material in his counterclaim detailed below.   16.    On 21 September 2020 the counterclaimant highlighted and sent a snagging list to the defendant (Attachment 2).  Over a month later the defendant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Attachment 3).  All of this snagging work remains undone by the defendant.     17.  Apart from the outstanding snagging work referred to in para 16 above, the defendant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.   18.  During the course of carrying out work on Projects 1 and 2 the defendant also negligently caused substantial damage to the counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.   19.  The counterclaimant seeks an order from the court directing the defendant to pay to the counterclaimant the sum of £nnnnnnn {Simeon - put in the actual total amount here} in respect of:   (a)   the cost of the piling referred to in para 10 above which the defendant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the defendant had left undone from Projects 1 and 2; (c)   the cost of remedial work to put right the damage negligently caused by the defendant and referred to in para 18 above; and (d)    the cost of the steel beam referred to in para 15 above.   A receipt in respect of item (a) - see Attachment 1 - and two priced quotes in respect of items (b) and (c) - see Attachments 6 and 7 - are attached in support of this counterclaim.     =================================================================================================================   What I'm not entirely clear about are two points.   First, it's not 100% clear to me whether simeon can properly claim the £3300 in paras 10 and 19(a) or not.  What I mean is, simeon is arguing that this work required by his structural engineer was always within the agreed scope of Project 1.  But it's not clear to me if it was within scope or whether it was entirely new and unforeseen work.  As I see it simeon can only counterclaim this amount from the builder if it had already been incuded in Project 1.   Second, the basis of the counterclaim still seems extraordinarily thin to me.  Is it sufficient at this stage just to allege that the builder caused any damage negligently and is therefore liable to pay to put it right.   That's it from me I think...    
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Domestic Violence now left with Major debt - all in my own name - starting with Council Tax - Bristow Sutor


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but never give those kinds of detailed info to any DCA nor any debt help charities etc.

  • I agree 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... 

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Yes, I had suggested that you should give those details by imagine that you were dealing directly with the council. Otherwise as my site team colleague said – you shouldn't share that information

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As far as I know, British Gas will take on the account as it is, with the debt balance and the exisiting tarrif rate.

 

It is probably going to take British Gas months before they contact you in regard to dealing with the debt.

 

What was the situation regarding the debt ?  Had Peoples energy starting to take any action to deal with the debt ?  Did they fit a prepayment meter with the debt loaded onto it or do you have a standard meter ?

 

Have you contacted British Gas to register yourself as a vulnerable customer, so they can handle your account providing any support you need ?   If not, it might be worth doing so.

 

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

 

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PE had started to contact me, but no action. so running on a normal meter currently.  

 

PE customers have been told to wait until BG contact us with regards to our account.  as their tarrifs might be higher than competitors, and i would like to go to Octopus energy as they have the best deals currently.  

 

so i cant switch just yet. 

 

i dont have an account number with BG?

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  • 2 months later...

I have just had a letter come through from EMPIRA for my ex partner.  The letter was address to my previous address and has been forwarded by the current occupier.  

 

The letter is a Notice Of Application - WARRANT OF CONTROL 

 

it basically says that they have done a credit check against him and have ascertained that he is able to satisfy the debt either by payment or seizing of assets.  They are preparing a warrant of control. 

 

can someone please tell me what i should do?  he doesnt live at the old address, he certainly doesnt live with me, I have no idea where he is, and now I am worried that this will come to my address - what do i do please 

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are you in ireland?

not heard of them for years?

 

can you scan the letter upto a PDF

read upload carefully 

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... 

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Well if they supposedly have done due diligence, neither is the correct address.

 

letter please

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... 

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If your ex has no connection to your new address,  there is no reason why they would come to your address, unless the current occupier of your old address has told them.

 

That letter is a month old, so if they had your new address, they would have visited by now, I would have thought

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

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the occupier of my old address might just tell them if / when they turn up! - then what do i do?

 

I have returned the letter marked "not at this address"

 

i have called them and they are real asses! 

 

they have said that the people who live at the old address need to send a copy of their council tax bill to prove they live there!!

 

i told them its not my job to ask them to do that - its up to them to find my ex!

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quite correct and that is not a bailiff letter!

 

can i give you a little tip when dealing with all the people 

regardless of if they are DCA's or BAILIFFs (not the same :pound:}

 

STOP RINGING THEM! - thats the last thing you should EVER do no matter who it is.

 

never just pickup the phone or talk about debt of yours or anyone on the phone

put it down stating writing only.

 

now this is for a CCJ

there is NOTHING a bailiff can do on a CCJ really anyway!!

its a county court judgement

and there are no rights of entry anyway on county court stuff.

its only magistrate fines like dvla speeding etc etc.

 

that letter is infact just a simple letter of them acting as powerless DCA's, they have not been court appointed.

i suspect the DCA that got the ccj got it by the backdoor too and now thinks their mates can have a go at being a bully when legally they cant ignore them!

 

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... 

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they are not yet operating as bailiffs in this case NO>

 

if you read it CAREFULLY, they are looking at what options they COULD recommend to their client (the Claimant of the CCJ)  IF the claimant of the CCJ goes BACK to court and the JUDGE allows the use of bailiff enforcement on a CCJ, it is not given at time of judgement, a claimant HAS to return to court and ASK for it.

 

its a willy waving letter!

 

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... 

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