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    • @FTMDave  -  Simeon's had a go at incorporating the attachments at #100 (I think?) but I think what he's done needs tidying up.  But as you say that's just an admin/clerical task and all simeon needs to do is to ensure that it all hangs together and makes sense.  Doesn't require specialist knowledge.   I agree with your comment regarding my paras 13 and 14.  You've made it clearer than I did!   I've also advised simeon to incorporate the report he got from the surveyor.  (Was it Hale Survey Limited?)  Let's see how he got on.   Oh - I also introbuced an error in my draft.  I had simeon down as paying the piling company £3300 but it was only £3000 (I think).  Simeon needs to check that the correct figure is in.  (Simeon had corrected my error* in #100.  I think you may have missed that because you've got a day job to do!)   Oh - and of course simeon needs to ensure that he has taken account of the corrections you have made to the claimant/defendant terminology.   Apart from the above and the interest, I'm not sure if anything else is required.  It's up to simeon now...    *I think the only thing simeon changed in #100 from my earlier draft was the piling bill from £3300 to £3000, and he attempted to add the attachments.  It might have been better - and less confusing for you! - if he'd left that until you'd completed your amendments.  Ah well...
    • We don't need the claim form, they are standard so we know what they look like.   We needs (a) the fleecers' particulars of claim verbatim with the amounts they are claiming, and (b) the date of the claim so we know the deadline for getting your defence in.
    • I see simeon  has several quotes for remedial work and also a report on some of the damage.  They need to be given exhibit/attachment numbers and linked to (16) and (17).  That is simple clerical work, you don't need any legal knowledge to do so.   Obviously the piling receipt has to be linked to (10).   As MiE has pointed out, the total needs to go in (18) and personally I would include the four sub-totals in (18 a b c d).  After all, the court did ask for a properly itemised counterclaim.   If simeon can do the above tomorrow we can then add Andyorch's point about interest at the end.
    • Hi, I’m really scared and nervous to write here, as I’ve never done anything like this before.    I had a telephone DWP compliance interview the other week, when I had the letter I thought I’d been called up at random as I couldn’t think what I’d done wrong.  In 2016 I started an open uni course part time as I was working, however a few months later I suddenly became unwell and was off work a year before finally becoming dismissed. I had to claim ESA while I was still employed as I hadn’t paid enough tax. My mum helped me make the ESA claim over the phone and one of the questions was ‘are you in full time education’ which I replied no to, but we said I had as at the OU part time.  I had to attends job centre visits and told them again about my open uni course, and every year I phoned up for a letter to confirm my ESA for my student fee loan and a part time grant.  The compliance officer is investigating me because I hadn’t declared my studying even though he had it down that I said I was with them. So I’ve had to send in all my information on my student grant which is £1155 a year.  I’m terrified of what is going to happen because I’m sure they had everything down about it all. I’m still claiming ESA for my illness and I’m in the support group, and I’m upset because I’m sure everything was down.  I just wondered if anyone knows what’s going to happen to me.    Best wishes 
    • OK, I've sorted out using the correct terminology to refer to the parties.   The original document was absurdly long and filled with waffle. I reduced it. Then MiE did so further – twice. I've continued on the theme and have merged (13) & (14) as I don't think we need to go into detail of why a £2000 payment because £1500, it'd just confuse the judge.  Feel free to disagree!   I've sorted out the new numbering and references to paragraph numbers.   IMO (16) needs beefing up to explain why the builder disappeared, but simeon seems to not want to explain this properly, so so be it.   Apart from that it looks about ready to go.   Counterclaim   1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 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 Defendant/Part 20 Counterclaimant and that the Claimant’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 Defendant/Part 20 Counterclaimant provided the Claimant with a full copy of the structural engineer's report which detailed instructions to the Claimant 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 Claimant's work. The second payment would be paid at the halfway point of the Claimant's work. The final payment would be made on completion of the total works.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The inspector was obviously very displeased by the standard of the Claimant's work.  The inspector spoke to the Claimant 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 Defendant/Part 20 Counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3300. (See receipt at Attachment1).   11.  The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 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 Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the Claimant admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Attachment 2).  Over a month later the Claimant 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 Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 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 Claimant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above; (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above; and (d)    the cost of the steel beam referred to in para 14 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.
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Disabled/motablity being ripped off by dealers .


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Hi 1st all if I got this in the wrong section plz amend. 

 

I am registered disabled and I have a mobility car and  I have found/discovered  something that I find disgusting wrong  disabled ppl being ripped off .

 

In september 21 I taken the car to a main dealer for the car 1st service  is a diesel combo . 2 days after the service  the ADBLUE light cameon, i went back to the dealer and told them which they replied  yea it not part of the service .  And if you want us to top it up its £30.  No it's not as in the hand book it says all I put in is fuel EVERTHING  else is free . the manager comes out and says no it's a consumable, I said so is tyres 

 

i called Motability and told them, they told me, no it's part of the service you DO NOT PAY,  the manager said we do it this time as even BMW charge. I thought whats that got to do with price of fish as this is a Vauxhall dealer . 

 

I told my sister about this, her husband is disabled and she told me his car went in July and they charged him £30 odd for adblue   their car is skoda.  

 

I called

BMW 

NISSAN 

and know Vauxhall an skoda charge  

 

Now there must be hundreds of thousands of Motability cars /disabled ppl being ripped off all over the UK  

 

I called Motability and I was palmed off   !! They must made a mistake I'll send them an email!! 

 

I dont think it was a good enough response to what could be a massive fraud UK wide . .. 

 

PLZ IF YOUR DISABLED YOU DONT PAY FOR ADBLUE  when you get your car serviced.  

 

If you been charged and got your receipt go back and get your money back .   

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What's the name of the dealer please? Would you be prepared to talk to the press?

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Its Vauxhall main dealer in upper boat treforrest pontypridd

 

I did call the press as there was no boobs or some has been celeb they was not interested.  Which I think is disgusting . 

I called national and local news papers . 

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Hi

 

I myself am a Motability Customer and have been for some years with numerous cars.

 

What I will say is you won't have been palmed off by Motability as your complaint will be noted on their system with that specific dealership and they
will have asked that dealership to respond to your complaint.

 

With Motability it will take more than one complaint against that specific dealership unless very serious for them to take corrective action on that specific dealership.

 

When you contacted Motability did you make it clear that you were complaining about that dealership and the adblue charge?

 

What exactly did Motability state to you after they had carried out their investigation? (Motability would have contacted that dealership for a response)

 

Did Motability offer to change you to another local dealership for servicing of your car? (they can do this if you are unhappy with that specific dealership)

 

I note you state your sister husband who is disabled took his car and was charged £30 for adblue for their car but could you clarify:

 

a) Was this at the same Dealership you went to?

 

b) Was this car a Motability Scheme Car?

 

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi . I also been Motability customer for many years but this is my 1st diesel . 

And I have to say Motability staff are the cream of the cream  best of the best  100% amazing staff  but this time in particular when I said what happened  just like I said  

 

The reply was  they must been a mistake I'll send them an email to remind them  , I said I want to make a complaint about them as they was rude dismissive and I dont really want to go back to them . 

 

she said  this is a complaint  I'm doing it now and I'll send them an email to remind them , And I had nothing  off them since . 

Also I left it on their feedback on their Website review.  (the dealer ) , they replied in a bog standard click and paste reply  saying they will contact me and deal with, they never did even left follow up feedback to the review. 

 

I was shocked by the lack of response from Motability  of the potential fraud that could be going.on .. 

As far as I'm concerned it is fraud  they know it's free to Motability customers  but still try and charge  even argue with customers in middle of the show room  and that was their manager   david /dav .  

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16 hours ago, stu007 said:

Hi

 

I myself am a Motability Customer and have been for some years with numerous cars.

 

What I will say is you won't have been palmed off by Motability as your complaint will be noted on their system with that specific dealership and they
will have asked that dealership to respond to your complaint.

 

With Motability it will take more than one complaint against that specific dealership unless very serious for them to take corrective action on that specific dealership.

 

When you contacted Motability did you make it clear that you were complaining about that dealership and the adblue charge?

 

What exactly did Motability state to you after they had carried out their investigation? (Motability would have contacted that dealership for a response)

 

Did Motability offer to change you to another local dealership for servicing of your car? (they can do this if you are unhappy with that specific dealership)

 

I note you state your sister husband who is disabled took his car and was charged £30 for adblue for their car but could you clarify:

 

a) Was this at the same Dealership you went to?

 

b) Was this car a Motability Scheme Car?

 

The told me I can go to Cardiff branch  slope road  so that's where I'll be going in future.  

 

As for my sister no it was a diffrent dealer its skoda dealer  mine was Vauxhall dealer . Im not sure where there dealer is but it be local to pontypridd..and yes it was a motablity car.. she told me shes always paid for this adblue stuff (as they always had diesels) its  not the 1st time shes paid for it.  His last car was nissan  then it was Kia  then Vauxhall.  .

 

 

I told the lady from motablity that I wanted to make a complaint as I had a long list of problems with Vauxhall dealer  and one the probs was adblue  that's when she said I'm doing the complaint now and I'll send them an email to remind them as it might made a mistake to charge . 

 

I mean it's not like it's there 1st time doing motablitiy cars and not some back street dealer   charging for adblue to me is a dam right scam to rip disabled ppl off 

What is the chance that the service staff once they been told adblue is free to motability customers   there all going to say ???? WOW I didn't know  no one ever told me mind you i did wonder but thought no it must be right . 

Rubbish its money for them  dealers dont make much money off the sale of cars thro motability  that's why they changed the lease to only every 3 years  as before you could keep the car  but that changed.  What else they charging for   screen wash .anti freeze.. .. 

 

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Well I should have an up date on my dealer this week as its come up again .. !! You need to add adblue or wont start your car message!! Flashing on the dash  so I'll call them ask and see what they say .  Mind you they said they filled it up in September 2021  iv done less than  2k (had to go.

 to scotland for my sister's funeral )  and now its saying it need stopped up .. 

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