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    • 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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Purchased faulty car in July from Peter Vardy Glasgow Carz Hillington. still not fixed


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Hi 

 

I purchased my Citroen C4 Picasso in July 21.

WWW.PETERVARDY.COM

 

There were a couple of faults with the car. One being the centre console kept/keeps re-booting. I reported this quickly. They took my car in on 20th July 21, they changed battery, this helped with a problem the eco start stop but did nothing for the re-booting of the centre console. I was fobbed off 3 times when car was booked in, the cancelled the booking as no courtesy car available. 

 

I made a formal complaint in August, my car was taken in and I was given a courtesy car. 

 

They've had my car now for 5 weeks with no date for return. I want to ask for my money back but not sure we're I stand on that. I've had enough. 

 

I've sent a letter from consumer advice giving them 14 days to respond, although I've had two calls recently they've not responded to the letter/email directly. They have acknowledged the letter. 

 

There is more to it, but that is the basics. Could some kind soul offer some advice? 

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Tell us the name of the dealer
how did you pay for it
more about the card – make model mileage age et cetera
how far away from you is the dealer?

 

Also, are you still driving the courtesy car?

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  • BankFodder changed the title to Purchased faulty car in July from Peter Vardy Glasgow Carz Hillington. still not fixed

Thanks. Was the bank loan specifically for the car purchase – or was it simply a loan and you basically did what you wanted with the cash? I think what I'm asking is whether the loan was made under the consumer credit act?

Five weeks is excessive. Under the Consumer Rights Act if a defect manifest itself within the first 30 days then you have the right to reject the vehicle out of hand. Unfortunately you've missed this window.

If a defect manifest itself within the first six months then the dealer is entitled to a single opportunity to repair – within a reasonable period of time and if not you are entitled to reject the vehicle.

Write to the dealer immediately. Assert your rights under the consumer rights act. Tell them that under the consumer rights act you are giving them a single opportunity to repair the vehicle and if they failed to do that then you are rejecting it and you want a refund.

Tell them that in view of the fact that they have had the vehicle for five weeks so far, you are now giving them a further five days to complete the repair and if they are unable to do that then you are rejecting the vehicle and you want a refund within a further seven days.

If you want you can make this a letter of claim in which case you give them a total of 14 days for the refund from the date of the letter or else you will issue a claim in the County Court.

On the other hand, you can wait for the five days plus the seven days – 11 days and then send the letter of claim giving them 14 days.

In terms of the courtesy car, I don't see any point returning it until the matter is resolved – unless they do something quite dramatic such as demanding its return and threatening you that you will cease to be insured if you hang onto it.

In that case let us know.

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Hi. Thanks for the response. 

 

They actually did threaten to take courtesy car back and return my car without it being repaired. This happened on November 5th. Turns out they didn't even have my car as it's with a sub contractor. 

 

Is an email a sufficient/appropriate way to send them the information? 

 

Thanks again. 

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Email is fine. Confirm it with a letter. Make sure the letter refers to the email and the date of the email. Everything runs from the date of the email.

Start reading up about the steps involved in taking a small claim in the County Court. It's not difficult but it's worth knowing the steps in advance.

I don't think you told us the value of the car?

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I'm in Scotland, is the small claims process different? The car was less than £10.000

 

 Hi. Thanks for the response. 

 

They actually did threaten to take courtesy car back and return my car without it being repaired. This happened on November 5th. Turns out they didn't even have my car as it's with a sub contractor. 

 

Is an email a sufficient/appropriate way to send them the information? 

 

Thanks again. 

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I've answered your question about whether an email is appropriate in my earlier post. Have you not read it?

Why did they threaten to take the courtesy car back?

Scotland small claims procedure is slightly different and I think that the limits are less. I'm going to ask for some input from my site team colleague @Andyorch because frankly I'm always getting confused about Scottish procedure.

Meanwhile, send the letter that I suggested above. That applies equally throughout the United Kingdom

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When I suggest that you don't give them the courtesy car at the moment. What is it and what is it worth?

If they start talking about insurance and say that it won't be insured then I suggest that you take it off the road but hang onto it. It can be a useful piece of leverage although we will have to be very upfront about what you are doing.

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Here is a link to our Scotland Financial Legal Issues Forum which explains the process.

 

Dependent on the value of the claim it will be either a Simple Procedure Claim up to 5K or Ordinary Cause Action for over £5K

 

https://www.consumeractiongroup.co.uk/forum/371-scotland-financial-legal-issues/

 

Andy

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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 The National Consumer Service

 

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

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Can someone please answer why I never find the simple procedure at all "simple"?  😕

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The online portal has simplified the simple procedure .......partially .:wink:

 

WWW.SCOTCOURTS.GOV.UK

 

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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 The National Consumer Service

 

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

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I notice that you have avoided telling us whether the loan was a consumer credit loan for the purpose of the purchase of the vehicle or whether it was simply a cash loan which he then used to purchase the vehicle. Any reason for that?

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I believe the simple procedure claim is limited to £5k, a court claim of +£5k is an

 

 

WWW.SCOTCOURTS.GOV.UK

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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Read up what we have to say when you pay by cash or pay by bank transfer. Big Fail.

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Not at all, but if you had taken out a consumer credit loan provided specifically for the purchase of the vehicle then you could have involved the lender as well and at the end of the day made them equally liable.

You paid by cash and this means that you surrendered all the rights and protections that you would otherwise have had.
 

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Hi 

 

Apologies for not responding or continuing with this. I'm really anxious about taking this to the suggested level incase it moves to court proceedings. 

 

But I think after this morning's conversation with Peter Vardy, their threatening tone and attitude are nothing short of disgraceful. 

 

They still have my car and said it will be 16th December before they can get it booked in with Citroen. I'm still awaiting email confirmation of this. 

 

I shall write to them giving them until 16th December or I want my money back. Does this sound reasonable? 

 

Thank you. 

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Yes it sounds extremely reasonable. However I think you are being given the runaround.

But if you feel comfortable doing that then that is the best thing for you.

 

What makes you uncomfortable about taking court action? It may well be the only way forward. Don't forget that even if your car is apparently repaired, it may not be repaired to a good standard and if there are other defects which appear, you will have to return to the same dealer even though by now you will have a very difficult relationship.

By all means wait until the deadline that you set – but if I were you I would start considering your options and start understanding what court procedures all about. At this level it is really very straightforward
 

Incidentally, have you asserted your rights under the consumer rights act?

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Looking back at this thread, I see that actually you been communicating with the dealer and laying down deadlines – and then the deadlines vanish into a puff of smoke and you seem to set another deadline – and then another puff of smoke.

I suggest that if you are going to set a deadline now for the 16th then you include in a letter of claim and you be as good as your word. That means that at the end of the 14 days, you start the legal action.

Then maybe they will start to take you seriously.

 

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  • 2 weeks later...

short and straight

there are 100's of like threads in this very same forum with LOC example click the Vehicle retailers and manufacturers

 

look at others

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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