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    • 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.    
    • 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.
    • 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.  
    • How the European papers see Britain's problems, from the Independent.   European newspapers blame Brexit for UK supply chain crisis WWW.INDEPENDENT.CO.UK Continent’s press liken situation to 1970s Winter of Discontent and ‘boycotted Cuba’  
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Ombudsman Advice!!!!????-Beware.


sg51bmw
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Ombudsman Advice!!!!????:? :? :?

 

Hi, Got a few threads, some of which still awaiting advice, however last week something happened which concerned me a lot.

 

My sister in law is going through the same process with her bank, she has gone through the ombudsman as opposed to the court route I and my wife have taken, she has been advised by the ombudsman representetive to "accept" the offer from her bank (£2000 on a £3500 claim) as if she doesnt the court will look unfavourably on her not "negotiating" with the defendant so to speak, OK first red flag - we turned our offer down from Natwest and are due in court 22nd May- second red flag , why is the ombudsman giving this advice? and finally, my wife is now taking a second claim via the ombudsman as opposed to the court route - and has said because of her sisters advice she will accept the first offer from Nat west!!!

 

This cannot be good news if the ombudsman is giving this advice

 

sg51bmw

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I wonder why the ombudsman thinks he can second guess what a Judge might make of the case?

 

Your sister in law has negotiated.

 

She's worked out what she is owed, told the bank she wants it back, given the bank an opportunity to settle without legal action and rejected the banks opening offer in the knowledge that they will cave in before there is even the slightest possibility of being dragged in front of Judge.

 

Dont forget, the ombudsmans decision is binding on the banks, but you are free to accept it or reject it.

 

The judge will make a judicial decision based on the the Law and the merits of your case. The fact you havent been able to come to an amicable agreement is the reason you have had to ask a judge to decide.

 

The Financial Ombudsman Service is funded by the Banks.

 

HM Courts Service-isnt.

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The F.O as said above is financed by the banks. So you don't cut the hand off that is feeding you. I have my own experience with the FO and we were awarded a substantial sum of money by an ajudicator. Which is the first level. The bank appealed and surprise, surprise an ombusman went with the bank. We were told that we could persue our case through the courts. 3years ago, who was going to take a high street bank to court ? Don't except that advice and start your claim yourself.

Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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