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    • Dear PIXeL_92 It has been explained to you in previous correspondence that the roof tiles that are the subject of your complaint, at the time of inspection were heavily covered in moss. It is in your agreed terms that the surveyor will not carry out an asbestos survey and is not required to scrape away moss if the surface below is obscured. The surveyor will carry out only a visual inspection and comment on defects visible at the time of inspection. Roofs can fail at any time particularly in periods of inclement weather. As stated in your report, the surveyor confirmed that the roof was in a satisfactory condition at the time of inspection therefore would not require replacement in the immediate future. The subject building is a utility building and is not a habitable room of the main property. As previously explained, tiles on an outbuilding of this nature would not affect the property value. You state you would have factored in the cost of removal/replacement into the purchase offer however as advised at the time of inspection the tiles were in a satisfactory condition and you have not sought to replace the tiles in the three years following the date of inspection. This confirms the comments provided by the surveyor. You have previously stated that the roof became damaged due to high winds and the roofing specialist you instructed to replace the broken tiles made you aware of the possibility that the tiles may contain asbestos. However, you have not yet had the tiles tested to confirm the presence of asbestos. Our surveyor revisited your property and confirmed that you have had the damaged roof tiles replaced. A roof that contains asbestos will only become a health and safety risk if it is disturbed and it therefore seems odd that the roofing contractor was happy to replace the tiles if in fact asbestos was present. We understand that raising a complaint and progressing to legal action as you have suggested you wish to do can be a lengthy drawn-out and expensive process with no guarantee of success. If necessary, we will notify our legal team to address this matter on our behalf however, we are happy to attempt to settle this matter in advance to avoid prolonged communications and extending this matter for many more months. In an effort to conclude this matter to the satisfaction of all parties, we shall increase our goodwill offer to £500 in full and final settlement of this matter. This offer will be available until Thursday 27 August 2020. There will be no further offers made after this date. I look forward to your response. Yours sincerely, Walker Dunn MRICS   ******************************************************************************************************************************************************************   Dear Walker Dunn,   Apologies on the delayed reply unfortunately I had to attend to some personal matters that left me unable to reply to emails.   A few points I want to make regarding your previous letter.   You mention at the time of the inspection that the surface of the tiles was covered in moss and obscured the view of the tiles, we however have pictures from when we moved in showing this was not the case, whilst there is moss on the tiles it in no way obscured to the point that the material would have been assessed incorrectly and you can also see the curling of the edges to a large amount of the tiles and this is a characteristic of asbestos.   You state in the report that the roof was in satisfactory condition, however, if the roof was indeed slate that your report indicated this would have been correct however the curled edges of asbestos tiles indicate that they are fatigued and need replacing and that is not satisfactory condition, again the material was not identified correctly at the time of the report.   As for this point "You state you would have factored in the cost of removal/replacement into the purchase offer however as advised at the time of inspection the tiles were in a satisfactory condition and you have not sought to replace the tiles in the three years following the date of inspection. This confirms the comments provided by the surveyor."   We had put away money to have this done, at the time as it was deemed slate in your report we didn't prioritise this as a repair, as you know the roof of the main property was in an awful state and was leaking into the bedroom this took priority along with having all the plumbing in the bathroom replaced as we discovered it was stuffed with kitchen roll under the bath to hide a set of leaking pipes that eventually made its way into the kitchen. We then also had a passing in the family that took us away from the local area for around a month and then my partners dad became homeless due to a gas explosion that destroyed his property so we had to accommodate him for a year and half so most work we had planned got put on hold. This doesn't confirm your comments in your report, this just allows you to assume it did as it wasn't done straight away however this was not the case. We have all the paperwork and invoices to show the above work was done to the main property along with pictures along with all the details surrounding the gas explosion.   We don't agree that part of a building being a habitable room of the main property makes a difference in our case, of course any structure on a property would affect the properties overall value when offers are being made as you make your offer based on the overall property and if you wanted to use the outbuilding for a specific reason you would be more inclined to go for a property that dose have an outbuilding over one that doesn't or if you want another example one with a swimming pool selling for a higher amount as that is considered a premium.   You then say "You have previously stated that the roof became damaged due to high winds and the roofing specialist you instructed to replace the broken tiles made you aware of the possibility that the tiles may contain asbestos. However, you have not yet had the tiles tested to confirm the presence of asbestos."   We had the roofer come and take a look instructing him that we wanted two slate tiles replacing due to us believing at the time the roof was slate based on your report, he then mentioned from a simple visual inspection that they are in fact asbestos. He said he could replace them with two slate tiles but we would have dispose of the two slipped asbestos ones safely as he wasn't licensed to do so, they were removed in a safe manor to avoid cracking them due to how brittle they were.   We have at several times offered to have them tested for you if you would cover the costs of testing if they are in fact asbestos tiles but this simple question has still remained un answered, so for this reason we have now booked a test and this will be added to the costs we will be pursing if and when we are forced to go down the legal route along with all legal cost and the cost of disposal and replacement of the roof, as mentioned before I just wanted the disposal costs covered, but our solicitor has now advised us we should be entitled to have the full costs awarded so we are left in the same place financially along with the roof material matching the report.   Our next step would be to have the test results come back, and send those tests results if they come back as positive with the invoice and three quotes for removal of asbestos to yourselves to decide if you want to cover those costs or if you wish to continue with legal proceedings and as mentioned before if we have to issue legal proceedings we will be asking for all costs to be covered and a complaint to the RICS and Ombudsman will also be issued.   Unfortunately at this point we are rejecting your £500 settlement but if you decided you wanted to settle it without facing any potential legal action or complaint we would settle for the sum of £2000 and that will be the matter resolved, we believe this to be a fair amount as the testing has now cost us £150 and the mid range quote has come in at £1900.   Regards   Robert Atkins   ******************************************************************************************************************************************************************   Dear PIXeL_92 I refer to your email sent on 7th September. I am disappointed and dismayed that you have decided to not accept our very reasonable offer. We have now notified our legal team in preparation should you decide to proceed along the legal route. You have told us you are receiving legal advice, therefore I am sure that your solicitor will have explained to you that in matters of alleged negligence, if the court finds in your favour, they can only make an award on the basis of diminution of value and not the cost of repairs.   Therefore to quantify the diminution in value you would need to obtain a report from another surveying firm that identifies the value of your property three years ago with a slate roof to the outbuilding and the value of the property three years ago with an asbestos roof to the outbuilding. To do this effectively, the surveyor would have to identify comparable properties in the area with and without such roofs to be able to justify his findings. This would be no easy task.   To further complicate matters, the guidelines set out for the court are that they only award losses based upon diminution of value that exceed 5% of the property value, which is considered a reasonable margin of error for surveyor to work within. In this instance therefore, you would be required to identify a loss in excess of £6,000. This figure does not include your legal costs. Because this is a claim for alleged negligence and not for a debt, it is not a matter that can be dealt with by the Small Claims Court, it would have to be heard by a higher court. This would mean we would then be able to claim the costs of our barrister, solicitor and any experts for however many days the hearing lasts, plus you would have your own costs, if you were unable to prove your claim. Once you submit a claim, you are unable to then back out without incurring costs. I hope you find this advice helpful and I am sure that if you present this letter to your solicitor, he will be able to verify whether the above information is correct. We will await your response on how you intend to proceed. Yours sincerely, Colin Walker MRICS
    • Sorry for the text heavy post, we are getting nowhere with them, I need some help deciding our next steps, I have a couple more emails as PDFs that I need to attach below.   Dear PIXel_92, We confirmed in our previous email that our offer would be made available until Friday 14 August 2020. This offer was presented as a gesture of goodwill based on the information you have provided in support of your claim. Thus far, we have not had sight of a Specialist Report confirming the presence of Asbestos or quotations for the required works. Since you have not furnished us with any additional information we are unable to provide any further comments on the matter at this time. If you’re able to provide the requested information we will be happy to review the matter and discuss it further with you. Kind regards, Customer Relations ************************************************************************************************************************************************************************************************************** Dear Walker Dunn,   I have on two occasions offered to have it tested further than a visual inspection but if it comes back as asbestos you cover the costs, you asked me for the costs involved in getting it tested and you neither agreed to nor declined to cover that cost if it came back as asbestos, again I am happy to have it tested but if it comes back as asbestos to have those costs covered.   I have sent communication from a roofer on headed paper confirming they belive it to be asbestos but they aren't registered to remove it.   I am happy to get three formal quotes written on paper and provide them, I have spoken to a roofer that deals in asbestos that was here to do another job at the time and he said just going off rough size it would be approximately £2000 to remove the roof and dispose of the asbestos. I will get some quotes over the next week and get back to you with them.   Regards ************************************************************************************************************************************************************************************************************** Dear Walker Dunn,   Could I please get confirmation regarding if you are going to cover the cost of testing if it does come back as positive before I go ahead with it.   I now have 3 quotes for removal of the asbestos too.   My solicitors has also forwarded me this to read through, https://www.rics.org/uk/upholding-professional-standards/regulation/how-we-regulate/disciplinary-process/panel-hearings/disciplinary-panel-hearings/walker-dunn-limited-and-colin-walker/.   This will be our next step going to the RICS / property ombudsman as we seem to be getting nowhere and it has been going on for some time due to you not answering the above question.   If you don't answer it we can get it tested and look at legal action to recover the money at a later date if that's how you want to do it.   Regards **************************************************************************************************************************************************************************************************************  
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Help Me With Hsbc


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I could do with some help and guidance. Have not posted on site before. Have recieved allocation questionaire and am unsure how to proceed.

1. Should I complete and send with the fee.

2. Contact DG to let them know once I send will then charge additional £100.

3. Wait until I hear from the courts that DG have been back in touch.

Please help me I am very confused as different people seem to do it differently.

thanks

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here's my stock answer for the aq - check the deadline and don't miss it..

Originally Posted by lateralus

Example Step-By-Step Instructions

 

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

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Thank you for advice both have now completed AQ but have so far had no contact with DG so will send a copy of my charges schedule should I also inform them that I will now be adding a further £100 to total claim due to fee payable for AG?

Thanks

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I have now sent letter with schedule to DG, have also clarified amount of claim including additional £100 and the 8% intrested per day from issue to settlement. What do I Know? Wait for response or contact the courts when the allocation questionaire date has been reached to see if DG have submitted thiers?

Mel

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  • 3 months later...

long time since last post am now in reciept of a court date for the 11th October and have to send to both defendent and court all docs needed for trial by 6th sept. What docs will I require? How many people have had to go through with trial to date? As I didnt print any copies of the bank statements at the original time of claiming my charges I will now only be able to get copies back to Aug 2001 but am claiming from 15/3/01 will this cause a problem? thank any other advise would be great.

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sorry just another question should I write to DG as in my case they have been given an extra 14days for their bundle, I have never recieved any correspondence from them.

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ok mel oyu need to go to this link.........http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

 

I ave nto done a full one , just a mini version but lattie, freaky, and Pete and Jo to name a few have all done them. so if oyu need more help they will be about to answer you am sure........

rockin all over the world

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You can try but I don't think they will answer you. Just remember that if you do send a nudge to DG asking them to settle to include it in your bundle.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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  • 2 weeks later...

Am now getting organised with court bundle as deadline is 6th September, DG have until the 20th September and court date is set for 11th October. Have been reading through threads about stays and the possibility that DG will wait till court date and then request a stay. Do I just continue with filling my court bundle and see what developes?

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absolutely - even if you get word from them that they are requesting a stay (you send them one back saying you are requesting a 14" with pepperoni and pineapple!) just carry on as normal with that trusty letter to get a stay lifted at your fingertips. get back if you've any probs with the bundle.

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Thanks, Think I am all prepared with court bundle have included statement of evidence, all correspondance claimant and defendant. SHOULD I INCLLUDE ALL COURT CORRESPONDANCE? charge schedule and relevent bank statements ALTHOUGH DUE TO THE FACT I STARTED CLAIM IN FEB AND CAN NOT GET COPIES OF STATEMENTS FROM FEB 01 TO AUG 01 WILL THIS BE A PROBLEM? Relevent caselaw, early day motion, Dunlop v New Garage, UTCCR, UCTA, SOGA, T&Cs, OFT Statement and BBC Commission. DO I NEED TO INCLUDE ANYTHING ELSE OR WILL THIS BE SUFFICIENT? Thanks again hopefully all over soon.

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don't think you need to include court correspondence.

don't worry about it - they are listed on your schedule and my thinking is because they have taken so long - it would be more for them to disprove than for you to prove - you've asked back and listed them in good faith.

just a list of settled claims -

Litigation Section - View and print out litigation spreadsheets here

i'd just use the hsbc ones - and i'm told if you put it on a larger font it will print better - maybe a sub-section of claims which have been settled since the oft announcement - there is a list on discussion thread - Judgment granted then DG tries it on....(1 Viewing) (multipage.gif1 2 3 4)

page 3 (this proves that even though they say they aren't settling claims since then - they are).

 

then just put it together - 3 copies - bound on the left, title page and index - all pages numbered (probably by hand).

check the link for the court bundle thread in my signature just to make sure it's all there.

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thanks for advice have now printed off successful claims, have taken a note of all the claim numbers of cases settled after the OFT announcement but are there any further info on each claim ie date of settlement, and sum claimed? This will just neaten my spreadsheets to have same content thanks.

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Am I right in the understanding that going back to original bank correspondance, if it states without predjudice on the half price offer it should not be placed in bundle?

How is the recommended way to secure bundle?

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Hi Mel, yes anything with "Without predjudice" can't be used in court! You can use whatever you have to hand to bind your bundles. I used a hole punch and a lever arch file. One person phoned the court and was told to use a piece of string!

As long as it keeps it all together!:D

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Have sent of court bundles this morning spcial delivery to arrive am tomorrow, whilst checking through my dirrections to check I hadn't missed anything noticed at the bottom it says

 

"6) SETTING ASIDE ETC ORDER OF COURT'S OWN MOTION

Any party affected by this order may apply to the court to have it set aside, varied, or stayed. Such application must be made in accordance with CPR Part 23 within 7 days of service of this order.

DATE: 13th August 2007"

 

Is this standard on all directions or does it mean that DG will not be able to now ask for a stay?

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Not sure on that but if it is standard then I wonder why the courts are allowing them to ask for stays on the day of the hearing?

Vert interesting! I will look into that a bit more closely!

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Welcome to the Consumer Forums

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You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

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Make a donation

 

ARE YOU A VICTIM OF COWBOY BUILDERS?

 

Has your RBS account been transferred to Santander?

 

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Have this morning recieved the letter from DG letting me know that they are applying for a stay. Letter was dated yesterday am going to ring warwick court up when it opens concerning the dirrections previously given concerning application for stays within 7 days any advise would be good. Thanks

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Well according to my maths they should have applied before the 20th of august. So yes ring the court and point this out to them. I would also have this information ready to inclue in your objection to the stay once you have official confirmation from the court.

If you don't hear from the court prior to the hearing then be prepaired for dg turning up on the day to apply for a stay.

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Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

New advice guide explains credit card rights

 

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Make a donation

 

ARE YOU A VICTIM OF COWBOY BUILDERS?

 

Has your RBS account been transferred to Santander?

 

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