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    • Hi, this is my first time posting here, I hope Im posting at the right place. This is a long story... prepare for a long read! I hired a local painter & decorator (lets call him Painter R, R stands for rogue lol) back in late July to do the work in my house. The work includes painting of the ceiling and walls in the house, and also fixing a ceiling of the extension (where the old conservatory is, the previous owner made it into an extension. It was leaking at the extension, the ceiling was therefore taken down before for two months to let it dry up, and I needed someone to put it back). I asked "Painter R" what kind of paint is he going to use, he said he is using Crown paint. I asked him is it good paint, is it durable, resist to mold, resist to acid (I meant to say corrosive, but mind my English), and he said yes. My house is not a very small house, its a 4 bedroom house. The whole job was £4650, and I accepted the quote since I wasn't able to find anyone else at that time. The work began at early August, "Painter R" sent 2 boys to come and work on my house. The work was delayed for a bit, and eventually took two weeks, but everything "seemed" fine (since I am no expert, i didnt really know what to look at, as long as the painting seems ok, ceilings put back, I was "fine" with it. I did point out some small things out and they did fix them/they said they would but sometime they didnt and I had to tell them again), so I paid the full amount with direct debit when the job was almost all done (Painter R called me up to urge me to pay, stating that he will have to pay the guys "tomorrow", since he and his guys were pretty friendly so I did it, what a BIG MISTAKE I did).   There were issues with them, including I asked them to fit some of my blinds back, but they did not put any of them back, and also thrown away the brackets, at first he was trying to make me leave it, stating he doesnt remember me asking him to put any of them back. Luckily, I stated it in the text messages that I wanted some of them back, so he sent someone back to fit some of them. And made a deal with me that he is not charging me for an extra hole that needed to be filled, and a piece of wood that they put back (but was not very well done, another trader who, I found later on, agreed with me), so that they will not come back to fit one set of blinds back (which originally, fitting back all blinds is part of the job), however, I accepted it because the conversation was getting nowhere. Two weeks after the ceiling was put back, there were cracks and bulges appeared, I called them up, they came back to fix it, cracks still exist afterwards, so I called them up again, they came back to "fix" it again. This time, the guy used a lot of fillers, making the ceiling an uneven ceiling to try and cover up a crack, but still, the crack exists, even to this day. Worth mentioning is that, the paint that he mentioned they would use is Crown paint, but the paint that the guy left behind after fixing the ceiling, is just cheap paint that you can buy from B&Q. Now, here comes the real problem. Around 30th Sep I had cleaners to clean the house for me since my carpets are being fitting on 6th Oct, it was found that the paint can be washed off, just by gently rubbing it with water using fingers, and the paint could be seen dissolves on fingers! I called "Painter R" up, and was told that he was not in the country. "Painter R" finally called me back on 5th Oct, he said he never stated what kind of paint he would be using, and he said this is what he meant about wipe-able and non wipe-able paint, (in which I dont really remember he told me anything about it, but even if my memory is messing with me, that he really did talk to me about this and even, lets say, recorded it, since I am no expert/professionals at painting, I would think "wipe-able" meaning "the paint can be wiped with a damped cloth without any problem", and "non wipe-able" meaning  "the paint will not be wiped off by a damped cloth", who would expect the paint to be washed off just by water?!?!) He said things like, he has painted a hundred houses like that, its a standard paint to be used in all new builds in England, etc. He was very rude on the phone, stating he "even used a wipe-able paint for me in the kitchen and dining room and bathrooms already", but I found that the paint at the two small rooms (one bathroom, one toilet), can also be washed off easily. So he said he will send someone to paint those two rooms with the right paint that Saturday (9th Oct), nothing more. He said there is no way he is going to repaint the whole house for me. So I said to him "my carpet is being fitted on 6th, what if any paint dripped on them?". He said "Im not going to do anything after the carpet is fitted, or you will find the slightest thing on the carpet and charge me for it." The conversation went on, eventually he said, "Im not going to do anything after the carpet is fitted, you had your chance, good bye." and he hung me up! I called him back straightly, and he said, "So what do you want?" I stated I still needed those 2 rooms fixed, so he said he will send someone to paint those two rooms with the right paint that Saturday, and he wont guarantee anything about making my floor dirty. I accepted it. Then I called up citizensadvice, and asked them what to do, then followed some of their advice. I quickly found a trusted trader from a website recommended by citizensadvice, and talked to the trusted trader (Lets call him "Trusted trader A"). He was a kind gentleman who listened to my problem, and he quickly identified that the paint they used, was very likely cheap contract matt, which is not suitable for a redecoration job like in my house. He told me to use a silky, soft cloth damped with water, to wipe the walls left to right for around 10 times and see what happens, so I did, with a car washing cloth damped with just cold water, and the paint was being washed off everywhere (apart from Kitchen, Dining room, utility room and the main bathroom)! I told "Painter R", "I am already seeing the old blue paint on the bathroom wall just after 10 seconds of gently wiping with a damped cloth", he told me to "stop wiping the wall, now you are damaging it" I told "Painter R", "you did not apply primers before using that paint on top of it". He answered: "There's no such thing as primers for walls! You do not know what you are talking about I'm afraid"   On 6th Weds, "Painter R" said he has given the paint to his painter for Saturday morning (9th Oct) and the painter will be there at 9am. I asked "Painter R" what kind of paint he is using this time, he mentioned the name of a paint which "trusted trader A" said should erase the problem. I asked "Painter R" how many coats is he applying, he said only 1, I asked why not 2? (because 2 costs is always recommended) Guess how he answered me? He said "If I get anymore messages no one is coming on Saturday". So I stopped texting him as advised by "Trusted trader A". I also sent a formal complaint letter on 7th Oct to "Painter R" through email, stating Consumer Rights Act 2015 in the letter and mentioned that he can continue to perform the fixings that he is going to do that Saturday, also stated about what other things I wanted, asking him to reply me in 14 days. He never replied, and no one ever came on Saturday 9th Oct. I texted both "Painter R" and the worker who "Painter R" said would be coming, none of them ever replied. I havent been in touch with them since. I paid "Trusted trader A" to come and have a look at the house on the following Sunday morning 10th Oct, and he wrote me a report and gave me a quote (since I needed quote from at least 3 traders.) "Trusted trader A" pointed out 3 things in the report: 1: The walls prior to painting could have been a sheen finish and may have required a primer to stop the penetration occurring now, there are plenty of primers on the market  2: Preparation could be an issue, if the walls had been abraded off using grade 120 sandpaper to key the surface down prior to application of paints and a Vinyl or Durable Matt used  3: The product used looks and feels like a contract Matt product, which would normally be used on new plaster finish and would not be recommended for a redecoration product. Trusted trader A" Also stated that the quality of the work in some areas was not very good. I also found another trusted trader from another trusted website (Lets call him "Trusted trader B") "Trusted trader B" pointed out a lot of things that were not done right by "Painter R". He said similar things as "Trusted trader A", stating that the work was done poorly, preparation was not done properly. He stated that, some people would ask for contract matt to be used because its very cheap. However, for a 4650 job, it really shouldnt be contract matt unless you specified you wanted contract matt (which I obviously didnt). And the ceilings that was put back by "Painter R", was not done right, no metal corners were used, and hence why the corners dont look straight. I also found that all the ceilings in the house is painted with contract matt, and can be wiped off easily using a damped soft cloth. Im getting 2 quotes for the paintings of walls and ceilings from the two trusted trader. (as I was told to get quotes from 3 traders.) but for now, I am only able to get 1 quote for the fixing of the ceiling from "Trusted trader B". Following the advice from citizensadvice, I should be writing a letter with more serious manner 14 days after I sent the first. With the average of 3 quotes attached which I am still yet to be able to find. If the trader still do not reply me 10 days after that, Ill have to go for the small claim court.     After the long read... I would like to know, what else should I do next? Is it likely for me to win the small claim case? I really need some help and advises here.
    • Hi Guys, I have made the changes.  Thank you so much for your feedback so far it has really helped.    To whom it may concern.    Thank you for your letter of claim. I can now officially respond and highlight your clients very shady, immoral and borderline unlawful operations.    It has become very apparent that the whole process is set up to pressure me and other motorists into paying trumped-up “invoices” without a second thought. This is definitely not going to happen in this case!     If you had taken the time to do your due diligence, you would have realised that the whole case is fundamentally flawed and an absolute joke from beginning to end.     Your client’s shady operations have been widely publicised in the area and laid out in black and white in the Stoke Sental for all to see, plus a few pictures thrown in for good measure which are safely in my possession.  Does the name Nick Cartlidge ring a bell?   The local MP is now heavily involved, publishing an open letter and taking this matter to the highest level. The whole situation is just a big mess for G24 and continuing this way is just making it worse.    Your client can either drop this laughable case immediately, or I will use the mountain of evidence I have against you and proceed to take the matter further.     Yours sincerely
    • "DPDGroup UK Ltd" has finally replied and defended the case as expected.   I have till 21st November to reply.   The defence seems similar to others where they are claiming to have no liability as I have not contract with them directly but as I have learnt from the forums here that the Contracts (Rights of Third Parties) Act 1999 gives me the right to claim directly against a company because I enjoy all the benefits as a 3rd party as I'm the beneficiary from that contract.   Just looking at the next steps on gov website it's asking me to choose the closest court to me which is "Clerkenwell and Shoreditch County Court and Family Court" but having a look at reviews on Google dosent seem like a very good court with bad service etc I dont think that dosent really matters, but just trying to make sure everything's proper before proceeding      
    • post their up to one mass pdf pleASE   dx
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Reply from hsbc


molly1959
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Hi

 

Thanks i have already taken it in i should have left it as it was now looking at my copy i have missed a lot out, but to late took court copy today and took the banks into my local branch they were not very happy told them who it was for they said they would have to ring Jason and check with him that was ok, suprise suprise they couldn't get hold of him, the manager then appears he said he would make sure he got it, i got a signed and dated receipt for it. Will just wait and see what happens.:)

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fingers and toes, and everything else that I can cross, is being crossed for you. I am sure that what you have submitted will be fine.

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Molly! I got in far to late to reply to tour PM.

It's done now and anything missing will have to stay missing until the court case.

Infact anything you have left out get it prited out and send to the court and dg and send a cover letter asking for them to be included with your bundle. The court should be ok as long as you get a move on. After all the banks get away with not sending anything in on time.

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Hi

 

I think i got the cag bundle wrong i looked at it again and i only sent them these

 

The Dunlop

Utccr

ucta

soga

 

I just sent the parts relating to this

 

I sent terms and con the oft summary, didn't do the bbc conclusion.

Will that be ok do you think or should i print the full cag bundle out

I have put all other bits in statements, charges, etc. And you thought you had escaped me:)

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Have a read through your statement of evidence. Anything you have refered to in it, I think you need to print off. eg if you mentioned the BBC thing, then print it off. As FL says you can always send the extra bits in with an accompanying letter requesting it to be added to your bundle.

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How are you doing Molly? You have gone quiet on us!

 

I hope all is well!

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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

 

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Hi

 

Got a court date for tomorrow, never got round to amending my bundle had hospital appoint and i have had another stroke, that explains why i was struggling so much, but never mind things got worse my youngest daughter 22 has been diagnosed with cevical cancer can't get my head round it yet was such a massive schock. Not sure if i am going to go to court tomorrow will just see how we feel. Thanks every one for all your help

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OMG Molly how unbelievably awful. My thoughts and prayers are with you both.

 

Jo

 

xx

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Hi

Thanks for your best wishes feels a bit like the bottom has fallen out of my world , i think you can cope with anything thats thrown at you but when its your kids its so different, she is starting treatment on 12th dec so just got everything crossed.:(

 

We went to court today, sat for ages guessing who was hsbc solic and we guessed right was little jumped up one, any way got called judge apologised as we had slipped through the net and should of had a letter from them saying it was stayed apologised to hsbc man but did say in a polite way ''you will be paid very well for turning'' did make me smile. Any way case stayed till 31st March told me to listen to news etc how test case goes i then have till end of june to put my case forward. I was a bit unsure what he ment but said ok then as we went out hsbc said are you ok with that you did look a bit puzzled, he then told me i just write to the court before end of june that i still want to proceed with my claim i don't need to send any more doc or anything so basically that was it. There were 3 Abby cases and 1 Barclays there banks solic all introduced there self to there claims people, only hsbc that didn't say who he was till went in with judge all there cases were stayed and one was trying to lift stay but didn't get it lifted. So thats it till march i think.

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  • 5 months later...

Hi

 

Just popped in not been in for ages, my daughter is doing very well with her treatment, so thats great news .:D I returned to work after xmas after my stroke, then ended up having a heart attack only good thing was i work in a hospital so for once was in the right place. Hoping to go back to work in couple of weeks being redeployed as not quite upto my old job, but don't mind that. I have had a letter from hsbc solic saying they are applying to stay the case again, think judge told me to get intouch with court again in june. But think i will just wait and see now i know they are trying to stay case again do you think thats ok.

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Hiya Molly, good to see you back here and good to hear your daughter is on the mend :), as for you, good grief !!! take it easy please :D.

 

I think it will be ok just to let the bank apply for an extension to the stay, none of us got our stays set aside anyway so we are all in the same boat, just sitting and waiting .

 

pete

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Hi Molly. great news about your daughter.:)

Not so great news about you though!:eek: As Pete says, take it easy.:)

While we are all waiting for something to happen in this fiasco, kick back and concentrate on getting better.:):):):):):):)

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Hi, Molly, - I'm with pete and freaky..... you look after yourself, take care.

You've had a time of it - we're all wishing you a good recovery..........and lovely that your daughter is recovering too....:):):):). :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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  • 2 weeks later...

Hi

Thanks for all your kind wishes.:)

 

I am thinking of starting another claim with hsbc, i had an 800 overdraft which has now reached £2.500 i have one dd going out which is life insurance it only £13 i asked them if i could pay this through my daughters account the originaly said no, and kept paying it so i have been paying £35.51 in interest also £25 fees. I then received a letter saying they had reveiwed my overdraft and were happy to let me still have £800:? i don't think anyone must communicate at that bank as you can see i am well over my limit. They are now calling it an arranged o/d fee. So can i claim this back also should i try and claim the interest they are charging me as well.

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Hiya Molly, unfortunately this arrangement fee will happen on an annual basis for all HSBC customers who have a borrowing facility with them. Also it is not reclaimable :(

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  • 2 weeks later...

Hi not sure what to do i keep getting calls from hsbc because i am over my od i have tried to explain i am not in a position to clear this then he got quite rude saying i had used their money but not prepered to pay it back, i explained i was claiming charges back then told their was no guarantee i would get them, and unless i made a proposal to clear this debt i would be getting more phone calls and leters about this not sure what to do now any help please.

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Hi Molly. I have not got much time at the moment but have a read of this for now.

OFT DEBT COLLECTION GUIDANCE

No doubt Pete, Johnny, Jo or even Lat:eek: Will be along with more help before long.:)

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Welcome to the Consumer Forums

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Which guide to the Sale Of Goods Act

 

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Make a donation

 

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Hi molly,welcome back - hope you're OK ......:)

 

First of all we need to get this cretin off your phone - so send them this (recorded delivery) :

Harassment by telephone - response letter

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

[NAME HERE]

 

I'll have a look for some more templates for you, and I'm sure ,as freaky says, pete or jo or pd will be along too........

Edited by johnnymitch
getting rid of font marks

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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What can HSBC be playing at - you went to court- it was stayed till March - they said they'd apply for another stay ........ how can they be asking you for payment on a disputed claim........ A-r-r-r-r-g-gh! LOL!

 

Just a thought, Molly - this is the same account we're talking about, is it?:confused:

 

Just another thought - is it HSBC who are phoning or a Debt Collection Service.?... if it's HSBC get the name of the cretin who phones next time and report him........... if it's Metropolitan Collection Services (HSBCs pet collector) then let them know this account is disputed and should be handed back to HSBC.

Edited by johnnymitch

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi

 

Yes it is the same account he was from hsbc he did say it could be passed to a debt collection and would effect my credit rating or they couldclose the account and demand full repayment and issue a default notice.

 

Since this claim they have been adding charges on each month around a thousand pounds i was going to start another claim they are charging around £35 charges a month also £25 od fees should i claim this interest back i didnt on my first claim. Also our mortgage is with them they can't do anything about that can they we pay that through my daughters account so its all upto date.

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Hiya Molly, seems HSBC are up to their old tricks again :rolleyes: they should not be chasing for the repayment of a debt that is in dispute and as you have a stayed claim your OD is well and truly in dispute. If they do go any further with this they will probably set Metropolitan Collections on you (its about as scary being savaged by a wet haddock ) heres what I said to them and a few other points too

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/125577-metropolitan-collection-services-action.html

 

If you haven't already moved your day to day finances think you should consider opening another bank account and moving to another bank this will leave HSBC holding the debt with no where to go until the outcome of the test case :).

 

Your mortgage is a totally separate loan governed by a totally separate credit agreement so as long as you keep up your payments they can do nothing with this.

 

pete

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