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    • Particulars of 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 £3000. (See receipt at Exhbibit-1).   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 the Claimant challenged 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 (Exhbibit-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 (Exhibit -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 ( Exhibit 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  Exhibit-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 £16,577.12 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 is  £3,000 – Exhibit 1 (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above, £16,577.12 – Exhibit 5 (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above;  £8577,12 – Exhibit 6 (d)  the cost of the steel beam referred to in para 14 above put down as estimated.  TBA 4 and 5   19. In addition to the amount in paragraph 18 above, the defendant/Part 20 counterclaimant also claims 8% interest under the County Courts Act 1984 from the 26 October 2020 which was the last day of his employee left the property"        STATEMENT OF TRUTH   I believe that the facts stated in this particulars of counterclaim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’.         Signed:                                          (  
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Dca Registered Outside Uk


bally35
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Does a DCA registered in Republic of Ireland or other EU country have any authority in UK.

 

My colleague has been cuaght out by those lovely people in Creation over a £12.99 delivery charge.Despite numerous phone calls at the time they were unable to provide a final figure for her to settle the outstandingt amount.

She has had a letter from a DCA registered in ROI for some £784.82 (made up of penalty fees and interest).

 

Any help appreciated, as am out of my depth with this one.

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er, Bally,

 

are you saying that a £12.99 charge has resulted in a 'debt' of £784.82??:o :o :o

Must be some sort of record!

 

Sorry, can't answer the original question - anyone? :confused:

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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That's a bit of a shocker :eek:

 

I can't think of any reason why an OC could not 'sell' or pass your debt to a company registered outside the UK unless there is a Data Protection issue stipulated in your contract. Sometimes you agree to your details being processed by companies based outside the EU (i.e India, USA).

 

The original agreement will still be governed by English (UK) Law or whatever you agreed to, and it will cost them a lot more than 12.99 to take you to court in UK.

 

I'm a bit confused over the 784.82. :confused:

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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have just got ins and outs of this.

Apparently it was open and direct interest free credit for a year, but discount applied if you paid item off in first year.

C paid what she assumed to be full item .After year was up she received a letter saying she now had to pay full price as she had not paid the £12.99 delivery charge (which she was not aware that she had to pay to finance company and had never been invoiced for).

 

I know nothing about these kind of things (as my house has **** second hand furniture or "antiques" as my husband has told me)

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the company you ordered the goods from, are they in UK or ROI?

 

In my book, if no-one asks you to pay, you DON'T PAY!

 

NO INVOICE = NO PAYMENT.

 

all the relevant figures should be on the credit agreement. If you take out a deal without a 'delivery' charge itemised on it, they can't just stick it in a year later!

 

:D

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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