New Member Advice

[LuggerBugs]

Re: New Member Advice

I think Cet will back me on this one. They have had sufficient warning, so it is now time to claim. No more time wasting.

Once the realitity kicks in that this is going to court, Gnat Wets will very likely start to be reasonable. If not, they are in deep poo.

[Guest]

Re: New Member Advice

I think Cet will back me on this one. They have had sufficient warning, so it is now time to claim. No more time wasting.

Once the realitity kicks in that this is going to court, Gnat Wets will very likely start to be reasonable. If not, they are in deep poo.

Absolutely. Issue a claim immediately. You have prima facie evidence of both breach of contract and misrepresentation and there is no need to delay any further. In English law, you have a right to reject goods which are not of satisfactory quality. As in post #14 you do not have to act reasonably in choosing rejection rather than damages or cure and you may reject for whatever reason you choose.

Pursuant to section 75(1) of the Consumer Credit Act 1974 NatWest can be held jointly and severally liable with the seller for any loss and damage due to the breach of contract or misrepresentation. Therefore, you may issue a claim against both the seller and NatWest if you choose, although as I have stated, you will only be compensated once. Since you are more likely to be paid promptly by NatWest, I would suggest that you file a claim against them and further I would suggest that you do not engage in any more correspondence with them.

If you would like some help with drafting your particulars of claim then feel free to post here what you have written and we can advise further.

[John3421]

Re: New Member Advice

Well gave Natwest one more chance and gave them two weeks to get it sorted before issuing a claim, but have heard nothing. Also spoke to financial ombudsman service who have sent me a form out to fill in. Am I best going down the court action line or letting the ombudsman sort it? If I take the court action is it a matter of filling in some details on line to get the ball rolling?
Thanks John.

[Guest]

Re: New Member Advice

51 days ago I advised you to issue a claim against your card issuer, which is a statutory right provided for just the situation you find yourself in. Why do you keep thinking that NatWest, or anyone else for that matter, is going to fix this for you?

Visit Welcome - HMCS Money Claim Online and complete your claim against NatWest pursuant to section 75(1) of the Consumer Credit Act 1974.

If you need help drafting your particulars of claim, ask.

[John3421]

Re: New Member Advice

I take on board what you are saying Cetelco and now realize I should have done this sooner. Just thought they would eventually play ball. This is not the case and will be doing as you say this evening. Will let you know if I need any help. Thanks John.

[Guest]

Re: New Member Advice

Card providers are increasingly trying to get out of having to pay these claims and one of the main ways they do this is by frustrating the consumer into giving up.

Take a look here Beware bogus excuses from card companies trying to avoid insurance payouts

Your particulars of claim will be quite straightforward, but feel free to post them here first should you have any questions.

[John3421]

Re: New Member Advice

Have started my claim but could do with some advice on the amount to claim for. Do I claim for the deposit I paid which was £2011.62 or the full amount of £4023.25 as has been stated in previous posts. Or for the deposit and some extra for the inconvenience and costs I have incurred.
Thanks John.

[Guest]

Re: New Member Advice

You claim for the full sum, not just the deposit. That is to say, the full invoice value that you would have paid, regardless of the fact that you have only paid the deposit. Re-read post #6 and enter a claim for all losses and costs, including consequential loss, distress and inconvenience. In addition, thanks to NatWest's unwarranted prevarication they will now pay your court costs and any interest on the sum you claim. Realistic sums for distress and inconvenience are limited to a few hundred pounds, but make sure you add them to your claim.

The point is that you do not have the goods that you contracted to purchase and thanks to s.75 of the Consumer Credit Act 1974 your card issuer is jointly and severally liable for any loss along with the original supplier of those goods. Your loss is not simply the deposit that you have paid, it is the loss of the value to you of the contract that you entered into. Ergo, the full value of the contract, not merely the sum that you have handed over, plus all additional costs associated with that loss.

You now have a Cost of Cure and this principle arises from the nature of contracts. Your contract with the original supplier involved the making of a bargain and created an expectation on each side which was intended to be fulfilled by performance of the contractual obligations. Since the supplier did not complete the work, then the measure of damages will be the cost of completing the work in a reasonable manner less the contract price (Mertens v Home Freeholds Co (1921)). Your loss, due to their breach of contract, is loss of bargain and which measure of damages is intended to place the injured party in the same situation, as far as money can do it, as if the contract had been performed (Robinson v Harman (1848)).

[John3421]

Re: New Member Advice

Well came home tonight and there was a letter from Nat west. See below

"Thank you for your letter regarding your dispute. I apologize for the delay in my response. Your claim is currently under review with my manager. I will be in contact as soon as possible to advise you of the banks position."

Thanks for the info on the amount to claim Cetelco. If I put the claim in to the court and then Nat west decide to settle where do I stand then? Do i refuse the settlement and carry on with the court action?

Have filled in the court forms just need to add those amounts.

Thanks John

[Guest]

Re: New Member Advice

The bank's position is that they are liable, under section 75(1) of the Consumer Credit Act 1974 for the full sum that you would have paid for a gas fire installation carried out to your complete satisfaction. This is not common law, this is statute and no terms and conditions nor managers review can overrule an Act of Parliament.

NatWest are stringing you along.

Again.

Write this.

Dear (name)

Thank you for your letter of (date). However, your proposal is unacceptable. Unless I receive from you, by return, full payment of all sums due to me pursuant to your statutory obligation to me under section 75(1) of the Consumer Credit Act 1974 I shall enter a court claim for an unspecified sum in excess of £5000 under the above Act.

Should it be necessary to issue proceedings then my claim will include further sums for distress and inconvenience, court costs and interest. It is also my intention, given your continued recalcitrance over this issue, to make a complaint regarding your conduct to the Financial Ombudsman Service.

I look forward to your prompt reply and confirmation of payment.

Yours sincerely

If NatWest settle then you can withdraw your claim. If you post the above letter tomorrow, you can issue your claim next week. Since you have waited this long, a few more days is not going to matter and in civil law, one must always be reasonable.

[John3421]

Re: New Member Advice

Have just received letter from Nat West see below.

"Having reviewed the evidence that you have forwarded to us, we are satisfied that you appear to have a claim. I am therefore now in a position to offer you £988.37. This is £3000 less the 2011.63 balance you have not paid for the fire.
This offer is made in full and final settlement of any claim you may have against the Bank or any of its subsidiary companies arising out of this matter. It is also made on a without prejudice basis and is not to be referred to in any legal proceedings that may follow.
Should this offer be acceptable to you, please sign below."

Well contacted them by phone and said I would like a full refund of all deposit paid under Section 75. I was told that this is how they have applied the refund and that is all I was entitled to.

The £3000 is the cost that an independent company priced to correct the fire. Not sure where I stand if I do accept as I have no guarantee from manufacturers for the fire.

What I really want is for another company to come and fully refit with their own fire and for this one to be removed. Is this asking too much? Am I better just taking the offer? If I do, I have put up with all this hassle only to pay the same price, take 6 months to fit and have to take another 3 days off work to have the job done.

[Guest]

Re: New Member Advice

Do you suffer from liticaphobia?

I have advised you countless times, going back to my very first post on this thread almost three months ago, as to precisely what it is you must do. On 21st July, post #6 I directed you to stop listening to their call centre agents, yet here you go again.

The post preceding yours above deals with what you must do next, as does my earlier post, #23. You do not need any more advice, you now need to act.

Issue a claim for £5000 against NatWest, being the total invoice value of the fire £4023.25, plus costs, interest and compensation for distress and inconvenience.

Compose your particulars of claim and post them here if you would like further advice.

[John3421]

Re: New Member Advice

I am sorry for my delay in acting Cetelco, and can see why you feel annoyed at my actions. This is something new to me and my main worry with taking this to court is that the ruling will go against me. It is difficult for someone who does not have any experience in this area to be confident with the whole procedure. If in your opinion this will not be the case as you suggest, then I will pursue this in court.

[Celestine]

Re: New Member Advice

Your claim would fall under the protection of the Small Claims Court and you would not be liable for the other sides costs in the unlikely event of you losing the case.
The most you could lose is your court fee.

[John3421]

Re: New Member Advice

I would also not recover any of the money owed if I lose and will have to wait another month or two to get it sorted. Is it possible to take the offer from credit card co and then take trader to court for all the inconvenience and my loss of earnings due to the job taking twice as long?