Provision of Services under Consumer Act 2015

[Anna1972]

Hi All,

Summary: signed a contract for delivery of services with company with very specific terms (didn't read them - lesson learned)
where everything is my fault and I'm liable for everything.

On each day the company was on premises, they caused damage to my property and neighbours' one.

Then, they didn't turn to finish the service due to money dispute.

I asked them to break a contract and offered reasonable settlement of 60% , they demanded - 75%.

Then it transpired that they used a product not in accordance the manufacturer's data sheet and thus the product will not be able to withstand normal use, without extensive alteration or a full replacement for another product according to manufacturer.

Company does not accept it and claim I have created false claims and now started small claim in reply to my final letter before court.

I now have to write a defence - I only have a claim via online gov service, but I do not have access to see the supporting evidence - eg they provide their workers statement as an expert witness statement .

Help?

[MIKE770]

more details as to what the content above is all about?

[2222]

Hi Anna, unless these services you refer to were very personal in nature, why not just say what this is all about?

Have you filed the Acknowledgement of Service form?

[Anna1972]

Hi, nothing that personal
basically I hired the builders to install new flooring in my flat.
No, I didn't fill the Acknowledgement of Service form.
I am now in the process of contacting the manufacturer to write a report for me.

The claim was filled using online service, I can either respond within 14 days or ask for the extension.

They say nothing about AS firm

Thanks

[Amethyst]

File the Acknowledgment of Service ( you can do it online ) - it simply extends the time for your defence to 28 days from service rather than 14, so just do that as intend to defend in full.

Is the claim on the new system ? ( in which case it's just "Yes I need an extra 14 days".)
moneyclaim new.png

Could you type out the particulars of claim please.

but I do not have access to see the supporting evidence - eg they provide their workers statement as an expert witness statement .

You can ask for copies of those with a CPR letter -

CPR 31.14 Request

[Anna1972]

Thank you, I take it I need to send a recorded letter via post rather than email?

Should I ask for all paperwork or only the evidence I miss it their workers report.

Thanks

[Amethyst]

I'd ask for everything that they list in the 'Evidence' section of the claim.

And yes, in writing by recorded post is best.

[Anna1972]

Particulars:

Works were carried out as invoiced, customer refused to pay the full progress payment to reflect the works completed as agreed in her terms and conditions, the customer also refused access to the team with less than 24 hours notice costing the company the teams time and their wage for the day wasted. The customer also consulted and used third party contractors on project without consent therefore breaching further terms and conditions and making the customer liable to pay the full invoice amount immediately as stated in the terms in conditions.


Emails proving no legitimate issues with the project, emails also showing Anna's attempt to fabricate false claims.

Their version, my version is ever slightly different.

[Anna1972]

I don't know whether to laugh or cry, this is company's reply Re - cpr letter:

Following from your letter please see my answers below.

The legal materials you have referenced are not relevant in this matter. We are not required by any legislation or law in the United Kingdom to disclose any evidence of this case until it is ordered by a Court appointed Judge, by the time this has been granted you would have potentially run up costs past the amount owed to us by yourself, not to mention the rapidly increasing interest that is added daily until judgement is made.

In conclusion we legally decline your request until it is ordered by a County Court.

[Anna1972]

Am I write to think this is the way to response ?:
Re: CPR Request Denied





1: I received the claim REDACTED from the Online Civil Money Claims/Northampton County Court on 29/11/2018


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


3: This claim appears to be for a provision of services regulated under the Consumer Rights Act 2015.


4: The Claimant’s statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


5: On the 4th of December 2018, I sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to claimant's contact person, . I requested the Claimant provide copies of Contracts and agreements, letters, emails and other correspondence, expert witness and statement of account.

6: The Claimant replied, on 5th of December 2018, refusing to send either of these documents to me.


7: Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


12: I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


13: In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


14: It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth

Did I write the request for CPR 31.14 correctly ie I requested the Claimant provide copies of Contracts and agreements, letters, emails and other correspondence, expert witness and statement of account.

[Amethyst]

I don't know whether to laugh or cry, this is company's reply Re - cpr letter:

Following from your letter please see my answers below.

The legal materials you have referenced are not relevant in this matter. We are not required by any legislation or law in the United Kingdom to disclose any evidence of this case until it is ordered by a Court appointed Judge, by the time this has been granted you would have potentially run up costs past the amount owed to us by yourself, not to mention the rapidly increasing interest that is added daily until judgement is made.

In conclusion we legally decline your request until it is ordered by a County Court.

Okayyyyyy. Good to know what you're dealing with.

[Amethyst]

Did I write the request for CPR 31.14 correctly ie I requested the Claimant provide copies of Contracts and agreements, letters, emails and other correspondence, expert witness and statement of account.

Was everything you asked for mentioned in their statement of claim and the evidence box on the claim form ?

How much is the claim for ?

You defence needs to be in response to their claim so no don't use the example in this case.

Works were carried out as invoiced, customer refused to pay the full progress payment to reflect the works completed as agreed in her terms and conditions, the customer also refused access to the team with less than 24 hours notice costing the company the teams time and their wage for the day wasted. The customer also consulted and used third party contractors on project without consent therefore breaching further terms and conditions and making the customer liable to pay the full invoice amount immediately as stated in the terms in conditions.


Emails proving no legitimate issues with the project, emails also showing Anna's attempt to fabricate false claims.

So the invoice - do you have a copy ?

What was invoices and what work was undertaken ?

Do you have the terms and conditions ?

What led to you stopping the team attending to complete the job ?

When did you engage another company to finish the work ?

Had you made complaints before that point ?

Do you have the manufacturers fitting instructions ?

What was done differently to those and thus caused the issue ?

Was the flooring supplied by the claimant or were they fitted supplied flooring ?

Youd sent them a letter of claim for a refund of monies already paid before they'd issued a claim ?

Summary: signed a contract for delivery of services with company with very specific terms (didn't read them - lesson learned)
where everything is my fault and I'm liable for everything.

it would be useful to see that contract.

[Anna1972]

Hi,

Claim is for £4k.
Yes, I have invoices and emails , I only do not have the statement from their workers which they marked as expert witness account.
I resent the cpr request asking for emails as mentioned in the evidence.

Yes, I have terms and conditions. Can I send the terms to you personally?

invoices - original invoice and receipts of payments and yes I have them.

Work was generally undertaken as per invoice, they caused damage to pipes on both occasions that they attended. 1st damage was so bad neighbours ceiling nearly collapsed. They also didn't know what they were doing and it took for 1 hours approximately to stop the leak.

After 2nd damage we agreed on the phone that I would bring the payment up to 50% which I did. I followed up by email outlining our conversation. I also said that we will be getting builders to quote for additional building work.

next day I received an email from them where the manager said that I agreed on the phone to pay 75% which totally contradicted the email I sent.
I did ignore that email, to my peril.

No further communication for 2 days.

Then the day before the workers were due, they called me and said that they won't turn up until I pay 25% extra. I said not as agreed and was told I'm a lier basically.


I asked for an email confirming my agreement, none was forthcoming.

The next day the workers didn't arrive. So I asked for the termination due to the lost confidence.

the builders who came to quote for other building work were bewildered by the choice of materials and advised to contact manufacturer.
which we did and manufacturers confirmed that the material cannot be used as it would not withstand normal wear and tear.

Basically it either needs to be completely replaced with another material or covered with chipboard or a similar material to be able to withstand normal wear and tear.

the original builders allege that I falsified emails from manufacturers and basically continue to maintain as per above claim.

I issued a final letter before court action under CR act 2015 and asked for 100% refund and expenses incurred plus stress and inconvenience
And they issued a claim as a response to my letter.

Then we got different builder's to put the flooring in the hall as what they left us was a temp flooring and it started breaking down within 2 days.


Flooring was supplied by the claimant but for chipboard for the replacement of original broken which I bought as per their specification and which was supposed to be take off the bill as agreed via the phone but now they make a claim for the original invoice amount.


Thank you

[Anna1972]

So, 2nd cpr, asking for specific documents outlined in the evidence box, went unacknowledged completely .

So, I've updated defence:
1: I received the claim REDACTED from the Online Civil Money Claims/Northampton County Court on 29/11/2018


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


3: This claim appears to be for a provision of services regulated under the Consumer Rights Act 2015.


4: The Claimant’s statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


5: On the 4th of December 2018, I sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to claimant's contact person, . I requested the Claimant provide copies of Contracts and agreements, letters, emails and other correspondence, expert witness and statement of account.

6: The Claimant replied, on 5th of December 2018, refusing to send either of these documents to me. 2nd request was sent on ...., it was unacknowledged by the claimant.


7: Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


8: The Claimant has carried out works without reasonable care and skill, causing damage ( a broken pipe on each visit, 2 in total) and providing flooring solution unable to withstand normal wear and tear, installed not in accordance with manufacturer's product / data sheet.

9: No access was denied to the claimant's team. The Claimant did not send the team to defendant's site.

10: The Claimant was made aware 3rd party contractors were invited to quote for another project. They have raised concern about service provided by the Claimant.

11: Manufacturer's advice was sought, confirming that the product was installed incorrectly, thus leading to the counterclaim.

12: I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


13: In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


14: It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth