morgan8080
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Everything posted by morgan8080
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My husband is doing a full house renovation after a house fire, the customer he knows and has done previous work. He was asked to sort all this out and project manage the job and other sub contractors. The insurace would only pay out / or let him be the contractor if he was VAT registered the customer said so we quickly did this as we would have been doing it in a few months due to threshold , we have an accountant who is doing all books , VAT etc.They initially said if he wasnt vat registered they would only pay the sum minus vat The VAT number was given to the customer and then the insurance who then said they would pay out the claim minus the VAT and pay that at 3/4 of way through on receipt of photos of work / invoices. The customer is deducting 20% off every invoice we add , materials and labour. Shouldn't the customer be paying the invoiced total and then await the rest of their money 3/4 of the way through. It isn't for the contractor to be at a loss while going through the work / cash flow issues as he still has to be out Is this right?? just unsure at present
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Hi did this and its worked - he said this The 14 day notice period given by HCEO expires on 27 July. The next instalment is due on 31 July. Assuming this is paid (by standing order) by that date we will call off HCEO. Obviously if future payments are made by standing order they cannot be missed. Please note if any future payments are missed, we will reinstruct the HCEO without further notice and if that is necessary any future payments would have to be via HCEO. This would incur further costs for which Dean would be responsible. Finally, as you will be aware from the notice received from HCEO the amount outstanding after deducting your recent payment is £3138.86. I asked if proof could be sent of action called off, is that right? I also made payment now and sent proof from bank .
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my payment are all up to date i dont want to deal with any HCEO , i have adhd and massive anxiety, i won't sleep if there could be a chance of a visit. The HCEO only set up a payment plan if they can come visit and there is charge for that and controlled goods agreement so far i have dealt with the solicitors before they applied for writ
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do you agree with what was said? not sure about the cca - he said it would only be covered if it states it in the credit agreement - which we dont have one - only a letter saying It was set up and we had a letter saying we have opened a credit account for you , your credit limit is £5000 if you find this insufficient please contact me and we can come to an amicable agreement . Then it just has conditions of sale attached to it with details about buying of goods etc i can ask for one but on my covering letter can i still add about the debt is under the CCA i want to suspend action and then fight for the fees added. interest is being added daily now its with HCEO
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also i will get hold of original form - but here on a claim form i have it says in particulars of claim ( amount is with interest and £70 compensation ) they claimed interest under section 69 of county court act at rate of 8% a year from 2019-2020 on £311.60 and interest at same rate up to date of judgement or earlier payment at daily rate of £0.72 plus the £70 plus fees of legal representative and county court fees what address is liverpool district registry - thats all it says..
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Hi yes n245 has all those details but no box / space to write an explanation at all? would i write a covering letter as they obviously believe it is enforceable by HCEO and the court didnt check that the debt was valid to be enforced by HCEO?? so if the court or the solicitors arent aware then how they going to know be made aware if i dont reference it as i dont want it to be rejected and then the HCEO turn up and i am trying to say its not enforceable by them but they won't go and i should have already addressed this - they will just say they are acting on the writ they were given I contacted the solicitors friday as soon as letter came asking for a call back - havent engaged since only had a voicemail. my proof is it is a trade account ..and i found out by accident that a sole trader is covered under CCA ? Protection under the Consumer Credit Act If you operate as a sole trader you are also protected by the Consumer Credit Act, under which you count as an 'individual'. This applies to partnerships and unincorporated associations. The Act extends consumer credit regulation to business lending where the amount of the credit or hire agreement is £25,000 or less. The Act does not apply to: limited companies limited liability partnerships individuals of 'high net worth' (as long as this is agreed in writing beforehand). If you have a credit agreement that is regulated by the Consumer Credit Act 1974, your creditor has to make a claim against you in the County Court. They cannot apply to enforce the county court judgment in the High Court. The High Court is most likely to be used by creditors for claims over £100,000 for debts not regulated by the Consumer Credit Act 1974.
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no they havent visited ive included the letter further above. on the n245 there didnt seem to be a space to write why wanted to vary the order or suspend action. I havent sent yet. I assume i print off send to the court and await how to pay the £14 unless theres a way to send electronically . Perhaps i could send a covering letter to show why wanted to vary and include details about CCA
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Why do I put reason to vary amount? Do I include details of it being covered under cca on there ? I don’t want it to be turned down. Need to ensure it’s agreed and accepted and if the party we owe money to don’t know we know about the cca and that they shouldn’t use HCEO then they may say no to the amount. They obviously want the money back quicker as we’ve been paying what’s been agreed just late paying a few times