kenwood
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Everything posted by kenwood
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Hi there, my tuppence worth is that an attachment of earnings would mean you will be dealing with employers and the PO is a bona fide company so they will not mess you around - they will pay you. Whereas in terms of sending a bailiff to the properties, the debtor can easily say all the hi-fi equipment is on hire purchase so it cannot be touched by the bailiff. I think attachment of earning should be the way to go!
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I am writing on behalf of one of my neighbours in my block of flats, as I am already registered with CAG. Following the exceptionally heavy rainfall a couple of years ago, my neighbour had a lot of damage in her lounge which needed repair. She had Designers Guild wallpaper on her walls - this was an expensive product. The managing agent is treating her in a very odd way. The firm is refusing to acknowledge that she had the expensive wallpaper and are trying to palm her off with the barest minimum work. Apparently someone they sent over gave her a rock bottom quote including the supply of wallpaper without even asking her what she wanted. Now, the managing agent says that this guy isnt even interested in doing the work and, needless to say, she will not be able to find anyone else who will do the work and supply half decent wallpaper at that rate. What should my neighbour do?
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Yes the sum awarded followed a CCJ and was payable immediately. I have written all of this to him. Apparently following the hearing he tried to appeal against the judgment but didnt even pay the fee. Thats the kind of person he is. Now, instead of, as you say, going to court to appeal if he believes he has the grounds, he is trying to "blackmail" and intimidate me with his stupid letters. BTW, the blackmail is coming from him, not him accusing me of it.
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Thank you for your advice. I really dont know what to do but I dont mind spending the extra money to make him suffer through a bankruptcy. He probably has a suitcase full of cash under his bed! Before commencing proceedings I checked on the Land Registry and he does own his house, although it still has a mortgage. I also checked other sources. Also I found out he is currently serving a 6 months suspended sentence for money laundering (suspended for 2 years). Would this have any bearing on my enforcement? I'm pretty sure he is the kind of person that would not open the door to a Bailiff so I'm not sure what a HCEO can accomplish? He is accusing me of having lied about something to the judge but I have proof from himself confirming what I said to be true so it is all very odd.
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I'm back now with the last leg of this nightmare. After 3 months of non-payment since judgment was awarded in my favour, I served a stat demand on the cowboy. The guy is quite thick and is reacting in the wrong way to it. He has written me two totally dimwitted letters making all sorts of bizarre dishonest accusations and is accusing me of perjury and bordering on blackmail. Following the first letter, I made it pretty clear where he stood and the costs involved if I put him through bankruptcy. He has written yet another totally daft letter without any offer of payment. What I wanted to ask is from a legal perspective am I supposed to respond to these letters and clarify that he is lying and I have proof to the contrary or shall I just go straight to court now and get on with the bankruptcy procedure?
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Thank you for your support and comments! If I hear of an appeal will keep you posted! I dont envisage he will give up without trying.
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Hi, I would like to report following the court hearing. We werent even asked to take oaths. The cowboy turned up and lied from start to finish. The judge mainly listened to him even though he had absolutely no evidence to substantiate anything he said. The judge treated me as if I was an idiot who had misunderstood the cowboy. In the end the judge found in my favour only on the "breach of contract" element but for a very small amount which was just half of the refitting cost of my kitchen plus the court costs. The judge didnt even award me half the cost but half the estimate which was even lower than half what I paid. I am in complete shock as to how a judge can be like that given it was my claim - the judge just let him talk non-stop as if he was the claimant. In the end when he heard the judgement he got huffy and did not accept it and said he wanted to appeal. I wonder if he will or if he does, it might be better for me too. Are all judges so blinkered - I thought they were supposed to be highly intelligent? From that day he started his covert blackmailing routine again, writing to my family. The wording is so twisted that I'm not sure what he is saying. He is half threatening not to appeal and half threatening along the lines that he will expose this supposed irregularity if I go forward with enforcement. I have told the police and they came over to speak to me so at least it is on record if this escalates. Even though I had a very strong case and all the evidence necessary I was awarded about a third of my claim. In retrospect it might have been worth using a solicitor to speak for me or are judges supposed to take the middle line?
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Another development. I dont want to divulge too much here but now the moron has contacted members of my family and I think he is trying to blackmail them. He has discovered something he considers to be an impropriety and is asking the family connection what shall I do with this piece of information - shall I send it to HMRC. The family connection is ignoring him as there is no issue but where is this going to end?
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Dear Steampowered Thank you for your response. I feel so much better. I just called the court and they had not even received the defendant's letter and mentioned that if he wants to adjourn the hearing he needs to pay £50 to do so. It looks like the hearing is going ahead as planned. I wonder if he has just sent the letter to me (and not to the court) in the hope that I wouldnt turn up on the day! I take your point that the judge doesnt need to decide whether the guy is nice or not! This is something to remember. I will write to the court about the Google page incident and his misrepresentation of the arrival date of my bundle. Thank you again for your clear and relevant response.
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If I put the bad feedback that I found on the internet relating to this person in my bundle of supporting evidence, is this admissible? Also since my claim was for breach of contract and negligence and the Directions have asked for "a list of works complained of" and I have written about things like the units being crooked, the shelves being crooked, drawers not opening properly but these were not all literally itemised in my POC, I have said that it was done so badly that it needed to be done again. There were so many huge fundamental errors that little details like this are lost believe me. The guy failed to noticed some obstructions and I was forced to buy narrower units for another £600, I had to buy more tiles as he had cut what he did so badly. I bought £700 worth of panels because they were listed by the guy on his purchase list but he did not even allow space for those panels in his plan. The guy was a complete goofball. I have to redact my POC of personal details and will try to post it tomorrow as it is already late. At this stage I really want to expose the cowboy's lies and this issue with his google page. Am I allowed to advise the judge that this guy's currently serving a suspended sentence?
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Hi, I had a disaster with a kitchen fitter and have started court proceedings against him. He put in a Defence with a whole lot of lies. The court sent Directions last September and the hearing date was due in February. I followed the Directions to the letter and sent quite a substantial witness statement with all the emails and evidence I could find to substantiate my claim. I sent the bundle to the cowboy 2nd class recorded delivery therefore the date that it was received has been logged on the PO site. The cowboy has written to the court stating that the bundle arrived 3 days later than it did, ie after the 2 weeks prior to the hearing date! He has asked for the hearing date to be adjourned on the basis that he needs time to address the issues I've raised in my bundle. He's claiming they were not listed in my POC. on top of that, he has a google listing for his "business" and there is bad feedback on it, so I submitted a printout of this in my bundle. Not sure if this is admissible. I just looked at that listing again thinking he must have closed it down, when instead I saw that he has superimposed my name as a life coach with my family address (with whom I do not live) and a strange telephone number. The odd thing is that the map still shows his address rather than mine and the name of his business. This has really made me angry. I dont understand whether it is a covert threat or a stupid joke. It was suggested to me perhaps he intends to lure customers in my name and defraud them so that he can make trouble for me. I dont know what to do about this. Should I bring it to the attention of the judge? On top of this the guy is connected to a gang who defrauded elderly victims out of over £250k and were put on trial recently. tHe money laundered some of the proceeds and was taken to court and pleaded guilty and is currently serving a 6 months sentence suspended for 2 years. Apparently this information is not admissible because it is unrelated and because it is a criminal matter rather than a civil matter. Please can someone advise me how much of this information is admissible as I feel the judge should be aware. How can I land him in the dirt without overstepping the mark?
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Thanks for your advice Ash and Steampowered. I'm sure such a devious person will have his house in his wife's name and his assets in a suitcase under his bed. Thanks for the info Rebel - I hope the police do manage to seize his assets and the courts put him in jail! However, that means I wouldnt get anything!
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Thanks Fletch - yes its beginning to look that way. Is there absolutely nothing I can do? I really hope he ends up in jail - its the best place for him.
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Thanks, this is what I'm thinking too. But assuming I go ahead with the action and win the case and then present him with a stat demand threatening bankruptcy - what would happen? I was really hoping I could somehow get involved with the other prosecution but the court told me because my incident took place in a different time and place I could not join the other action. Is there really no way I could somehow sequester from what is recovered from the other action?
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It's a criminal prosecution following an extensive investigation by the Economic Crime Unit of the Police in that county. I've been in touch with the metropolitan police, the fraud department of the police, the relevant court and the relevant police force - none of them were interested. My case would be civil so I wanted to check if there is any possibility of crossover. The fraud police told me to speak to Trading Standards and get them to ask the fraud police to follow up but by the time I did this and got back to them again they didnt want to know! I've just been shoved around. It's quite shocking that this type of behaviour is not criminalised until it reaches epic proportions.
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I had a cowboy kitchen fitter in my home last year who conned me out of over £2k for doing very little work. It has taken me a year to get my kitchen sorted out because no other fitter was willing to touch it and it has cost me a further £5k at least. Anyway, I was planning to take the first guy to court and I have my POC and bundles ready to go. Having done an internet search for this person to find negative feedback, I discovered he has been bailed and due to be going to court as part of a gang who have fleeced elderly people out of £250k. They will also be charged for money laundering. Now that this information has come to light, I dont know whether I should proceed with my court action. If I go ahead and win my case, is there any way I can become an interested party to the other case or be able to have some form of garnishee order on what, presumably, the courts would aim to recoup? Is there any way this could work in my favour or would all his cash be taken away by the courts? Also what would happen if I start proceedings and he is imprisoned before the court hearing comes up?
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Kitchen fitter did a day's work and disappeared
kenwood replied to kenwood's topic in General Consumer Issues
Thanks Bazza. I also doubt it will go to court but I need to be able to hold that threat over him so that he backs down. In the meantime if he sends me a bill, can I send him one back claiming for say £5 per day precooked meals for 10 weeks £350; laundry once a week at £8 for 10 weeks £80; for 2 1/2 hrs pay that I didnt earn because I had to be at home to receive delivery of the kitchen units, as he wasnt on site (I'm paid hourly as I'm a temp); and the items he lost and damaged £75; and anything else that would be reasonable that you can think of? Is there a value to being unable to enjoy my kitchen (the old one or the new one) and to live with a bare bricked room for 10 weeks? -
Kitchen fitter did a day's work and disappeared
kenwood replied to kenwood's topic in General Consumer Issues
Thank you Bazza. The exact wording is "We will require payment in instalments as work progresses". This is on an estimate rather than a quotation if that makes any difference. The overall estimated price was £3,500. -
Kitchen fitter did a day's work and disappeared
kenwood replied to kenwood's topic in General Consumer Issues
Thank you. I'd rather put it behind me now but he's becoming increasingly aggressive about getting his £300. He seems genuinely unconcerned about the stress and inconvenience he has caused me and doesnt believe he owes me anything in lieu of that. I did threaten to sue and wanted to be sure where I stood. I think he just expects a cash payment. I'll wait to see if he sends me a proper invoice. If he does, I'll send him one and take it from there. I do have his address. I think he is quite successful - he might even have properties he rents out as he was trying to convince me to rent my flat out. He seemed very knowledgeable about renting and rental income. He's probably a good person to sue as he does have money! The reason he ditched my work was because more lucrative work came along. -
I waited ages for a supposedly good kitchen fitter to come and refit my kitchen. He came during the second week in January and stripped out one side of my kitchen where all my appliances were situated. This was in order to see some obstructive pipes so that he could plan around them. I was in constant touch with the fitter via text messaging. By the time I knew the items were arriving I asked him to come back but he ignored me. I was constantly begging him on the phone and via text to come and make some progress but he did not come back. I have been without the use of appliances and running mains water in my kitchen for 3 months now. It was only in March that I gave up and started looking for another fitter and finally work started last Monday. The first fitter has now contacted me again and wants to be paid £300 for his day's work saying he did "an honest day's work". To me it doesnt seem honest and furthermore I have suffered hugely from the inconvenience of not being able to do anything in my kitchen. of having to buy cooked food and drinking water and to take my laundry out regularly. He has also inflicted some damage to my kitchen by smashing tiles that were already in situ and throwing out items that were needed and now need to be replaced. These items alone come to around £75. Do I have the right to sue him for non completion of the contracted work if he persists with his demands for his day's work?
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Thanks again steampowered, looks like I'm on the right track. The other bits needed are the statement of truth at the end and formatting of the top section and back page which I can manage!
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Hi Steampowered Hope you've had a good weekend. Am I on the right track with this? I havent listed all the items on the estimate - just the ones that are relevant.
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Yes thats true - and of course given his performance so far, he'll just come up with yet more lies! Thank you, I feel like I have my work cut out for me as preparing a formal legal document is alien to me. I will follow your template diligently and maybe post it up again after the weekend! All the best.
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Hi Steampowered, thank you so much - this is amazing. It exactly the kind of clarification I was hoping for as I feel a bit lost in the world of litigation! I realise now that I have combined the POC and Witness Statement and of course the POC needs to be more formal and to the point. I will put this to use immediately! I'm feeling a bit paranoid about the possibility that the fitter might look at this site. Would you mind if I take the attachment off? Thanks again and best wishes.
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Wow - that's fantastic thank you! Hope it works. The names used are fictitious
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