@BazzaSAhhhh ok. Other than that though, all ok?

@BazzaSCan you check the above pls?

Councillor bloke cant do anything so LBC has been drafted. Can you check the below to make sure is okay... More to the point though, can you think of anything else I should be asking them to provide me in the Practice Direction from them? -------------------------------- 123 Some Avenue ATOWN AN1 1NA SIMON SCOUGALL Bellway Homes Ltd Woolsington House International Drive Woolsington NEWCASTLE UPON TYNE NE13 8BF Monday, 20 February 2023 Dear Mr. Scougall, LETTER BEFORE CLAIM Reference: Damage to vehicle on Sheasby Park, Fradley. As it has not been possible to resolve this matter amicably and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct. My vehicle was damaged due to Bellway’s negligence in not repairing a kerbstone. From you I am claiming: - £119.40 Replacement Tyre - £40.00 RAC Call Out Charge - £60.00 * Costs - £159.40 TOTAL (without costs) - £219.40 * TOTAL (with costs) * If settled out of court, £60.00 costs will NOT be claimed. Listed below and enclosed are the documents on which I intend to rely in my claim against Bellway: - Photos of damaged kerb - Copies of invoices from Tyre Place & Rent A Clown - Copy of map from Staffordshire County Council ‘Adopted Roads’ showing that Murphy Street / Violet Walk is maintained by yourselves and has not been handed over to Staffordshire County Council - E-mail between John Enright & myself - Facebook posting that others have suffered damage to their vehicles due to Bellway's negligence In accordance with the Practice Direction on Pre-Action Conduct, I would request that you provide me with copies of the following documents: - Any maintenance logs / work orders for Violet Walk / Murphy Street in relation to this kerbstone I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. I would invite you to put forward any proposals in this regard. In closing, I draw your attention to paragraphs 13 to 16 of the Practice Direction on pre-action conduct under the Civil Procedure Rules which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. I look forward to hearing from you within the next 14 days. Should I not receive a response to my letter within this time frame then court action will be commenced with no further reference to you. Yours faithfully, 123NeilyB Enc.

Cheers Gents. Ill hold off until the councilor bloke comes back and if not ill LBC first, wait to see if they respond to that and then go off down SCT route. Its not the money (i've just put another tyre on the truck because it needed it), its more the fact Bellway are taking the p*ss and have done for a while. The local FB group is awash with issues and people slating them.

Thanks Baz. Final question - If I go down SCT, do I have to do a PAP or LBC (like the parking companies do) or just fill in the MoneyClaim side and wait.

UPDATE. Company MD also says get stuffed... Spoke to insurers > They say its pointless putting a claim through them because of excess etc... But they agree with me that if the kerb hadnt been damaged in the first place the tyre wouldnt have burst... (Bear in miind) i was pulling away from a junction, not driving over it at 30mph - 5mph max at most because of the turn... Meanwhile, local councillor has got involved (via Facebook - he saw the post in the group) and has been sent a copy of what's gone to & come back from Bellway. He thinks he might be able to butter them up a bit... Wait n see... My question to the caggers though is this: - If I go down the Small Claims route (Moneyclaim), I'm pretty sure Bellway will set their solicitors on me. I will self represent like I've always done, but if I lose, can Bellways legal team ask me to pay their costs? - I asked the MoneyClaim team and they said no... But I'm not sure the woman understood what I was going on about... Cheers.

Yup, got both before and after...

Ello Caggers, Need some advice (again). Cut a long story short... I've burst a tyre on a kerb that was damaged on New Years Eve. It's a new build estate and the roads are still under management by the developer, not the council. Had to call RAC out next day as I couldnt get the wheel off (best part of 22stone and strong and still couldnt move the nuts!) = £40 call out charge by RAC (I'm on their Essentials plan). Once spare was on, go to tyre place, new tyre £110. Went back to estate in daylight and took pics. Kerb is a 'pointed' kerb, not rounded. But is also damaged - can see the damage in the pics. When you actually feel the top of it, its actually sharp, so no wonder it popped the sidewall of the tyre. Just to point out as well, the state of the road itself is terrible. Tarmac just chucked in holes, unfinished kerbs elsewhere... Just a mess. Meanwhile, on New Years Day, put a warning on Facebook Group for the estate - *NINE* other people have burst tyres on this kerb as well > You simply cant see it because of the road layout and no street lights. I asked people if they had contacted the developers, a few had and were told to go away and learn how to drive(!) (NeilyB thinks to himself - Your not fobbing me off... Especially as the kerb is broken). Apparently its been damaged since August 2022 according to other residents on FB. We even have the 'job number' from Bellway about the kerb. Called Bellway Customer Services Tuesday 5th Jan. Explained what had happened to disinterested CS woman. Blah blah, send us an email with pics to head of CS and regional MD. Emailed CSM & regional MD. Got OOO for both for next 48 hours. Waited till 3pm Friday afternoon, rang again - on site, back Monday. Called Monday, after some arguing, eventually got put through to CSM. CSM basically disinterested, says you've drove over the kerb therefore its your fault, blah blah etc. I said yeah, I have... But if the kerb wasnt broken, it wouldnt have burst my tyre! (Bear in mind that you have to stop, and you drive over it when pulling away...) CSM says no, Bellway wont be paying a penny etc etc. I said thank you in not a nice way. Rang Bellway Head Office and spoke to PA of Company MD. She took interest and was very sorry that this had happened and isnt the first time she had heard of problems like this. Tried to put me through to MD, VM. She then comes back after I asked to be transferred to legal team. She gives me MD's email and sent same email i'd sent to CSM & Regional MD. No OOO or response yet from Company MD. Question is.... Do I actually have a leg to stand on? My defence: - Yep, I've driven over the kerb, but in my defence, you physically cant see it because of the road layout is just ridiculous and no street lights. - The kerb that WAS there was a 'pointed' kerb, which was damaged. Physically has chunks out of it because of the amount of people that have hit it. - Bellway have now rushed out and replaced broken kerb, but also replaced with a curved kerb, not pointed... - Bit coincidental they have no rushed and replaced now I have submitted invoices & threatended small claim. Anyhow... I find myself at CAG because i'm pretty sure the company MD is going to say "go away" as well, so i'm quite prepared to go down the small claims route for it. More as a matter of principle than anything else. What do you guys think? We can prove they were negligent in not fixing the kerb since August, and if needed provide the invoices for other peoples tyres along with mine, along with the pics of broken & then fixed kerb. Cheers!

Hi All, Just wanted to update you on this... So, I continued with DRP plan with Amex > Yes it was hard, but I saw it out till end. More importantly, the FOS found in my favour!!!!! Good old FOS! But theres more! Amex were basically told to refund 50% of the balance to me, or take this off the amount owed by the FOS. Amex then (after me screaming at them for 3 months(!) to action what the FOS told them to do), messed up and credited the account TWICE - £0 balance (well it was £100 something)... I asked again, is this the CORRECT amount and I if I paid this amount today, can I close the account? Yes, was the response from Amex. So i did! Paid the £100 something and closed the account. Waited for final statement showing £0.00, then left if a few months in case they detected their mistake and tried to reopen, they didnt. I then called back a few months after just to reconfirm the account is closed and no balance. Yes was the response. I've everything from them filed away just in case this pops up but I think I had a very lucky escape from this... And it shows the true incompetence of AMEX... *ANYONE* reading this who gets 'messed about' by AMEX needs to go to the FOS. They have a rather large file of cases about AMEX where they just delay and keep piling on the interest where they shouldnt and FOS have repeatedly told them not too.... Thank you CAG and keep fighting the fight.

Thank you.

Yup. Some on credit file, some being paid to family... I just thought bugger it, I'll include the full outgoings and throw the kitchen sink in... I've gone through my credit file with a toothcomb and I can't see amex doing any soft let alone hard searches of me on the dates they increased the credit limit(s).

Just come off the phone. Wont put it on hold/payment holiday even whilst there is an open complaint. Wish id never taken it out... All for some Nectar points!!! Apparently a 'manager' will call me back next week to discuss. Next FRP payment is due 7th June... Im seriously thinking about not paying it but they have warned today on phone that it will show as defaulted...

Exactly... I've asked them multiple times to stop... They have reduced the amount from 19% APR to 9.9% APR, so better than nothing... But around £100 per month is just interest, so only about £229 each month is paid off the balance. Honestly, i've felt sick about this multiple times. Yup, hold my hands up... I spent the money... I should have been more careful, and things were 'okay' before Covid... But once my salary was reduced or be made redundant, then things got serious... I've found the Irresponsible Lending templates last night and sat up till 1am writing it all out... Sent this morning to them. Ill see what happens with that. If they refuse ill send to FOS. But that will be months. If FOS dont allow then I will default it. Im going to ask then to put it back onto a Payment Holiday until the complaint is decided...

I did ponder doing this... Didnt really want to trash credit rating though...

Hmmm. Can you point me towards a template then? Already renting... They did talk about it being sent to NCO Europe which I said I didn't want to happen so agreed to their Financial Relief Program...