Everlasting Boilers Claimform - ***Claim Struck Out ***Now a 3rd and 4th Claim

[Andyorch]

Post it here please leerob695 so it can be checked and amended if necessary.

 

Regards

 

Andy

[leerob695]

Im using the same defence as last time

 

I just need to know how to word it to highlight the court to the fact it is a discontinued claim please

[Andyorch]

This Company has already attempted to claim off myself in 2014 and

then discontinued it

The Previous Claim number was in my name Mr ^&%$£$££ and My

Wife Mrs &^&^%&%^ the claim Number was A2QZ464E I

submitted my defence for this claim on 27th October 2014 and i

received a copy of the notice of discontinuance on 7-11-2014

the Reference number A shade greener use is the same on Both

Claims "ROBI0244" As I understand the claimant "A shade Greener"

has not sought permission pursuant to CPR 38 .7 (a)to re-open this

claim

 

My original Defence from the discontinued claim (A2Q2464E) stands

and to add to that defence since the claim had been discontinued

in 2014 i have received numerous menacing letters asking for full

payment and a doorstep visit asking for payment

 

 

HOw does that sound for my defence please is that acceptable

 

Well we didn't see you first one as you did not post it to the thread...the above is your intended second one ?

[leerob695]

Im just after how to word the part in relation to bring in it to the attention of the court that the have tried to claim before

 

No need to post my defence on here from last time as I feel it will only get pulled to bits when it worked last time

I'm just after a little bit of help with the wording for the last bit about it being discontinued that's all

[Andyorch]

Well to be fair It didn't work last time...the claim was discontinued so it never saw the light of day in a courtroom.

 

You post what you have up to now and I will legalise it and add the necessary abuse of process...I am not adding to a defence that I have not seen in its entirety..

[leerob695]

I get the feeling feeling you have no intention of helping as I've had nothing useful from you yet

All I am looking for is a small paragraph to insert to bring it to the attention of the courts that will bring it to their attention that it is a discontinued claim is that so difficult?

 

Perhaps somebody who is willing to help will reply

[SabreSheep]

It is vital that Andy sees the whole of the defence so he can add to it or make edit suggestions.

You have been asked to post the defence here (But remove personal details) on more than one occasion.

 

Please help the team to help you..

[leerob695]

"On the 22 11 2013 we Agreed to have a boiler fitter by Everlasting

boilers A Shade Greener Boilers LLP and the boiler was Partialy

fitted on 5 12 2013

On the day of the incomplete instalation it was very windy and

because of this drilling for the flue vent was carried out from

the inside of the property instead of the outside causing

everything to be covered in a thick layer of red brick dust

Also because of the severe winds a weather seal was not fitted to

the outside high in the eaves of the property due to health and

safty and the fitters refusing to go up in the high winds this

seal should be fitted per gas safe regulations and boiler fitting

reccomendations I was told to get in touch with the office the

next day 6th Dec to which i did and on the 9th December the

office people were very apologetic about all the brick dust

covering my personal items in the loft One of which was a box

containing a wedding dress and they promised that somebody would

come and fit the weather seal on the flue and finish the install

and clean the mess up and that somebody from the office would

contact me and arrange to do the work at a time that suited me

On the 13th December I had to get in touch again because nobody

had called as promised

on the 16th December i finally got a reply and was told somebody

would be in touch to which my reply was that if nobody was in

touch that day i would post the photos of the incomplete install

and the mess with the brick dust to the facebook page that they

use to advertise the boilers with me saying this they arranged for

a chap to pop and sort it out on his way home from work as he

lived quite local to me

The fitter arrived at approx 1930 at and apologised for his

lateness which was not a problem to me as it mean the boiler

install would be finished The fitter was not in his own van and

apologised because he only

had the bottom half of a vacuum cleaner which meant that he

couldnt clear the brick dust up

He also sad he couldnt go up the ladders to fit the weather seal

on the flue because it was pitch black so the visit was a waste of

time he said he would pop back in next few days to sort it

out he never came

in January we had problems with the boiler and i was told i had a

24 hour call out I rang and they had no details of me or my boiler

they promised to call me back and sort it out They never did!

I then had a phone call several weeks ago asking for direct debit

details for payments and i said i wouldnt be giving any details

until the intstalation was completed as per the financial

agreement we signed payments to start when instalation is

completed to which the lady said that she would pass it on to the

relevant team I said that if it is not sorted soon i would seek

legal advice it is obvious my details were not passed as the work

still has not been finished

we now have problems with the system losing pressure which should

also be covered under the agreement we entered into

A chap ran me up from a debt collection agency and said i needed

to pay for the boiler Or Else to which my reply again was that

the work was not completed and only when it was completed would i

give any details so he said he would take me to court trying to be

intimidating with his telephone manner

I am very willing for an independent engineer to come inspect this

incomplete boiler fitting and report on it

Also It will be my intention to speak to the Gas safe organisation

regarding this semi install

Only when is the instalation completed will i be willing to pay

for the boiler in condition with the finance agreement that was

signed

After the court summons i was sent a letter asking me to ring them

as it is due a service but no mention of completing the install

like i have been promised on several occasions

A shade greener have quite conviniently forgotton about me and

this incompleted boiler fitting but they are aware of my

complaints and I have Messaged to prove that they are aware of it

Perhaps if they had sorted the problem out in the first place it

would not come to this and i would have been happy with everything

the work that needs doing wouldnt take a qualified gas safe

engineer very long to do but they seem very unwilling to do it

I do Not appreciate such heavy handed practices by this company

and had i known how this company would act i would not have

entered into an agreement with them

I have copies of the finance agreement stating payment terms and

copies of all messages sent regarding this matter and also have

pictures of the work I would also like to know what the Home visit

charges totaling 210 are for when there have been no extra

visits by any technicians other than the lad coming out without a

hoover and refusing not to go up the ladders

I cannot arrange for another company to carry out this work as

this would be going against the agreement with Everlasting boilers

as any work on the boiler should be carried out by them

I have never been unwilling to pay for this boiler as per the

agreement I have simply said that i will only pay for it WHEN the

fitting is finished as per the agreement we signed and this is

still the case

I would be willing to pay for it but only when it is COMPLETE

Just like i signed up for

I ask for nothing more and nothing less

 

Since the previous claim which was number A2QZ464E (26/09/14) was discontinued on 31/10/14 i have had several letters demanding full payment and people have been round to come remove the boiler

how can this come back to court when it has been discontinued without first seeking permision from a judge"

 

 

The above is my defence

 

is that OK

[leerob695]

Anyone?

[Andyorch]

Its an excellent witness statement ...not a defence.....I should have time towards the end of the week to assist you....Its a pity you still have not even looked at another thread in all your time here as a member...to get an idea of how an initial defence should be presented.

[leerob695]

I have looked at other posts

[leerob695]

Bottom line is I signed a contract for a fully working and serviced boiler and they have not even finished fitting it properly all they have done is ignored my complaint and tried to take me to court and when they discontinued that sent me a bill for the full amount and threatened to remove it

[SabreSheep]

Keep what you have put above to one side for use later, as Andy says it is a good witness statement

 

 

To get the basic format for the defence you need to type out here what the particulars of claim on the N1 claim form are.

 

*If the paragraphs are not numbered, add them yourself"

 

EG

 

1. The defendant took out an agreement with Cabbage Crooks Credit Agency referenced : 1234abcd5678 on the date 30/02/2014

 

2. On date 04/03/2014 the balance became due and a default notice was issued on 12/03/14

 

3. Claimant claims the sum of 3 sheep, 1 goat and 33 pigs plus interest of 94 chickens per day until judgment or sooner payment.

 

 

Your defence would be in the same format as the Claim and respond initially to the paragraphs in order

 

eg

 

1. It is denied that as stated in paragraph 1 that the claimant has has any dealings with Cabbage Crooks Credit Agency. The claimant is put to strict proof to show how the defendant entered into such an agreement

 

2. Paragraph 2 is denied. No default notice was ever received and the claimant is put to strict proof that a default was served to the claimant that complies with etc etc act 1999

 

3. Paragraph 3 is denied, due to the facts stated above the claimant is not entitled to any relief

 

 

Its all about denying (or accepting where appropriate) the claims and demanding they proof it was owed.

 

Hope that was some help.

[leerob695]

Well thats really thrown me

im not denying i entered into an agreement with them

im saying they havnt kept up their end of the contract by suppling and fitting and maintaining a AAA grade combi boiler as instalation still hasnt been completed

[Andyorch]

Well that's why there is a knack to drafting defences...because if you admit anything you lose.

[leerob695]

So thats why im here for a little help

[Andyorch]

As post #62 above then.

[leerob695]

what does that mean Andy?

[Andyorch]

It means I will draft you a defence when I get chance, probably towards the end of the week leerob

[leerob695]

Thank you

something else i have noticed as well was that the discontnued claim was in joint names (The agrrement is signed in Both mine and my wifes names) on this new claim im the only one mentioned

hope thats relavent

[Andyorch]

Not particularly...as its a joint agreement they can go after both or either.

[leerob695]

Andy Have you had chance to have a look at it

sorry to bother you but im conceious time is against me

 

thanks

[Andyorch]

Hi lee

 

Yes I will draft you a defence later this evening.

 

Regards

 

Andy

[leerob695]

Thanks Andy really appreciate it

[leerob695]

Any joy?