NFS Screeding Ltd, Company Registration No. 8945777 (Need for Screed) - **Judgment debt paid**

[MrPengu1n]

Thinking forward to submitting the claim - do I need to address the claim to NFS and or the owner/director?  What I want to do is avoid a situation, if I get a judgement, where I can't pursue the judgement if the company name changes or something along those lines where they try to avoid paying

[BankFodder]

The contract is with the limited liability company so therefore your action should be against them.

 

Also, when you win as you probably will, the judgement will be for more than 5000 and you should instruct the high court Sherrifs immediately without any delay and without giving any notice.

 

We will discuss this at another time.

 

 

[MrPengu1n]

I received an email response today from NFS to my 'letter before claim' - pasted below.  A follow up post will be added with bulleted comments against it:

 

====================

 

Mr P

 

My response to you is simply this. 

 

You have had ample opportunities given to you for NFS to come and rectify the screed. Dates were given and you have each time chose to ignore. This is now invalid given the report issued by M&M 

 

The report you had commissioned on the screed is factually incorrect in so many ways but the main hard fact that it has discovered is that you obviously have a serious problem with water ingress from a third party wall that has caused the issues. 

 

You agreed to the screed system NFS proposed at the time I visited your house, you withheld information on the historic issues you have had with the floor and the fact you had removed the old tiles, screed and the original DPM. As we said previously If had you divulged this information on the first site visit we more than likely would have not taken on the work as it would have been something for a different contractor. 

 

The screed company you had a quote from obviously have not been told of the problems with water ingress from the party wall as they will not have quoted for the system that have. This will most certainly fail as it’s practically the same as what we offered in the first place. Why would you get them to just supply the Ardex DPM and you install it when the screed they install will need mechanical preparation to install such a system anyway. It’s basically completely the wrong way round.

 

You need to concentrate on fixing the issues that have been highlighted in the report from M&M relating to the party wall water ingress. 

 

 

[name]

NFS Screeding Ltd

needforscreed.co.uk

====================

 

NFS response to letter before claim with my bulleted comments:

 

====================

Mr P

 

My response to you is simply this. 

 

You have had ample opportunities given to you for NFS to come and rectify the screed. Dates were given and you have each time chose to ignore. This is now invalid given the report issued by M&M

• Based on the report his remedial suggested work was always going to be invalid.

 

The report you had commissioned on the screed is factually incorrect in so many ways but the main hard fact that it has discovered is that you obviously have a serious problem with water ingress from a third party wall that has caused the issues. 

• The only potential item that can be disputed in the moisture test, however NFs never carried out any moisture test themselves.
• This is an attempt to deflect but also it highlights how he has taken a piece of information and twisted it suit his position.
• To be clear - there is no water 'ingression through a wall'.  The wall itself was not tested nor mentioned to be tested.
• The issues with the job are numerous including the materials used, the application of the materials, thickness of the screed and delamination from the floor of the screed.
• If there is dampness in the floor, that would be expected due to the fact there is no DPM under the floor slab.  He would have no idea to the 'seriousness' of any floor damp as he himself never took any readings.
• Damp in the floor may have indeed caused the areas of delamination.  But that is part of the problem with the solution NFS installed.

 

You agreed to the screed system NFS proposed at the time I visited your house, you withheld information on the historic issues you have had with the floor and the fact you had removed the old tiles, screed and the original DPM. As we said previously If had you divulged this information on the first site visit we more than likely would have not taken on the work as it would have been something for a different contractor. 

•  I agreed for NFS to screed my floor but the technical details of a 'screed system' were never discussed.  The only point ever mentioned was my asking if the screed would be suitable to have a liquid DPM applied after, to which he stated that it wouldn't be needed due to the 'black jack' they put down first.
• I did declare that the old screed, flooring and tiles were removed.  I stated there was not DPM under the slab.  His claim that this was not disclosed is a lie, plain and simple.
• There are no 'historic issues' with the floor, we had never seen any damp or experienced any damp.  Admitted we have never taken a moisture test but have never had a reason to.

The screed company you had a quote from obviously have not been told of the problems with water ingress from the party wall as they will not have quoted for the system that have. This will most certainly fail as it’s practically the same as what we offered in the first place. Why would you get them to just supply the Ardex DPM and you install it when the screed they install will need mechanical preparation to install such a system anyway. It’s basically completely the wrong way round.

•  The quote provided from the alternate company takes in to account there being no DPM under the slab.  The products they are using are suitable for the application they are intended for.
• The alternate company were also given a copy of the report after they provided a quote.  The solution did not change.

You need to concentrate on fixing the issues that have been highlighted in the report from M&M relating to the party wall water ingress. 

• He is clearly lacking the knowledge and skill required.  There are products and methods available on the market to be used for a job like mine.  NFS just don't appear to know what these are or how to do it.#

====================

 

Do I need to respond to this before I submit my claim or do I take it that as he is not prepared to take action per the report then I go ahead and submit the claim this coming Saturday?

 

Mr P

[BankFodder]

No need to respond .

If you feel that there are particular points that you do want to address then go ahead.

I suppose it could be useful to make sure that he is fully aware of what you have to say, but at the end of the day it doesn't really matter .

Probably the best thing to do is drop him a line and tell him that if these are the points he wants to make then you will have ample opportunity to make them to a judge in the forthcoming action.

 

Probably not necessary or useful to say anything else.

 

 

 

 

 

 

 

[MrPengu1n]

The only point I would want to address is the falsehood he has claimed and not being advised information about the existing floor (i.e. removal of old screed), however I can't see this would be useful or fruitful.

 

Any phone conversation would likely descend in to a verbal confrontation but I am more than happy to discuss all these points in court in detail

 

I'll refrain from responding on that basis.

 

In regards to the draft POC, there is a remark that states the defendant has 'declined to engage'.  NFS has 'engaged' in dialogue/correspondence and so is this comment applicable or should it be that the defendant has 'declined to address the issues'?

 

Draft POC:

=====================

 

The claimant entered into a contract with the defendant on 5^th October 2022, invoice reference number 56879, to carry out the application of floor screed in the claimant's property. The contract price was £900.

The contracted work was not completed to an acceptable standard and was in breach of the defendants contractual obligations. The claimant has obtained independent reports which agree that the work is substandard and which make it clear that the only way forward is to undo the work completely and to reinstall the floor screed in a proper manner.

The claimant has kept the defendant fully informed and supplied them with copies of all documents and reports but the defendant has declined to engage on this matter.
The defendant is fully aware of all issues and the basis of the dispute.

The claimant claims £4101.02 being the cost of removing the defendants floor screed and replacing it with screed work carried out to a proper standard as expected in the original contract.

The claimant also seeks reimbursement of £180 in respect of reports, the costs of this action, plus interest on these costs.

===================

[BankFodder]

Ok well wait until he has filed his defence in response to your claim.

If necessary, we can do a formal reply to the points he is making 

 

Let it go for the moment

 

 

 

[MrPengu1n]

 

thanks - does the POC need to be amended per my comment -

 

"...there is a remark that states the defendant has 'declined to engage'.  NFS has 'engaged' in dialogue/correspondence and so is this comment applicable or should it be that the defendant has 'declined to address the issues'?"

[MrPengu1n]

about to submit the claim - 3 questions to clarify as I proceed with the MCOL form please:

 

1) The address as noted on Companies House and on NFS own website is slightly different to anything the post office has registered when searching the postcode/address.  Do I use the address as recorded on Companies House and NFS own website or use the Royal Mail address.  The postcodes are the same and building name is similar, it has some differing lines.  Example:

 

• Companies House Registered office address:

Red Sky House Fairclough Hall, Halls Green, Weston, Hertfordshire, England, SG4 7DP

 

• Royal Mail look up on postcode: 

Fairclough Hall House, Halls Green, Weston, HITCHIN, SG4 7DP

 

I've assumed it would be the registered business address?

 

2) As I want to claim interest on the cost of the commissioned report and not the cost of removing and redoing the job, do I tick he option to claim interest and enter the amount of the report?   I think I'm right in what I've assumed but wanted to be sure.

 

3) Due to character limits I edited the POC to fit, could you kindly check to make sure its still good?

 

Drat POC:

====================

Claimant entered a contract with defendant on 5/10/22, invoice 56879, to complete application of floor screed in the claimant's property. The contract price was £900. The contracted work was not completed to an acceptable standard and was in breach of the defendants’ contractual obligations.  The claimant has obtained independent reports that agree the work is substandard and which make it clear the only way forward is to undo the work completely and reinstall the floor screed in a proper manner. The claimant has kept the defendant fully informed and supplied them with copies of all documents and reports but the defendant has declined to engage on this matter.  The defendant is fully aware of all issues and the basis of the dispute.  The claimant claims £4281.02 for i) the cost of removing the defendants floor screed and replacing it with screed work carried out to a proper standard as expected in the original contract and ii) cost of commissioning reports.

====================

 

Many thanks Mr P.

[MrPengu1n]

Hoping for some guidance/confirmation then I can submit my claim

[Andyorch]

Quote

2) As I want to claim interest on the cost of the commissioned report and not the cost of removing and redoing the job, do I tick he option to claim interest and enter the amount of the report?   I think I'm right in what I've assumed but wanted to be sure.

 

MCOL only allows interest sec 69 on the total debt claim it won't AFAIK let you break it down separately to exclude an item.

 

 

.

[MrPengu1n]

Any further comments regards the address to use and the re-drafted POC?

[MrPengu1n]

I've proceeded and submitted the claim, addressed to NFS registered business address.

 

Final POC as submitted below:

===================

Claimant entered a contract with defendant on 5/10/22, invoice 56879, to complete application of floor screed in the claimant's property. The contract price was £900.

 

The contracted work was not completed to an acceptable standard and was in breach of the defendants’ contractual obligations.  

 

The claimant has obtained independent reports that agree the work is substandard and which make it clear the only way forward is to undo the work completely and reinstall the floor screed in a proper manner.

 

The claimant has kept the defendant fully informed and supplied them with copies of all documents and reports but the defendant has declined to engage on this matter.  

 

The defendant is fully aware of all issues and the basis of the dispute.

 

 The claimant claims £4281.02 for

i) the cost of removing the defendants floor screed and replacing it with screed work carried out to a proper standard as 
expected in the original contract and

ii) cost of reports

iii) cost of claim

====================

 

Details of claim

Amount claimed

£4,281.02

Court fee

£205.00

Total amount

£4,486.02

 

Do I now need to share/serve any additional information to NFS or await their response to the claim?

[MrPengu1n]

I received the Notice of Issue yesterday. 

 

Claim will be deemed as served on 28th Jan (tomorrow) and defendant will have until 11th Feb to respond. 

 

I'll update if they respond before then and share any details of the response. 

 

Should I being doing anything while I wait in advance of 11th?

 

MrP

[Andyorch]

Quote

Should I being doing anything while I wait in advance of 11th?

 

Not particularly but you can keep your eye on the status on MCOL to see if they have acknolwedged service. 

[MrPengu1n]

As of this morning, the claim status is still 'issued'.  

 

Forward thinking, assuming NFS doesn't respond and the claim status is still 'issued' on the 11th Feb, I'm going to request judgement straight away on 12th.

 

Once the judgement is received I'll need to set about enforcing the judgment and collecting the monies.  Is there anything I should do to prepare for instructing the high court Sheriffs (gathering materials, information about NFS including directors, addresses etc that I would need to pass on)?

 

[Andyorch]

Quote

the claim status is still 'issued' on the 11th Feb

Quote

Claim will be deemed as served on 28th Jan 

 

 

[MrPengu1n]

reading my posts again - it makes sense to me lol!  a re-cap...

 

Claim submitted via MCOL on 22nd Jan.  Claim issued on 23rd Jan (claim status on MCOL changes to 'issued').  Claim considered 'served' on 28th Jan.  Status of claim on MCOL is still 'issued'.  

 

As the claim status is still 'issued', the defendant (NFS) have not acknowledged it or submitted a defence I guess.

[Andyorch]

If deemed served 28th Jan the defendant has until 4.00pm 15th Feb to AOS...therefore you can't request judgment on.....

 

Quote

Forward thinking, assuming NFS doesn't respond and the claim status is still 'issued' on the 11th Feb, I'm going to request judgement straight away on 12th.

 

[MrPengu1n]

The Notice of Issue I received from the County Court Business Centre states that the defendant has until 11th February 2023 to reply - can you help me understand where the 15th Feb date is derived from?

[dx100uk]

5 days for service, then 14 days to acknowledge the claim .

 

If they do the above, then they get a further 14 days to file their

 defence.

 

So a total of 33 days from the date top right on your your claimform (whereby that date is one in the count).

 

Dx

[MrPengu1n]

yes, so 5 days from issue means deemed as served by 28th, then 14 days from that date is then 11th Feb.   

 

As yet, no acknowledgement.

 

But I'm still not clear why I need to wait to the 15th Feb, IF, after 11th Feb, no acknowledgement is filed?

[dx100uk]

what date is top right on your claimform?

 

dx

 

[MrPengu1n]

The only date on the Claim Form (N1CPC), is Issue Date 23/01/2023

[dx100uk]

Then my above is correct.

 

Dx

[Andyorch]

If MCOL state the 11th then they must be including the 5 days service so go a head and try on the 11th....nothing lost it will either allow or won't.

 

ANDY