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Difficult pool builder


Steve
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[quote user="Steve"]As an update to this thread ........

The PB has still not replied to our 2nd recommended letter sent in Nov 08 and so we went to the Tribunal d'Instance in Saintes, explained the situation & showed them copies of the letters we had sent to the PB. They gave us some forms to fill in and explained what will happen. In around 4 weeks time both the PB and ourselves will receive recommended letters stating the claim and details of the claim as per the forms we filled in. Both parties will be given a date to attend the Tribunal d'Instance where a judge will hear both arguments & read all relevant documents etc.

Both parties then depart and the judge forms a decision which is relayed to both parties by post after a further 4 weeks. Both parties should accept this decision.

 If it goes in our favour then the letters to both parties will also describe how payment should be made. If the decision goes against us then we would accept this and that would be that. Our understanding is that there are no costs attached to this process.

Its a small claims court which I believe handles claims under 4,000€

[/quote]

I promised an update to my last post re our claim for the cost of water on a necessary drain & refill of our pool by the PoolBuilder who had put the liner in with creases & undulatons.(See thread)

We went to the Tribunal d'Instance in Saintes this morning. The PB was also present. The Judge listened to our case and clarified with the PB that what we were stating was fact. The PB agreed it was. The Judge then asked if both parties could come to an agreement over the dispute. The PB then said that he was prepared to pay the full amount owing. The Judge then asked  how he would like to pay and the PB said by Cheque and he would write it there in court. He wrote the cheque, the Judge checked it was for the full amount and passed it to us. The Clerk of the court took notes on this, that both parties signed. A copy of this will be sent to both parties and the case was concluded.

The action we took through this court was free accept for the Recommended letters that were sent.

Our view is that the PB believed that because we were Non French that we would not pursue our claim to the very end. When he arrived at the Tribunal and saw we were there, ready & waiting he knew that his only other option to win the case was to be in the right. He was not in the right and therefore to avoid costs, he paid.

We hope this inspires other forum members to pursue their principles and money and stop a few more builders etc of this type from believing they are immune from tribunal action.

Steve & Anne

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Totally off topic but...I was talking with a colleague today about shutting up second homes and the problems therein if you forget something and he told me about a friend of his.  The friend left a tap running when he shut up his second home...for four months.   His bill?  £50,000.  House is now on the market to pay the water bill.

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[quote user="Scooby"]Totally off topic but...I was talking with a colleague today about shutting up second homes and the problems therein if you forget something and he told me about a friend of his.  The friend left a tap running when he shut up his second home...for four months.   His bill?  £50,000.  House is now on the market to pay the water bill.
[/quote]

Whilst feeling a little sorry for your colleagues friend , I find the amount quoted a little hard too believe.

It takes me 48 hours to fill my swimming pool (75 cubic metres) and costs me roughly 84 euros.( ie 42 euros / day)

With it so far?

Multiply that by 120 days , you get 5040 euros.

Sorry couldn't resist it.

PS  I accept that some people will pay more for their water , but not 10x.

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My UK neighbour's brother in law had a similar bill from Southern Water,  he challenged it and they checked and said that he had an underground leak between their meter and his stop c0ck and that he was responsible.

Now whilst he is not Einstein a bill of that magnitude does focus ones attention, with some help he calculated that he would need a 4" water main open full bore to have consumed what they claimed, his house had not yet floated down the hill and also the vane on the meter was not turning when all taps etc turned off, do you see where this is going?............

Of course it took several years of arguing before they finally admitted it was a meter fault.

Editted.

The swear filter is getting worse, I cannot even spell c 0 c k with a zero!

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Congratulations Steve and well done for persisting.

I cannot understand people who allow companies to provide bad service and then do nothing about it. If there were more people like you Steve the bad companies would realise that they will not get away with it and hopefully improve. Those who do not complain simply encourage the bad companies

Paul

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[quote user="P2"]

Congratulations Steve and well done for persisting.

I cannot understand people who allow companies to provide bad service and then do nothing about it. If there were more people like you Steve the bad companies would realise that they will not get away with it and hopefully improve. Those who do not complain simply encourage the bad companies

Paul

[/quote]

And that does not just apply to tradesmen, Banks, local government, central government, NHS, Mp's, Police, telephone companies, gas and electric companies, internet providers, trains, planes and automobiles..........

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[quote user="Nick Trollope"][quote user="J.Rs gone native"]

The swear filter is getting worse, I cannot even spell c 0 c k with a zero!

[/quote]

In future, I propose that we refer to stoptaps and male chickens.

And, JR, get rid of that c o cking apostrophe from your user name! Bloody quote marks...

 

[/quote]

Time to show my lack of english grammar, but what is wrong with the apostrophe? I had always thought it had two uses, one "belonging" and two, "missing letters", so if the name is a shortened form of "JR has gone native" then surely it is valid? However if there are multiple JRs (Lord 'elp us), then it would be wrong. (This is a genuine query, the lack of grammar teaching at my old school still annoys me).

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Yes John I cant bring myself to change it for grammatical reasons and also because I am a stubborn so and so, one or two forum members have posted some very rude and offensive "requests" for me to change it, so for that reason alone it stays, although don't quote me on that [:D]

I dont include the last couple of comments as I found them tongue in cheek the way that they were written but it all helps to strengthen he resolve.

The reason I added the 's gone native to my original user name was after an English person said "we thought that you had gone native" in a real put down manner whereas for me it was a great compliment.

Funny how no-one takes issue with the forum for allowing grammatical characters in user names but not in the quote function [Www]

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JR

there is nothing wrong with your grammar - but when you have an apostrophe or bracket in the user name no one can use the quote facility properly. It is rejected by the forum software. So that means that if some one wants to quote you, they write their post and try to post it and they can't. If they know what the problem is - in this case, your apostrophe - then they can manually edit out of the HTML and post again. But for most of the forum users, I guess that "Non matching block quotes" means nothing so they can't properly quote you.

You could of course be "J.R has gone native" and still be grammatically correct and allow every one else to be able to quote you properly.

I hope you don't think I am being rude or offensive - just trying to explain why your apostrophe is annoying for anyone who might want to quote you.

Danny

 

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[quote user="Jane and Danny"]

JR

there is nothing wrong with your grammar - but when you have an apostrophe or bracket in the user name no one can use the quote facility properly. It is rejected by the forum software. So that means that if some one wants to quote you, they write their post and try to post it and they can't. If they know what the problem is - in this case, your apostrophe - then they can manually edit out of the HTML and post again. But for most of the forum users, I guess that "Non matching block quotes" means nothing so they can't properly quote you.

You could of course be "J.R has gone native" and still be grammatically correct and allow every one else to be able to quote you properly.

I hope you don't think I am being rude or offensive - just trying to explain why your apostrophe is annoying for anyone who might want to quote you.

Danny

 

[/quote]

Perhaps you should start a new thread on your "interesting" topic of "worms and spencences". It doesn't really belong with this one called Difficult pool builder.

Steve

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  • 2 weeks later...

Agreed Steve and congratulations for sticking to yer guns!

I would hope that I would do the same and as a matter of fact we are waiting for the result of a complaint about some roller shutters that we have had fitted, very badly fitted because although the tripple sliding window has 3 different sizes the clown who did the measuring just divided the complete length in 3.

I will not mention the name of the company who employ a Sumau wrestler in their publicity!

 

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