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Howdens Traders passing on discount - Scam??

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  • jillytb
    jillytb Posts: 71 Forumite
    robert2011 wrote: »
    Ok folks, the reason my clients raised a civil delict(tort in England) against me was the same as Jilys case,ie when jily found out how much profit the fitter made she went mad ! she cried wolf ! Jily like my 3 clients had no legal base for compensation as they all never had a signed contract document to prove that they/she was not lying, End of Story.
    I have traded for around 20 years only 3 cases raised against me ! not bad !
    Lesson = if its not in writing it does not exist. I have never lied to win any job, yes some builders do thats life . Caveat Temptor = let the buyer beware !

    Robert, your three client's are not like me, they lost. On what grounds did they feel they should make a claim against you? Did you ever promise them that you would get the materials at "trade price", did you ever provide different sets of paperwork? I am just trying to ascertain why you compare your cases to mine, I went to court and I won as my builder misrepresented the facts, we had "two agreements" which I submitted as part of my claims and I won for all the claims I made. How can you say this compares with your cases?
    Unlike you, I would say three claims against you is not good, is there something else you have left out as you havent really said much!
    AndrewB you won't have to wait until 2013 but right now I am not going to release the details whilst the details are under investigation, those that don't understand that can say all they want.
  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    no matter what information robert posts, it will be impossible to see if his are the same as yours, as you will not say what you actually "won"
    your case is not still under investigation, you have already said you won, that means the case is concluded, you are persuing a further case which has no bearing on a previosuly concluded case -therefore there is absolultey no reason whatsoever why you can't say the date and location of the concluded case (or is there....?)
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Leif
    Leif Posts: 3,727 Forumite
    robert2011 wrote: »
    Ok folks, the reason my clients raised a civil delict(tort in England) against me was the same as Jilys case,ie when jily found out how much profit the fitter made she went mad ! she cried wolf ! Jily like my 3 clients had no legal base for compensation as they all never had a signed contract document to prove that they/she was not lying, End of Story.
    I have traded for around 20 years only 3 cases raised against me ! not bad !
    Lesson = if its not in writing it does not exist. I have never lied to win any job, yes some builders do thats life . Caveat Temptor = let the buyer beware !

    Robert, thank you. I note that you you have never lied to win a job (good for you) but that is not the same as the OP's case. In your case the clients were upset at the amount of profit you were making, but as you did not lie, it is as you say a case of caveat emptor. That is the way of the world.

    In the OP's case the builder did lie, so it is not the same. And either the OP had paperwork proving that he lied, or she was able to build a convincing argument that he lied.
    Warning: This forum may contain nuts.
  • Hi Jilly, my clients raised a case against me because they found out i made a very healthy profit on the 3 occasions for my material mark up.They were upset i did not inform them on the big profit i made for supplying the materials. ! yet they agreed on the contract sum price.
    Sorry i do not believe you won your case jilly ! until i see your story on the tv or national press. English law wont change for 1 angry woman
  • jillytb
    jillytb Posts: 71 Forumite
    edited 22 August 2011 at 7:51PM
    robert2011 wrote: »
    Hi Jilly, my clients raised a case against me because they found out i made a very healthy profit on the 3 occasions for my material mark up.They were upset i did not inform them on the big profit i made for supplying the materials. ! yet they agreed on the contract sum price.
    Sorry i do not believe you won your case jilly ! until i see your story on the tv or national press. English law wont change for 1 angry woman

    was it one client and three cases or three clients and one case, I still don't understand why they would go to the lengths of court action without evidence.
    Sorry Robert I don't believe you as what you say makes no sense from the start.
    I know it must be hard for a trader like you to accept that a woman, angry or not, can actually take action and possibly change the way in which people are mistreated and taken advantage of by greedy builders.
    Your descriptions of me "cried wolf" indicates you resent what I have done, I even suspect moreso because i am a woman!!!!

    One question, why do you think me winning this case is newsworthy? Concerned like some of the other traders that it might affect, explains the resentful posts I keep getting from just a few of you!
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    This is all becoming a load of b!ll!cks now.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • You totaly misunderstand law Jilly ! your case is the same as mine as you accepted the fitters "quote" which is the same as a "contract sum" which my 3 different clients agreed to in writing. Now please read what i say THE ARBITRATOR ADMONISHED THESE ACTIONS AGAINST ME ON 3 DIFFERENT OCCASIONS AS THE PERSUERS HAD NO LEGAL CLAIM AGAINST ME they were ignorant of law and ill advised by ignorant people .
    I am not suggesting you are ignorant far from it :) The reason this case would make the TV news and all newspapers is it would put millions of people out of Biz ,ie butchers,NiKE,builders etc If all businesses supplied there goods at thier own cost it would be like comunism a stagnant economy no incentive to prosper or invent.
  • jillytb
    jillytb Posts: 71 Forumite
    robert2011 wrote: »
    You totaly misunderstand law Jilly ! your case is the same as mine as you accepted the fitters "quote" which is the same as a "contract sum" which my 3 different clients agreed to in writing. Now please read what i say THE ARBITRATOR ADMONISHED THESE ACTIONS AGAINST ME ON 3 DIFFERENT OCCASIONS AS THE PERSUERS HAD NO LEGAL CLAIM AGAINST ME they were ignorant of law and ill advised by ignorant people .
    I am not suggesting you are ignorant far from it :) The reason this case would make the TV news and all newspapers is it would put millions of people out of Biz ,ie butchers,NiKE,builders etc If all businesses supplied there goods at thier own cost it would be like comunism a stagnant economy no incentive to prosper or invent.

    Easy Robert, I WON MY CASE AGAINST THE BUILDER, I am a consumer and you are a trader, different sides of the coin. You assme I know nothing but it is you that does not understand what happened, god knows I have written enough but you clearly have not read the detail.

    I WON my civil claims, the judge believed me based on my evidence and testimony. I doubt my win will affect Nike but it has affected the conman builder I took to Court!

    Profit and fraud two different things! OVERANDOUT!
  • Jilly you do misunderstand me ! i realy do admire your tenacity and determination.
    I would love to have someone like you work for me . But your wrong i am aslso a consumer ! we all are consumers ,the problem is most of us have overconsumed, spent beyond our means thats why the economy is in such a mess. Thats not true i assume you no nothing , i can only go on case precedents. Maybe i am wrong ! i would be happy to be if it meant your lying fitter got his just deserts.
  • keystone
    keystone Posts: 10,916 Forumite
    Jilly

    A couple of questions if I may - both have yes or no answers and neither infringe on your need to keep the details of the case to yourself.

    1. Did you take action against your contractor through the small claims process in the county court?

    2. If the answer to question 1 is yes did he turn up for the hearing to present evidence in his defence?

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
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