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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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01/04/2016 11:42Hi, Alex.Because Hanse **** has

Resolved Question:

01/04/2016 11:42
Hi, Alex.
Because Hanse **** has NOT responded to my letter (see below), I wished to start proceedings as per your suggestion. However, MCOL say I cannot use their service a), because Hanse Haus has no 'UK address' and b) I am not just asking to reclaim money (I would prefer a replacement, 'serviceable' boiler), What do you sugest as the best route to making a 'paper' claim?
Regards, Gordon
c. letter below
'Attention of Ditzel *****
HANSE **** GmbH
Ludwig-Weber-Strasse 18
D-07789 Oberleichtersbach
GERMANY
RECORDED DELIVERY 14 March 2016
HH ****** No. 14372 ********/******* – Claim in relation to: ***** ***** - cost and time expenses'
Dear Sirs,
Further to Ditzel *****'s e-mail of 10 March 2016, and my response the same day, I regret having to submit this Claim against Hanse **** for my costs relating to the maintenance of the installed Wolf heating system.
From correspondence, you will know this claim is based on the “over-complicated” installed heating system, as reported by 'specialist' heating engineers in my area, including those who deal with 'commercial' installations. This was shown last year when Darren had to reverse several 'costly' wrong decisions made by one such company (An-Elec Services Ltd). Also, 'regular' heating engineers who have previously worked on the system are now 'frightened' to touch it. There is no 'free choice' to appoint a local heating company' as you allege. You should have checked their availability before installation. Even now, you cannot find one.
If Hanse **** can now place a customer in such a difficult financial position, the standard has dropped since Bruno reassured me this could never happen.. Also, your current standard does not meet the listed 'Haus standard' of - 'Low maintenance - cost and time savings', stated in the document:- Advantage HANSE **** - Your German Construction Partner.
From the estimate already provided, my additional maintenance costs will be £720 (£600 +VAT) per 'specialist' visit over the maintenance life of the relevant parts, i.e. the Wolf boiler and its 'integral' other parts. Assuming a 10-year life, with 1 call-out per year, plus a few return visits to fit parts ordered, a realistic ADDITIONAL cost I face is £10,000. Alternatively, because I have no prospect of getting a local, competitive estimate to replace the boiler (due to the highly complex nature of its installation), Hanse **** should now arrange an equivalent, 'serviceable', replacement boiler, 'integrally' linked to the existing system, at a date to be agreed.
This Claim is submitted within 6 years of the handover of the Heating system. My records show this date was Friday 19 March 2010, the date when the contract obligations:- 'The (heating) appliance will be pressure tested for leaks, inspected, calibrated and the handed over to the client', were fulfilled by GWI. (At the House handover on 19 January 2010, GWI had not yet finished their work). This is a 'without prejudice' claim, currently excluding the additional 'cost and time expenses' already incurred as a result of the installed Wolf system not being 'fit for purpose/ serviceable'. Please note, you are required to make a decision and reply within 14 days with a payment of £10,000, or an agreement to replace the existing Wolf boiler as suggested.
Yours faithfully,
Gordon ******
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Thanks for asking for me.No you cant use MCOL but you can still issue a claim using form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfOnce its served you will also need to use form N510 to get Judgment:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n510-eng.pdfCan I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
Thank you, Alex.
Several questions:
1- Form N1 says I may do this on-line, with time/cost advantage, if 'moneyclaim' agree, but as 'moneyclaim' say they cannot advise me (for reasons already stated), what do you advise?
2- My local County Court in Reigate can only advise on paper, not digital, time/costs?
3- Form N5.10 appears to say it should be submitted jointly with N1 (not subsequently), to ensure the claim is served. Is this correct?
4- The unanswered letter I have sent constitutes, fully, 'the particulars of the claim'?
5- However, as I would wish, at some point, to claim additionally for my costs already incurred + compensation for inconvenience, etc (value approx £2K), 'how/when/where' is it best to mention this?
6- My preference is to get Hanse Haus to replace the boiler, rather than have £10K cash. Can this be a 'modification' I should now clarify as a supplement to the main letter?
7- Form N5.10 Part 2 has 9 options. Can you give any advice on 'relevance' to enable speedy submission?Regards, Gordon
Expert:  Ash replied 9 months ago.
1. No, if they are outside England and Wales then needs to be paper form2. You can post it, but it must be a paper version3. No, its after when you get Judgment4. Yes but you need to particularise it in the claim form5. You need to plead that NOW, not later6. You need to ask for an order for specific performance7. Dont worry about that yet, its the N1 at the momentDoes that help?Alex
Customer: replied 9 months ago.
Absolutely!. Thank you.
Expert:  Ash replied 9 months ago.
Great. If I could invite you to rate as always, so the site credits me for my time spent with you. Thanks in advance. Alex
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