At 10:10am, I went
to The White Horse Inn and met Mr. Luke Cook, the General Manager, to price up for the work
they required doing on the premises during the week commencing Monday, 26 June
2006.
Saturday, 10 June
2006
At 4:00pm, I
received a telephone call from Mr. Luke Cook, the General Manager, asking if I would lower my
quote and I would receive the yearly contract, to which I agreed.
Thursday, 22 June
2006
I received a
telephone call from Mr. Luke Cook, the General Manager, asking if I had received the letter
accepting my quote. My response was that I would have to telephone home to find
out if it had arrived as I was at work. So I telephoned my wife, and was told
that a letter had arrived from the White Horse, so I telephoned Mr. Luke Cook, the General
Manager back and confirmed that it had arrived, and told him that as I was at
work I wouldn’t see it until later.
I didn’t sign and
return the copy, because I didn’t agree to it, as the job specification had
grown immensely, and if I had have carried out the work at the quoted price, I
would have been working at a loss.
Monday, 26 June
2006
Mr. Luke Cook, the General
Manager approached me and asked if I could also re-stain the woodwork, and said
that he would pay extra for it to be done. I said yes, it would be added on with
the rest of the extras. This was witnessed.
The original work
was quoted for 2 days labour, and I worked on the premises:
Monday, 26 June 2006
9:00am –
9:00pm
Tuesday, 27 June 2006
9:00am –
10:00pm
Wednesday, 28 June
2006
9:00am –
4:00am
Thursday, 29 June
2006
9:00am –
2:00pm
Whilst I was
working on the premises there was a firm installing several air conditioning
units and another installing CCTV cameras, which I had to make good the damage
done during installation.
Wednesday, 28 June
2006
I was asked to be
present at 2:00pm on Thursday, 29 June 2006, so that Mr. Luke Cook, the General Manager and his business
partner, Mr. Martin Walker could check the work and any ‘snagging’ could be listed and corrected.
Thursday, 29 June
2006
I was present at
2:00pm, and so was Mr. Luke Cook, the General Manager and his business partner,
Mr. Martin Walker, but they
totally ignored me and I checked for any ‘snagging’ and corrected them. Then
they both left the bar area and went upstairs to the office.
When I had
finished, I called from the foot of the stairs numerous times, for them to come
down, so that I could give them my invoice and be given the cheque for the
completed work, but again I was ignored, this was witnessed and I left the
premises at 2:30pm.
At approx 7:30pm,
I received a telephone call from Mr. Luke Cook, the General Manager saying the stain/varnish
hadn’t dried, and I returned to the premises at 8:30pm. I took a witness with
me. I instructed him to get some heat in the place as it was too cold with the
air-con on, and Mr. Luke Cook, the General Manager kept trying to get me to say he could
re-open at a certain time, but I didn't. I could see where he was trying to
head, and so did my witness.
He was due to have
a promotion party at 7:00pm, and he told me that he had to cancel it, but he had
actually postponed it to the Friday night (photographs were taken as evidence).
Friday, 30 June
2006
I was recalled
again due to the stain/varnish still not being dry. I arrived at the premises at
6:50pm and took a second witness with me. The public house was so cold the hairs
on our arms were stood on end, but outside we were having a heat wave. Parts of
the stained woodwork were dry where heat had been able to dry it, from the sun
shining through the windows, but other places were still tacky. I instructed him
to turn the aircon off and get some heat in the place as it was still like a
fridge. He said he had left the aircon on full all night to try and help it dry,
I replied that he had done the opposite and had prevented it from drying.
Mr.
Luke Cook, the
General Manager once again kept trying to get me to say he could re-open at a
certain time, but I didn't. Again I could see where he was trying to head, and
so did my new witness.
Again he told me
that he had to cancel the party, but he had postponed it again, to the Saturday.
Saturday, 1 July
2006
I was recalled due
to the stain/varnish still not being dry. I took the first witness with me
again. Mr. Luke Cook, the General Manager wanted me to sand all the stain/varnish off, so he
could re-open, and I told him that it would only make matters worse. I
instructed him again to turn the air-con off and open the doors. He replied that
he couldn’t open the doors, as customers would start to come in, so I suggested
that he barricade the doorways, and he instantly ordered his staff to open all
the doors and put tables in the doorways whilst I was present to let some air &
warmth in, later that day I was informed by a customer of his that he had
re-opened within an hour of me leaving and the place was busy.
Friday, 11 August 2006
I received 2 letters from
Mr. Luke
Cook, the General
Manager; one is claiming that I was in breach
of contract and negligence, and that he was requesting recompense of a
conservative estimate of losses of £4,800.00, the other refers to me not
responding to previous correspondence, of which I didn’t receive.
I was given the
postal tracking numbers, and have found out that Mr. Luke Cook, the General Manager has the
letters.
I started this
project under the agreement that payment by business cheque would be received
on completion of the work.
Monday, 14 August 2006
I sent copies of all correspondence to my
insurance company, with full details explained in a letter.
Tuesday, 25 August 2006
I received a letter from a solicitor, that had
been instructed on behalf of my insurance company, to investigate the claim.
Monday, 9 October 2006
I received a visit from the solicitors and I gave
a statement regarding the insurance claim.
Wednesday, 7 March 2007
I employed the services of a debt collection
agency to recover the outstanding invoiced amount.
Monday, 16 April 2007
I received an email from the debt collection
agency, stating that they had ignored the letters sent, and a personal visit
will be the next step.
Thursday, 19 April 2007
I sent an email from my personal email address,
as emails from my business email address receive no response (possibly blocked
my email address to stop the weekly invoices).
I am enquiring as to why your bill still hasn't been
settled
All correspondence have been passed onto a solicitor,
and a debt collection agency
You are ignoring emails, reminders and letters
You can't ignore their visits
I would like to know what you are going to do to
resolve the matter
If the debt collection agency doesn't recover my
money, the next step will be through the courts
You have had work done, you haven't paid for it, and
the paint & stain is still legally mine
Do I need to make arrangements for the removal of my
property from your premises?
I received a letter from
Mr. Luke
Cook, the General
Manager; claiming that the recompense is
still unresolved, that they have received none of the requested details, or
payment of the
'conservative' amount £4,800.00, which he now calculates to £4,802.30 and that
it has now gained interest of £313.61,
making a total of £5,115.91
In the letter
Mr. Luke
Cook, the General
Manager also wrote;
"I respectfully ask you take off
immediately all of the false information contained on your web page"...
"Failure to remove the image and all information pertaining to the White
Horse Inn contained in your website by 5pm, Tuesday 24 April
2007 will result in further legal proceedings being taken against you."
At 7:20pm, Tuesday 24 April 2007 I
opened an email from
Mr. Martin Walker, business partner of
Mr. Luke
Cook, the General
Manager, which says exactly the same as the letter;
Dear Mr Beattie,
Further to your email received 19 April 2007.
Firstly, I would like to say that although this matter still remains unresolved, I would like to stress, once again, that we at the White Horse Inn would much prefer to settle this in an amicable way.
This said however, I am fully prepared, as stated in previous correspondence, to take any legal proceeding necessary to recover the loss incurred by ourselves caused by your breach of contract through negligence.
Despite the requests in previous correspondence, we have received none of the requested details or for that matter, any form of a response.
The total amount calculated as owed to us for loss of bar income and actual costs is a conservative
£4802.30. Plus, as I have been deprived of this money I have calculated
£313.61 interest at the statutory rate, the amount the court will award.
I therefore ask that you repay me the full amount of
£5115.91. I have attached a full schedule of the costs and interest with this document.
I must inform you that failure to pay within 14 days will result in a claim being submitted for the full amount, together with interest up to the date of judgement and court fees in the proceedings through the County Court.
Furthermore, I respectfully ask that you take off immediately all of the false information contained on your web page to which you sent me a hyperlink in your email dated 19 April. Moreover, you are using a copyrighted image which you have obtained illegally and without permission.
Failure to remove the image and all information pertaining to the White Horse Inn contained in your
website by 5pm, Tuesday 24 April 2007 will result in
further legal proceedings being taken against you.
I look forward for a full response to this letter within 14 days.
Yours Faithfully,
Luke Cook
General Manager
CC - BII Solicitors; Jim Walker; Mr A Beattie (via email: uk_rabbiter@yahoo.co.uk)
Schedule of Total Monies
Owed
Date
Description
Cost
Interest
Total
29-Jun-06
Staff Wages
£243.65
£15.95
£259.60
29-Jun-06
Door
Supervision
£160.00
£10.47
£170.47
29-Jun-06
Event Point
of Sale
£295.00
£19.31
£314.31
29-Jun-06
Loss of Bar
Income
£1200.00
£78.55
£1278.55
30-Jun-06
Staff Wages
£243.65
£15.90
£259.55
30-Jun-06
Door
Supervision
£160.00
£10.44
£170.44
30-Jun-06
Loss of Bar
Income
£2000.00
£130.48
£2130.48
01-Jul-06
Loss of Bar
Income
£500.00
£32.51
£532.51
Total
£4802.30
£313.61
£5115.91
As this web page is a true and full account of my dealings with the White Horse Inn, there is
NO 'false information' on this webpage,
so there is
NOTHING to remove.
Saturday, 12 May 2007
I received a claim form from Northampton County
Court dated 11 May 2007 on behalf of
Mr. Luke
Cook, the General Manager, which says the particulars of the claim to be;
The defendant fully accepted a written
contract from the claimant (dated 15-06-06) for the interior decoration of
the White Horse Inn. Which stated all works were to be completed no later
than 5pm on 28-06-06.
The work was in fact completed by the
defendant after 1pm on 29-06-06.
Many of the surfaces painted or stained by
the defendant did not dry until after 1pm on 01-07-06 meaning the claimant
could not trade until after that time.
The defendant was in breach of his terms of
contract.
The claimant seeks to claim for all costs
incurred, including loss of business.
Under the County Courts Act, the claimant is
entitled to interest of 8% per annum from the date they were deprived of the
money. This totals £331.49, accruing at the daily rate of 0.021% until
judgement or payment.
The claimant asks the court to enter
judgement in their favour for £4802.30 plus interest, totalling £5133.79.
All correspondence have been forwarded to my
insurance company.
Monday, 14 May 2007
I received an email from the debt collection
agency
"our collectors have continued with
their personal visits. Unfortunately, the response from the debtor has been
minimal and we have received very little in the way of co-operation. Our legal
dept. have recently forwarded the threat of default and blacklisting of the
address and personal details."
Thursday, 31 May 2007
I received a letter from my insurance company stating that they had written
to Mr. Luke Cook, the General Manager, on 22 August
2006, requesting details of their claim against me. To which they received no
response, and Mr. Luke Cook, the General Manager,
has made no formal claim against me.
Yet on 24 April 2007, Mr. Luke Cook, the General Manager stated;
"Despite the requests in previous correspondence, we have received none of the requested details or for that matter, any form of a response."
I have responded to their claim against me, and am now in the process of
suing Mr. Luke Cook, the General Manager, for
breach of contract
with a counter claim against him for;
invoice + surcharges
£9,338.77
debt collection fees
£350.00
court fees
£250.00
making a total of
£9,938.77
Friday, 7 June 2007
I received a Notice of Transfer of Proceedings to the Halifax County Court.
Mr. Luke Cook, the General Manager, will also
have received his today.
Monday, 25 June 2007
I arrived at the premises at 8:45am to carry out the redecoration as was
agreed as the
yearly contract.
There was no reply to my knocking on the door, yet lights were on inside.
I left at 8:50am, and have written a letter to Mr. Luke Cook, the General Manager,
stating that his further breach of contract will also
be pursued in court.
And the work now reverts to the original pricing.
Monday, 25 June 2007
Dear Mr. Cook,
On Monday 25th
June 2007, I attended your premises to commence work on the yearly
contract as was agreed.
As no-one was present
to allow me access to fulfil the yearly contract, and as there has
been no formal notice of cancellation, I shall be filing for breach
of contract on this matter also.
Due to the yearly
contract being broken, I enclose your statement which now reverts
back to the original quote, and includes all the extra work you
added on, plus the weekly surcharges accumulated to date as was stated
on the original invoice dated 29th June 2006.
Yours sincerely
Andrew Beattie
Andy Beattie Painter & Decorator
Saturday, 7 July 2007
I received a Notice of Directions Hearing to take place on 21 August 2007, at
the Halifax County Court.
Mr. Luke Cook, the General Manager, will also
have received his today.
Tuesday, 21 August 2007
I attended the preliminary court hearing, at the Halifax County Court, as did
Mr. Luke Cook, the General Manager and his business
partner, Mr. Martin Walker.
I was informed that I couldn't claim for the Debt Collection Agency fees, or
the surcharges, as they weren't on the original contract.
Mr. Luke Cook, the General Manager and his
business partner, Mr. Martin Walker, were asked why
they hadn't disputed my counterclaim for almost £10,000, they looked at each
other and shrugged their shoulders, and were told
"as they hadn't disputed it, they had accepted the claim against them
and that they could be liable for the total claimed."
We have been given 6 weeks to re-file, and if either claims has a mistake,
the error will throw the case against them.
Mr. Luke Cook, the General Manager and his
business partner, Mr. Martin Walker, now have to
re-calculate exactly what they are claiming against me, or they
automatically lose the case and will be liable for all costs incurred.
Saturday, 8 September 2007
I received a General Form of Judgement Order
I now have until 4:00pm on 24 September 2007 to fully quantify the
counterclaim.
Mr. Luke Cook, the General Manager and his business
partner, Mr. Martin Walker, has until 4:00pm on 8
October 2007 to file a defence to the counterclaim.
Both parties shall file and serve evidence from all witnesses on which they
rely by 4:00pm on 22 October 2007.
Monday, 10 March 2008
The White Horse Inn has now closed!
The premises are now empty and UP TO LET
This seems convenient with the court case scheduled for the last week of
April 2008.
My invoice (which was reduced on the proviso of the yearly contract) of
£989.87 is
STILL
outstanding for this project, and as the yearly contract has been broken by the
customer, it now reverts to the original of £1,069.87