How long to take to court

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cococlown
cococlown Posts: 46 Forumite
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in In my home (includes DIY) MoneySaving
I will be sending a bill to someone that originally did some work for me around the house that was seriously flawed.
Have had work redone, have already informed last builder I would be passing the repair bill on to him when he did not return to finish work off.
How long do I give him to settle the bill from sending the bill to him to going to court please.
Thanks Steve
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  • Aylesbury_Duck
    Aylesbury_Duck Posts: 14,074 Forumite
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    When you wrote to the first builder, how long did you give him - in writing - to rectify the flawed work?

    Did he exceed that time frame? Did he not respond at all?

    Did you notify him - in writing - that as a result, you would be employing a second contractor to correct the faults and that you would pass on the bill? If you did, what time constraint did you put - in writing - for him to pay the bill?

    I'm not saying you're not within your rights to pursue this, but to give yourself the best possible chance, you need to have done all this properly, in writing and with reasonable deadlines.
  • LaurenHeath123
    LaurenHeath123 Posts: 113 Forumite
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    There are Civil Procedure Rules which must be strictly abided by in order to take a civil matter to Court. You must be seen as taking all necessary steps to keep the matter out of the court and to be 'reasonable' in your approach i.e. giving plenty of time to respond etc.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 14,074 Forumite
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    Indeed. That's why I asked what correspondence you have sent and kept. It would all be necessary to give you a good case.
  • cococlown
    cococlown Posts: 46 Forumite
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    Hi, sorry for late reply.
    I have given him a month by letter to repair the faulty work, otherwise I would get some one else to do it and pass the bill onto him.
    He has had about 6 weeks prior to that, where he has said he will come to rectify the work but never shown up.
    The work has been done and I have the bills now.
    He has had loads of chances to remedy the faults but has just given me excuses.
    So I am wanting to pass the bills onto him now, how long do I give him to pay before resorting to court action.

    Rgds Steve
  • FreeBear
    FreeBear Posts: 14,686 Forumite
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    cococlown wrote: »
    So I am wanting to pass the bills onto him now, how long do I give him to pay before resorting to court action.

    14 days is typical. Allow a couple of days for posting, and give him a specific date to pay by. If no response is received (again, allow a couple of days after the deadline), submit the claim via MCOL.

    BUT before you do.... Builders have a reputation for being slippery characters and quite often have little in the way of assets in their own name. Check to see if he has any money and/or assets before embarking on legal action especially if it is a large claim.
    Her courage will change the world.

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  • cococlown
    cococlown Posts: 46 Forumite
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    Thank you for your reply.
    Will give him 28 days.
    I don't want to seem to be unreasonable when it goes to court.
    How do I check to see what assets he has??????
    He is not a ltd company so I presume just a sole trader.
    He has or used to have a sports motor bike and he has a van.

    Thanks Steve
  • societys_child
    societys_child Posts: 7,110 Forumite
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    I'm pretty sure bailiffs can't take his works van (or tools)
  • Annie1960
    Annie1960 Posts: 3,002 Forumite
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    Check your household and car insurance to see if you have legal cover that might help you with this claim.
  • cococlown
    cococlown Posts: 46 Forumite
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    Good point re insurance will check over weekend, Maybe house insurance might cover something as well.
    The post office have tried to deliver letter to no avail, its currently sat at PO awaiting collection.
    How do you go on if they don't pick up letters sent to them by recorded delivery.
    Thanks Steve
  • MX5huggy
    MX5huggy Posts: 6,855 Forumite
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    You don't need to send letters recorded, proof of postage using 1st class is all that is required legally.
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