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  • FIRST POST
    • kaya
    • By kaya 23rd Feb 17, 8:45 AM
    • 2,344Posts
    • 2,724Thanks
    kaya
    Cowboy Builders and smalll claims courts
    • #1
    • 23rd Feb 17, 8:45 AM
    Cowboy Builders and smalll claims courts 23rd Feb 17 at 8:45 AM
    Morning!
    I won't bore you with the details too much but we have just parted ways with our builder, sent him a letter recorded delivery informing him that i am instructing another builder to complete the work he has refused to do, checked two jobs, spoke to the owners, got a written quote wih his home address, phone number and name on, made him sign for the cash he had so i think we dotted the i's and crossed the t's. His paperwork is all in his personal name and home address so there is no company for him to close to avoid any judgements and i know he has penty of equity in his house to recover debts from.
    Aside from walking out before the job is done he has completley destroyed my driveway, failed to follow the architects spec sheet and missed out on insulation, failed to fit a vapour proof layer under all the insulation so most of the roof will have to come off and be redone (once again this is in the architects spec sheet he agreed to work to in his written quote), fitted an underfloor heating system that has now been tiled over that will not in any way meet building regs( as i understand it the building control people can make me have it ripped up if i inform them of its existence)
    The remedial works will probaly exceed the 10k max allowed in the small claims court but i am disabled and don't have access to funds to pay costs in the mainstream courts(just handed over my 60k savings to bob the chuffing builder). he took over 7 months to "not complete" a 3 month job and has failed to meet building regson several points, fortunatly being disabled i have been around to see that the building control people have checked all the footings and floors/steelwork etc so i know they are ok.
    My questions being due to the poor standard of his work i don't want him back here to rectify the faults and is there a limit to how many small claims i can make against him? can i take him to court for the remedial roofing work and then use the system again for the driveway and heating? also what happens during the work? it will probably involve the roof being removed and replaced which isn't to intrusive but ripping up my kitchen floor and tiles (it has a brand new 15k kitchen just fitted) isn't something i want to be present for, stress is a huge affectting factor with my health and the last 7 months have really taken their toll, it got so he was arriving at 9.30, smoking half a packet of cigarettes then popping off for breakfast between 10.30 and 12 and going home at 2.30 every day. He left chisels, suerglue, aerosols and even stanley knives and blades all over my home during the work and i have a 3 year old(fortunately well behaved).
    Will i be restricted to claiming once or can i make several smaller claims?
    Last edited by kaya; 23-02-2017 at 8:48 AM.
Page 4
    • GrumpyDil
    • By GrumpyDil 13th Jul 17, 7:40 PM
    • 71 Posts
    • 47 Thanks
    GrumpyDil
    Annie1960

    I've read this thread with some interest and note your warnings against getting a specialist report which I do find a tad surprising given I don't see how I could make a decision about legal action without having such a report in this sort of case.

    Would you mind posting a link to that particular guidance please
    • teneighty
    • By teneighty 14th Jul 17, 1:07 PM
    • 986 Posts
    • 683 Thanks
    teneighty
    You can get a specialist report to help you decide if you have a case.

    I believe the rules Annie referred to only apply if you want an expert witness to appear or submit evidence at the court case then you need the Courts permission and I believe you are restricted how much of their fee you can reclaim.

    http://formfinder.hmctsformfinder.justice.gov.uk/ex306-eng.pdf page 7 mentions it.
    • GrumpyDil
    • By GrumpyDil 14th Jul 17, 5:14 PM
    • 71 Posts
    • 47 Thanks
    GrumpyDil
    Thanks.

    That's what I understand but Annie was giving dire warnings about harming your case if you get a report without the court's permission and that's what I wanted her to link to as I think she is giving out somewhat misleading information
    • Furts
    • By Furts 14th Jul 17, 5:48 PM
    • 3,479 Posts
    • 2,178 Thanks
    Furts
    Thanks.

    That's what I understand but Annie was giving dire warnings about harming your case if you get a report without the court's permission and that's what I wanted her to link to as I think she is giving out somewhat misleading information
    Originally posted by GrumpyDil

    I second this. As an example, take a dispute I was involved with. I was unhappy with some work costing towards £10000. I said to the contractor, "let us go to a third party, get an independent decision, binding on both of us, and we meet the costs equally" A report was written, costing £400, split equally, and we settled on this. No need for lawyers, solicitors, courts, judges, administration, delays or whatever. It was all settled within a week. But had matters headed towards Court I would have needed something like this before I ever decided court was to be the last resort.


    Annie and I are totally opposed in our approaches. I say draw up specifications, get working drawings and be professional. Then discuss, negotiate, use common sense, be savvy, and be accountable.
    • WorriedWarrier
    • By WorriedWarrier 20th Sep 17, 2:35 PM
    • 1 Posts
    • 0 Thanks
    WorriedWarrier
    Well done Kaya!
    I am so happy for you Kaya and your success gave me a hope to win against to a cowboy who ripped us off! Could you please give me your advise on what to do step by step to achieve a successful result please. Many thanks
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