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  • FIRST POST
    • cococlown
    • By cococlown 9th Mar 17, 5:22 PM
    • 26Posts
    • 0Thanks
    cococlown
    How long to take to court
    • #1
    • 9th Mar 17, 5:22 PM
    How long to take to court 9th Mar 17 at 5:22 PM
    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
Page 1
    • Aylesbury Duck
    • By Aylesbury Duck 9th Mar 17, 6:22 PM
    • 1,143 Posts
    • 1,420 Thanks
    Aylesbury Duck
    • #2
    • 9th Mar 17, 6:22 PM
    • #2
    • 9th Mar 17, 6:22 PM
    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
    • By LaurenHeath123 9th Mar 17, 10:35 PM
    • 108 Posts
    • 27 Thanks
    LaurenHeath123
    • #3
    • 9th Mar 17, 10:35 PM
    • #3
    • 9th Mar 17, 10:35 PM
    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
    • By Aylesbury Duck 10th Mar 17, 9:25 AM
    • 1,143 Posts
    • 1,420 Thanks
    Aylesbury Duck
    • #4
    • 10th Mar 17, 9:25 AM
    • #4
    • 10th Mar 17, 9:25 AM
    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
    • By cococlown 19th Mar 17, 10:43 AM
    • 26 Posts
    • 0 Thanks
    cococlown
    • #5
    • 19th Mar 17, 10:43 AM
    • #5
    • 19th Mar 17, 10:43 AM
    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
    • By FreeBear 19th Mar 17, 10:57 AM
    • 1,378 Posts
    • 1,943 Thanks
    FreeBear
    • #6
    • 19th Mar 17, 10:57 AM
    • #6
    • 19th Mar 17, 10:57 AM
    So I am wanting to pass the bills onto him now, how long do I give him to pay before resorting to court action.
    Originally posted by cococlown
    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.

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
    • cococlown
    • By cococlown 19th Mar 17, 2:50 PM
    • 26 Posts
    • 0 Thanks
    cococlown
    • #7
    • 19th Mar 17, 2:50 PM
    • #7
    • 19th Mar 17, 2:50 PM
    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
    • By societys child 19th Mar 17, 4:15 PM
    • 4,823 Posts
    • 5,261 Thanks
    societys child
    • #8
    • 19th Mar 17, 4:15 PM
    • #8
    • 19th Mar 17, 4:15 PM
    I'm pretty sure bailiffs can't take his works van (or tools)

    • Annie1960
    • By Annie1960 19th Mar 17, 6:00 PM
    • 2,676 Posts
    • 1,492 Thanks
    Annie1960
    • #9
    • 19th Mar 17, 6:00 PM
    • #9
    • 19th Mar 17, 6:00 PM
    Check your household and car insurance to see if you have legal cover that might help you with this claim.
    • cococlown
    • By cococlown 21st Mar 17, 7:19 PM
    • 26 Posts
    • 0 Thanks
    cococlown
    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
    • By MX5huggy 21st Mar 17, 8:22 PM
    • 4,069 Posts
    • 2,654 Thanks
    MX5huggy
    You don't need to send letters recorded, proof of postage using 1st class is all that is required legally.
    • Annie1960
    • By Annie1960 22nd Mar 17, 4:05 PM
    • 2,676 Posts
    • 1,492 Thanks
    Annie1960
    You don't need to send letters recorded, proof of postage using 1st class is all that is required legally.
    Originally posted by MX5huggy
    Just what I was going to suggest.

    Take letter to PO and ask for free proof of posting. Just pay for stamp and keep receipt.
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