Friend has Builder problems

oki_2

Hi all - i hope this is the right place for my query!

Basically I recommended a builder to my friend.......we had ourselves used this guy......my friend and he ran into problems......i tried to mediate but neither party appeared willing to resolve the issue. As you can imagine the legal eagles are now involved......I have had no further part to play in any sort of resolution......the builder claims to be owed money by my friend and my friend claims to be owed money by the builder.

Thats the scenario in a nutshell. Today I have received a letter from a solicitor at 'moduslegal' who wants me to contact him and provide a witness statement on behalf of the builder.

I do not want to be a party to any claim or counter claim between the parties. I was foolish enough to make a recommendation - although I had no problems with the builder.

My question is does anyone know if I am legally bound to make a statement? all input is greatly appreciated.

Ionkontrol

You are not legally bound to make a statement, it's a civil matter. If you do, expect one or both to never to speak to you again....LOL

Why are they asking you to make a statement, and what about?

oki_2

the letter reads

"i should be grateful if you would agree to me taking a witness statement from you, principally in respect of your attempts to assist to mediate the situation in the hope that the matter can be resolved on an amicable basis without the need for court action"

I hope that clarifies any issues.

usignuolo

Maybe you could write a basic statement of your involvement, no bias and offer it to both sides while stating you do not wish to be a witness for either side.

brownbake

Please leave well alone. This is not what the lawyers or builders want but for a "witness statement" that will in effect support the builder however it be worded, because of the simple fact he has an "independent" witness and your friend doesn't.

You do not want to get involved. Explain what has happened to your friend and you are sorry but you do not want to get involved. Also write a well worded but firm letter to the solicitors stating that you don't want to get involved.

It doesn't matter if you had a good experience and your freind didn't. It is between them and although unfortunate they were under no obligation - no one was. Leave it.

brownbake

Seriously - what solicitor at £60 + per hour wants no court action? Someone will be charged at whatever outcome for taking your statement etc.Even if you write a letter that will be wangled into the costs but is the only surefire to distance yaself fully.

oki_2

thanks all - I am not going to get involved and not going to respond in any to the solicitors letter. I just wanted to confirm what my legal obligation was. once again thanks