Small claims advice needed please. re:builder/repair works

davemorton

After some advice please. A few months ago a builder decided to start doing some work on my house (dig part of my concrete drive up). They had got the wrong house, they were meant to be doing the work at a house a few doors up.
They agreed to repair the damage they had caused (even though it would make my drive now look patchy!). After waiting a month for the work to be done, I wrote to them asking it to be completed within 14 days, still no response. So I again wrote to them giving them notice of intent to claim the funds need to repair it through the county court if I did not hear from them within 7 days. Still no reply.
I was about to fill the claim forms in some time this week, when a note was put through my door asking me to get in touch with them re: repairing the drive, and saying that they had not been in touch with me because they did not have my tel. number..

Question is, do I have to let them make good their damage, or could I still go to court to get the money to employ a builder of my choice (after getting 3 different quotes of course)?
I am just worried that if I take this to court, that the judge will say I did not give them a chance to fix it (which I did). But to be honest I dont really want them working on my property.

Sorry for the long post, and thanks for any replys.

davemorton

Shameless bump Anyone??

benji1983

i would let them do the work TO YOUR SATISFACTION.
if it isnt repaired to the standard it was before their mistake, id look at putting a claim in then to get a more professional job to put right what these guys did wrong.
but thats just me. on the other hand,you have given them every chance to put this right til now. why didnt they put this note through your door from day 1? sounds like the balls in your court. if your worried the courts may feel that way, give the builders the benefit of the doubt.

davemorton

Think you are possibly right Benji, guess I will have too.

benji1983

davemorton wrote: »

Think you are possibly right Benji, guess I will have too.

you never know, they may do a top job! just remember, its your driveway and their mistake. dont let them get away with a bodge job. even if theres a huge patch that stands out where its been dug up, if your not happy, then dont sand for it. if it looks too bodgy, it may require the whole driveway done again if cant be salvaged. i hope it works out ok for you good sir.

cleo1299

davemorton wrote: »

Question is, do I have to let them make good their damage, or could I still go to court to get the money to employ a builder of my choice (after getting 3 different quotes of course)?
I am just worried that if I take this to court, that the judge will say I did not give them a chance to fix it (which I did). But to be honest I dont really want them working on my property.

I could be wrong but I don't think you have to give them a chance to put right the damage they did. I think that only applies when you have a contract with them for work to be done. In this case you didn't have any contract with these guys, they just turned up out of the blue and damaged your property through their mistake and no fault of yours.

But taking them to court might not be the best way to go. Say you took them to court, you would have to pay the costs upfront and then assuming you won, the court would presumably award you damages and costs. But you might not be able to collect. That would leave you even more out of pocket than you already are.

If it was me, I would first of all ring Consumer Direct and ask them for advice. Their number is 08454 040506. They work with Trading Standards Officers, who might already know something about these builders, if they make a habit of going around damaging other people's property.

Good luck.