Please advise - it's all gone SO wrong

Britwife

I wish you all the best with your letter and hope that you can get somewhere.

Take a look at this very informative website for quality builders. They have to earn this mark from the government.
http://www.trustmark.org.uk/

Also, read this....I'm pointing out the highlighted area

What To Do If You’re A Victim Of A Cowboy Builder

Sometimes, though, the cowboys do win, and the building work is a shambles. What should have been wonderful construction work is a mess, and the builders have moved on. What can you do?
What they’ve done constitutes fraud, so you should complain to the police, giving them as much information on the builder as possible. Also complain to Trading Standards, which takes a very harsh view of rogue traders.
If you can track down the cowboy builder and he refuses to refund your money, take him to court. In the event of a small job, small claims court will likely suffice, and won’t cost you much. In the event of a big job, though, you will be looking at some hefty legal bills. Either way, it’s a lot of problems, and you still need to employ a proper builder to do the work correctly. The best solution, always, is to take the time and find someone who’ll do it right the first time.

Can't remember if you said you reported him to the police as I do remember you saying he didn't do anything illegal (he did) and also did you report him to trading standards?

Oh, and nice to meet you Mike. I think it was admirable to say you are male instead of continuing on as Lisa.

lisawaters

And for good measure I've written to the county court on a couple of points, the second being that I didn't like the comment the judge made in front of the builder at the last hearing:

Dear Sir

Reference *************

1. I attended a hearing as part of this case on *****, 2010. I now have a final charging order on the property owned by Mr **** ****** and Mrs ***** *****. He promised outside the Hearing that he would take out a loan to pay me immediately, but predictably has not done so and has rejected several previous opportunities to pay by instalments.

I know that courts are keen to make their services more accessible, and I am on income support and unable to retain a solicitor to advise on the following questions:

a. I wish to apply for an Order for Sale against him, but have heard conflicting reports that because he and his wife are Tenants in Common I am unable to do this. Perhaps you could confirm or correct this or direct me to a source of reliable information?

b. If I apply for a hearing to get judgment on this, and it is rejected, I will wish to apply for an Attachment of Earnings Order. Can this be heard at the same time or do I need to make two separate applications for separate hearings?


2. At the end of the January hearing, I raised the topic of a Force of Sale application, as the debtor has proved unwilling to pay anything towards the money that he owes me. Judge ***** commented to the clear effect that she did not consider the amount owed to me (£22,050) was sufficient to justify a force of sale,
and would not order it if the case was before her.

Her comment was made in the presence of the debtor and myself, and I believe that not only should she not have pre-empted the outcome of such a hearing if brought before her, but also that her comment gave Mr ***** a clear indication that this final stage open to me to recover the debt, was by no means certain to go in my favour, and, should it come before her, I would lose.

Knowing that a Force of Sale might be made against him would have added enormously to the pressure on him to settle this matter by borrowing the money and avoiding the possible forced sale of his house.

It seems to me that the comment by Judge ****** has undermined the principle that justice must be seen to be done, and has damaged what little pressure I can bring to bear on the debtor to pay me back the money he owes me.

Equally concerning, it suggests to me that although Mr ****** has admitted owing me the money, this judge seems to feel that it is NOT all right for a debtor to lose his house, but it is all right for me to lose mine, which is currently a possibility.


I therefore ask that it should be recorded that future hearings regarding this case should not be held before Judge *****.


Yours faithfully,

Britwife

I know I'm grasping at straws here, but can you get a court order to have baliffs sent to their house?

I think that was very unprofessional to say such comments in front of both parties without actually hearing the case.

kingfisherblue

BILLIE wrote: »

Okay Lisa/Mike - that's out the way - I will reiterate what part of the country are you and if I or OH could give practical help do you want it?!!? As others have said it matters not what you are we all support one another, which I personally think is wonderful for ones morale. PM me if you would rather and wishing you all the very best - hope the girlfriend is supportive xx

Billie, it says 'near Brighton' at the side where Mike's username is.

Mike, I've only just read this thread and my heart goes out to you. I don't know if it will help, but have you contacted your local Chamber of Commerce for help? Ours has students who need practice in various trades, including plastering, decorating, etc. I know that they will send students and a tutor out to businesses, but I'm not sure if they do any work in private homes. It might be worth asking though.

Good luck x

lisawaters

Britwife wrote: »

I wish you all the best with your letter and hope that you can get somewhere.

Take a look at this very informative website for quality builders. They have to earn this mark from the government.
http://www.trustmark.org.uk/

Also, read this....I'm pointing out the highlighted area

What To Do If You’re A Victim Of A Cowboy Builder

Sometimes, though, the cowboys do win, and the building work is a shambles. What should have been wonderful construction work is a mess, and the builders have moved on. What can you do?
What they’ve done constitutes fraud, so you should complain to the police, giving them as much information on the builder as possible. Also complain to Trading Standards, which takes a very harsh view of rogue traders.
If you can track down the cowboy builder and he refuses to refund your money, take him to court. In the event of a small job, small claims court will likely suffice, and won’t cost you much. In the event of a big job, though, you will be looking at some hefty legal bills. Either way, it’s a lot of problems, and you still need to employ a proper builder to do the work correctly. The best solution, always, is to take the time and find someone who’ll do it right the first time.

Can't remember if you said you reported him to the police as I do remember you saying he didn't do anything illegal (he did) and also did you report him to trading standards?

Oh, and nice to meet you Mike. I think it was admirable to say you are male instead of continuing on as Lisa.

Thanks for this. I will pursue it today. I've spoken to Trading Standards having convinced them (I hope) that as I work from home this is my business premises and the woman said they work with the police if there's fraud. That alone is a step forward as the police have said while it's going through a court they can't get involved. Calling it a business debt seems to be a key.


Happy to be Mike again - those heels were killing me...

lisawaters

Britwife wrote: »

I know I'm grasping at straws here, but can you get a court order to have baliffs sent to their house?

I think that was very unprofessional to say such comments in front of both parties without actually hearing the case.

It's an option but the guy doesn't have a plasma telly or a car less than 6 years old and they can't grab much else. He's no fool. He's just a ba*stard.

The trouble with complaining about a judge is you don't know if it will go against you. Learning a lot through this business - but I'd rather not have to really!

louise3965

am laughing now - no wonder you didnt want hoards of MSE'rs arriving at your house armed with DIY equipment! The stress of having to wear a dress and a wig, would probably tip you over completely

Anyhow nothing useful to add exept to wish you luck. You didnt ever sserve in the armed forces did you, as there are orgs that can help if you did?

lisawaters

kingfisherblue wrote: »

Billie, it says 'near Brighton' at the side where Mike's username is.

Mike, I've only just read this thread and my heart goes out to you. I don't know if it will help, but have you contacted your local Chamber of Commerce for help? Ours has students who need practice in various trades, including plastering, decorating, etc. I know that they will send students and a tutor out to businesses, but I'm not sure if they do any work in private homes. It might be worth asking though.

Good luck x

I hadn't thought of them but I'm dialling them right now.

I have had several extraordinarily kind offers from MSEs wanting to help out practically but I can't even pay for materials and the house needs a lot doing.

At this moment I need to use the legal suggestions people have made to get the ball rolling to get the guy back into court or to settle up. He said he went to his lender to ask about a homeowner loan and that he could easily borrow £22,000 against his current equity of around £167,000. So it's not that he CAN'T pay me. Once I know how much money if any I can recover this side of armageddon I can start figuring out what needs doing, and anyone still offering to help will be made very welcome!

It would be great to start doing stuff to make the place warm and inhabitable but I don't think anyone other than a builder with all the trades at hand could even make a dent in it. I've already stuffed loft insulation in the biggest holes!

lisawaters

louise3965 wrote: »

am laughing now - no wonder you didnt want hoards of MSE'rs arriving at your house armed with DIY equipment! The stress of having to wear a dress and a wig, would probably tip you over completely

Anyhow nothing useful to add exept to wish you luck. You didnt ever sserve in the armed forces did you, as there are orgs that can help if you did?

It's not the wig and heels that would be stressful (or so I'm told...), just the wolf whistles and continuous tea making I'd have to put up with! Believe me, there's not much I wouldn't do!

I haven't been in the armed forces but happy to sign up if they make it worth my while. I was thinking The Queen's First Typists' corp sounds nice?

x

lisawaters

Information given to me in a PM suggests that a charging order is worthless. There's a whole thread on this elsewhere.

If that's the case, I have no legal redress against this thief.

Maybe I should borrow up to the hilt and there's nothing anyone can do to get me to repay the money?

I would now go and stick my head in the oven. But I haven't got an oven. Or a gas supply. Or a kitchen.