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Ripped off By Builder

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JohnnyJet
JohnnyJet Posts: 297 Forumite
Part of the Furniture Combo Breaker
edited 2 June 2010 at 7:59PM in Debt-free wannabe
Hi

I have been inspired to create this thread after reading the predicament that LisaWaters (Mike) found himself in which was caused by a rogue builder. My situation is similar, let me explain……

I asked a builder to turn my 2 bedroom house into a slightly larger property, this involved redesigning the entire layout and removing part of the roof, all but one room was to be striped out and new walls constructed. I stupidly paid him a lot of money up front and ended out handing him over £80,000. The work seemed to be progressing okay so I kept paying him instalments, then after a month he told me I had to move out for one month because the work would cause a lot more mess than he though and he decided that he couldn’t work around me, I then moved out and when the month was nearly up he then said that the work was going slower than he thought and I had to move out for another two months.
I was getting anxious by now but went along with it as he had already removed my roof and everything in the house, and I mean everything. There was no kitchen, bathroom floorboards, electrics, plumbing and roof. In fact the kitchen and bathroom were smashed up on the very day I moved out.

When the additional two months were nearly up it was becoming clear that even after this time the work was nowhere near completion, let alone at a stage where I could move in. I discussed this with him and he asked me to stay out for another month, this time I kicked up a fuss but he had me over a barrel, I had to go along with it. This was causing me vast amounts of additional money due to me only being able to find holiday lets at such short notice. Anyway he then asked me for more money over the original quote without any proper explanation as to what I was paying for, I told him I wouldn’t pay it so he left leaving me with a shell of a house and absolutely no chance of me moving back in. Since then myself and 3 children have been living in a caravan and now due to lack of funds we are all living in one room at a friend’s house.

The builder is also asking for more money in excess of the quote stating that he has spent more than we have paid him and under law we should pay him, which I know is total rubbish. He has also been sending us threatening letters saying that he will take us to court if we don’t pay. I also know that he visits the site frequently. I have since found out that most of the work carried out was dangerous and needs to be redone. In fact out of the 80k+ we paid him he has only done about 20k worth of meaningful work.

The current situation is that I have found a new builder and he is rectifying as much of the work that he can, unfortunately we will soon run out of money and will probably be forced to move back into a house that is not even half finished. This wouldn’t be so bad if I didn’t have an ill wife and 3 children to provide for. I have contacted Consumer Direct and they weren’t interested, telling me to take him to court, only I don’t have the money to do so as I have been told it can cost up to £20,000. I am working my way through Mike’s thread to see if there is any help I can get but at the moment I feel that no one is willing to help me. The fact that I own a house means that there appear to be little help out there.

I feel so angry right now and it’s not the money that upsets me, it’s the thought that someone can do this and get away with it. I started this thread to keep me sane and to see if anyone knows of anyway that I am able to get help. I hope that I haven’t bored people; I just don’t know what to do. Hope I have explained myself properly as this is late for me; kids get me up at 5am most days.
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Comments

  • JohnnyJet
    JohnnyJet Posts: 297 Forumite
    Part of the Furniture Combo Breaker
    I know its off not of, I'm tired and don't think I can change it.
  • DarkConvict
    DarkConvict Posts: 6,346 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    This is going to be quite a short answer.

    See a solicitor and take him to court.

    The job was not completed and current they have left the property in an unusable condition. So long as you have a contract for the work to be completed, you should have little problem.

    Also for such serious work been done, shouldn't you have had building regulation and planning permission. In this case the council would come out regularly to check progress for the purposes of safety.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • nanna58
    nanna58 Posts: 971 Forumite
    HI ya J J
    i cant help but i have to say this situation is all too common
    my hubby is a builder of 45yrs done all the apprentaships training got all qualifications and is currently struggling for work.Probably because these idiots are cheaper and ripping peaple off
    Most of his work has ben word of mouth and reccomendation.
    i am so sorry that you are avictim as this only gives credible tradsmen a bad name
    hope you are sorted soon
    hugsxxxx
    form filler extrordinaire
  • nanna58
    nanna58 Posts: 971 Forumite
    By the way you are not boring at all LET RIP
    form filler extrordinaire
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Hi Johnny, i agree you should be taking legal advice on this.

    Did you take pictures of what he did to the house and the damage he has done?

    I'd also get in touch with BBC3 Cowboy builders or Watchdog. Although you may be running out of cash to get the house completed, they may be able to help with either advice or possibly getting on the show to complete the project.

    Edit: If you click the edit button on your first post and amend the title, you should be able to sort the typo. Possibly able to delete the second post too within edit (never tried it).
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • slummymummyof3
    slummymummyof3 Posts: 1,971 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I was one of the people that emailed DIY SOS for Mike. Here is the email address of the person who emailed me back saying that they were going to take on Mikes property as part of a DIY SOS makeover: Christine Nisbet [Christine.Nisbet@bbc.co.uk] - worth a try???

    I would also second contacting Cowboy builders. I would also report him to trading standards.
  • Hi jonnyjet!

    Told you I'd find you!

    As far as the process goes, check Mikes thread. Disappointing and unbelievable as it is, none of the authorities would help him either. Do you know this builders history?

    Was he recommended to you?

    Have you done any investigation into any other people he's left in a mess after taking on work?

    I know Mike had contact with various TV Makeover shows. Since his was accepted by DIY SOS, he's had interest from another and tried to put you forward to them but I know this one will want to speak to other people affected...they do the name and shame thing.

    The mess sounds like something they'd show and what its meant to you and your family but dig into his previous jobs to find out all you can.

    Its wrong that most of the research and action has to be done by you, especially with 3 kids and an unwell wife to look after.

    Don't pay another penny!

    Let him take you to court, you have pictures, records of what you've paid, contract of work etc.

    YOU should be chasing money back from him. Expensive to use a solicitor, hell of a lot of research and detail went into Mikes thread, use it as a reference. I know Mike still has more to deal with to reclaim from his builder but if yours has assets other than his house, you may not need to go as far so don't give up on reading through what actions can be taken.

    We're determined NOT to let the lisawaters thread end with the makeover, more needs to be done to protect us all from the thieving greedy bleeders, too many of them around and I know it's disheartening to learn than the authorities seem so disinterested. Keep looking through though, the thread and into your bad builders previous history.

    I hope you hear something from the TV ...If you don't hear from them, you can still gather what you can and submit an application on line.

    Others worth looking at Cowboy Trap etc, loads mentioned in the other thread. They may not all do whole house but get your story out there.
    Create publicity, try magazines to sell your story. He won't want bad publicity either.

    Vent your anger all you need, we'll do it with you!

    If you feel the way you did a couple of weeks ago, don't even think about it, get on line and talk, you'll be supported! Don't give up, we won't!

    SBx
    PROUD MEMBER OF

    MIKE'S :cool: MOB!
  • lisawaters
    lisawaters Posts: 2,081 Forumite
    edited 26 May 2010 at 6:12AM
    This is very familiar, so the answer will be similar to what I found out. You're on your own legally, and the process is: get a CCJ for what he owes you, then an interim charging order, then a final charging order. You can do it yourself for a few hundred pounds if you an follow instructions and do the right things in the right order. You will need to know the value of the work he's done well and deduct it from the money you have paid him. A valuer can provide this. The process will take a year or so and you need to know what his financial situation is. Ask the court for an Order for Questioning to get him into court to answer questions under oath.

    If he has protected his own home through the way he and his wife own it, you'll not be able to force him to sell it so may need to find where he's put his money. Don't be tempted to take the law into your own hands at least until you've exhausted the process, or you could be guilty of a criminal act, not him. It sounds as though you're earning? If you're on benefits you get court fees refunded or waived.

    Don't rely on getting the money back to finish the house. Achieve that some other way.

    The media won't take an interest probably and you need them to be in court to allow them to write anything even if you get to the final charging order. I will give your details when you let me have them to a TV programme who could help practically, and by naming the builder. They are not a soft touch and will need to ensure that everything is how you say it is. They are bound by more laws than you. They also may not touch you if there's current legal procedures happening. Approach them before you approach the courts.

    Above all, keep yourself and your family sane and healthy.

    I'll think of any other bits of info later and add to the thread. You need to know that you aren't stupid to have paid money up front. Lots of people get put 'over a barrel' and try to pay the last bit to get their work done. Dig out all the contracts you have. You can get half an hour with any solicitor to check the basics but they will charge a lot for doing what isn't that difficult really, just painstaking.

    Really sorry you're in this situation but it can be overcome. You'll find other people who have been ripped off by the same builder. Put 'Littlehampton builder' in the thread title if you can to catch their attention. See if the builder's on Checkatrade or Right Trade and post your findings. Google his name regularly and his address and find out as much as you can about him. Remain civil and don't threaten him - you'll be meeting him in court several times. Do a search on Registry Trust and on the Land Registry to see if he has any outstanding CCJs or charging orders and contact the people he conned directly.

    YOU are in the right. HE is a conman. Remember that...


    Mike
  • JohnnyJet
    JohnnyJet Posts: 297 Forumite
    Part of the Furniture Combo Breaker
    This is going to be quite a short answer.

    See a solicitor and take him to court.

    The job was not completed and current they have left the property in an unusable condition. So long as you have a contract for the work to be completed, you should have little problem.

    Also for such serious work been done, shouldn't you have had building regulation and planning permission. In this case the council would come out regularly to check progress for the purposes of safety.


    I have seen a solicitor and was told that it would cost up to £20,000 to take him to court, I can't afford that. I can either pay to get some of the house habitable or take him to court. I have no doubt that I would win the case but I have been advised that he probably wouldn't pay even if I won.

    I did get planning permission and the council did come out to inspect the work, they even passed some items which they can now see shouldn't have been.
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    Can you not get legal aid? or get a solicitor on a no win - no fee basis? maybe a local community law scheme? perhaps the CAB could help? or a diy approach such as Mike has taken? If this is something you feel able to pursue?
    Perhaps joining up with others ripped off by the same builder might help? I'm sure that if they will rip you off they will have ripped several others off.
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
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