Claiming against a builder's insurance: any chance?

Voyager2002

OK: so I paid cash for a fitted kitchen, but after three years it has not been completed and much of the existing work is unsatisfactory. I took the person responsible to court (small claims) but the court ruled that his limited company was liable, rather than him personally. The company is no longer trading, and is listed by Companies' House as "active: proposal to strike off".

I am sure that I could take the company to court and win the case, but if it has no assets there is not much point in doing so. However, is it likely that an insurance policy would have been in place to cover this kind of thing, something like "professional indemnity"? And if so, any ideas about how to find the insurer?

DVardysShadow

The first thing is to get a judgement against his company - and during the process ask about professional indemnity insurance. Without a judgement, it is non of your business and even with a judgement, to a certain extent it is still not your concern. I doubt he will be insured to cover this, however.

iamcornholio

PI or PL insurance does not cover things like this, and no builder will have insurance for claims against poor quality

phill99

Public Liabailty covers things such as going through a water pipe, setting fire to your house etc.

It doesn't cover bad workmasnship.

You'll just have to take it on the chin and get some one in to sort it out.

Somethoing tells me that as you paid cash, it was done at a discounted rate. Let this be a lesson to you.

olly300

If the company is not trading there is nothing for you to take to court as the company doesn't exist.

Also only certain professions are required to have run off insurance. So even if he did have insurance at the time of the incident that covered you, he is won't have it now.

Instead of wasting time and money chasing this guy through the courts find someone else.

However if the guy is trading again as another company there is nothing stopping you contacting trading standards to warn them of the guy's previous quality of work.

vaio

did you pay any of the cost by credit card?

If you did then there is good chance that the credit card company re jointly liable with the builder and so will pay if the builder has gone bust. Google "section 75 protection"

Voyager2002

vaio wrote: »

did you pay any of the cost by credit card?

If you did then there is good chance that the credit card company re jointly liable with the builder and so will pay if the builder has gone bust. Google "section 75 protection"

We agreed that I would do so, but when it came to it his card machine was mysteriously "not working" and so I lost that protection.