builder self employed require a professional advice

ovidiuuk

I'm working as builder self employed and this is a "building" case. Hope you can help me....

1) In April 2010 I've done 2 bathrooms renovation in a property in a block of flats somewhere in east London.After 2-3 months, in one of the bathrooms (in a wet room) was a leak from the toilet, from the waste pipe. I received a phone call from the owner and I went there to see what happened. I investigate the leak and repaired on next day (was an issue with the pan connector behind the wc to the main soil pipe). In that moment, after repair, the owner asked me to prepare and send a report about damages. I agreed verbally with the owner, after I will send the damages report to comeback to the property and to repair on my own cost the damages presented in my report, following water damages. There wasn't major damages - just a plasterboard wet behind toilet and a bit on the wall at the end of the shower + skirting(presented in my report).
2) In couple of days after initially repair, I sent by email, the report to the owner and I was expecting to go back in the property to do the repairs at my own costs. Since that moment, the owner didn't contact me any more.
3) Today, after near 2 years, I received by post a full file of this incident from a Solicitors company which is asking me to do a payment of £24000 regarding this incident. In this file, are attached few documents regarding this repair, a lot of pictures with a lot of extra work involved(e.g. new wooden floor throughout the flat) Also, the owner done a lot of extra work, unnecessary.
4) At the moment I've done this refurbishment work, I wasn't insured and I didn't had any Public Liability Insurance. My concern is the amount of money they are asking for, after near 2 years and also the amount of extra work which has been done in the property.

Unfortunately, my financial situation is not good at all and I can't afford to pay this amount of money. Not even a solicitor but at least I can have here professional free advice.

Thank you very much in advance!

keystone

ovidiuuk wrote: »

At the moment I've done this refurbishment work, I wasn't insured and I didn't had any Public Liability Insurance.

Have you got some now? If so has it got legal advice cover in it? If so thats where you need to go irrespective of whether you had insurance at the time. I have my own opinion on what I would do but it will be useless to you so I'll keep it to myself. Now its gone legal you need proper legal advice. Sorry but I'm afraid you won't get that here just opinions which cannot be relied upon.

Cheers

iamcornholio

Don't be scared of Solicitors letters. They mostly contain bluff and BS

There is absolutely no way that a leak can cause £24k worth of damage, and no way that a court would entertain this sort of claim

You wont get specific advice from a forum. You will get lots of opinions, but you will need to speak with someone directly for specific advice on your situation

Options:

1. Ignore the letter and see what develops

2. Respond to the letter denying all liability

3. Respond to the letter, acknowledge the leak (but never admit anything, and offer "as a gesture of goodwill, and without prejudice" an amount which you feel is fair, if anything

If you can't get free legal advice, then either search the internet for some, or visit your local CAB (Citizens Advice Bureaux)

m5eFaN

it depends on your report, and what responsibility did you agree to take. Was there any written agreement? is there any professional report from a certified surveyor within the solicitor file?

iamcornholio

If the OP does not own any property or significant assets, then he can tell the Solicitors to do one .... as they wont chase anyone who has no money or assets

If he does, perhaps he can look at shifting them to relatives as a precaution.

At this early stage the Solicitors may not have done a land registry check, and it is perhaps just a fishing expedition

leveller2911

ovidiuuk wrote: »

Since that moment, the owner didn't contact me any more.
3) Today, after near 2 years, I received by post a full file of this incident from a Solicitors company which is asking me to do a payment of £24000 regarding this incident.
Thank you very much in advance!

Tell them to "Foxtrot Oscar" or more politely "See you in court".

No court in the land will entertain their claim after no contact for 2 years , unless you moved house and they made every effort to find your new address.

The lesson in all of this is you must have Public Liability insurance and you have no excuses why you didn't. Honest tradesmen have to compete with people like you who do work uninsured just to save a few £........;) Here endeth the lesson.

I also agree with Iamcornetto the solicitors may well be fishing for claims.

nickj_2

any property that required £24 worth of work would surely be uninhabitable and need immediate repairs , so the fact that it has taken them 2 years to get around to suggests someone is just trying it on

olly300

iamcornholio wrote: »

You wont get specific advice from a forum. You will get lots of opinions, but you will need to speak with someone directly for specific advice on your situation

Options:

1. Ignore the letter and see what develops

2. Respond to the letter denying all liability

3. Respond to the letter, acknowledge the leak (but never admit anything, and offer "as a gesture of goodwill, and without prejudice" an amount which you feel is fair, if anything

The right response in this case is 2 and to repeat it consistently in writing.

The reason for this it shouldn't have taken the owner of the property 2 years to come back to you and tell you that there is now a large problem that you need to pay for. Especially if the OP hasn't changed address, changed phone number or changed email address. (As long as you haven't changed one of them you are in the clear.)

Before someone contacts a solicitor or even starts issuing court papers they need to be able to show that:
1. They have been reasonable, and,
2. They tried to mediate with the person, and in this case,
3. Tried to get the person to fix the problem for them properly.

OP if you are contacted by the solicitors stating they want to take you to court let them as it will cost the owner of the property a lot more than the £30 they spent getting the solicitor to write this letter to you as it's not a small claims action.

Judges aren't unreasonable people and know when people are trying it on. If it does go to court your best chance is to get the case thrown out.

iamcornholio wrote: »

If you can't get free legal advice, then either search the internet for some, or visit your local CAB (Citizens Advice Bureaux)

CAB are over stretched and often give the wrong advice in business situations so it may be better to see if you can get a 30 minute or even less consultation from a solicitor to calm you down.

iamcornholio

olly300 wrote: »

.... it will cost the owner of the property a lot more than the £30 they spent getting the solicitor to write this letter to you

Let me know where I can get a Solicitors letter for the bargain price of £30!

iamcornholio

olly300 wrote: »

CAB are over stretched and often give the wrong advice in business situations

It seems to me that this is effectively a straightforward consumer issue of faulty goods/services

The OP could just aske from his customers point of view if need be

I'd agree that CAB are stretched, but the advice they give should be sound

Jaynne

Anyone can pay to have a solicitor write a letter and make up ridiculous levels of damage. Their whole flat would have to of been flooded to do that.

This is almost certainly legal extortion, they don't want 24k they want you to settle out of court for a lower amount. Take proper advise and as has been said never admit anything particularly in writing. You can ask them to explain how they reached the ludicrous figure and why it has taken so long to claim. I would perhaps try to call their bluff and point out that you have the full documentation and report you created at the time and see whether they want to take it further.