Taking Builder to Small Claims Court Advice/Help please / personal experience

ZBanfield

Hi Forum Members,

I am new here and need some advice. I have been struggling with all the legal jargon and paperwork and am just about to start a small claims court proceedings but would appreciate any help or advice how to proceed and my chances of getting my money back as I have already lost so much.

In June 2014 after over hearing a conversation at our workplace, a colleague employed as a Security Guard approached me stating he ran a building works and offered his services.

An agreement was made 02/07/14 to carry out building works/decorations at my home for £4390 commencing 25/07/14.

I communicated numerous aspects of work I found unsatisfactory to him including damage, negligence and dishonesty by his builders which he assured me he would remedy/resolve and all work completed by 08/08/14.

Builders walked off the job 07/08/14, all issues remain unresolved, work incomplete and he has taken £2730 in cash and bank payments.

Despite numerous written/verbal requests between August 2014 to 17/02/15 to remedy/resolve the situation amicably he has been obstructive, evasive or ignored my requests. I have no confidence in him to complete work satisfactorily, am pursuing him for additional funds required to complete the work and claim damages for consequential losses incurred.

He filed a DS01 form to strike off the company to obstruct me commencing legal proceedings to which I objected successfully and Companies House have extended the closure date to July 2015.

I am about to file in the small claims court and am worried that I may not be successful as I do not have a written contract.

Does it matter that he is employed under the PAYE scheme and has also taken money without providing invoices to me but charged me VAT?

I have also asked my employer for an informal meeting to see whether they can act as an Arbitrary Dispute Relsoution.

Does anyone have any advice or know if I am not successful pursuing the company he runs, to pursue him personally?

Pennywise

If he was trying to strike off his company, it tends to suggest he'd already withdrawn any remaining funds. If the company has no assets, you're wasting your time doing small claims court as even if you win, the company still has no assets and you won't have achieved anything except for losing even more money. First thing is to make sure the company has some assets! If he was working via a limited company and you have bills from the limited company name and paid your money to the limited company, then you've no claim against him personally either.

unholyangel

Who were the bank transfers to? If him personally then it may be possible to pursue him rather than the company - especially with no invoices or written contract to show that your contract was with Cowboys Ltd (for example).

Also, how do you know he has charged you VAT if you haven't had an invoice?

Have you had a look to see if he has accounts filed for his company and what their liabilities and assets are? I'd imagine a building company would have assets (tools/machinery) but they may also have secured liabilities.

hollydays

Is he employed directly by your company or by a contracting company? Soul know the name of the company he works for?
What was the dishonesty?

SussexSteve45

ZBanfield wrote: »

Hi Forum Members,

I am new here and need some advice. I have been struggling with all the legal jargon and paperwork and am just about to start a small claims court proceedings but would appreciate any help or advice how to proceed and my chances of getting my money back as I have already lost so much.

In June 2014 after over hearing a conversation at our workplace, a colleague employed as a Security Guard approached me stating he ran a building works and offered his services.

An agreement was made 02/07/14 to carry out building works/decorations at my home for £4390 commencing 25/07/14.

I communicated numerous aspects of work I found unsatisfactory to him including damage, negligence and dishonesty by his builders which he assured me he would remedy/resolve and all work completed by 08/08/14.

Builders walked off the job 07/08/14, all issues remain unresolved, work incomplete and he has taken £2730 in cash and bank payments.

Despite numerous written/verbal requests between August 2014 to 17/02/15 to remedy/resolve the situation amicably he has been obstructive, evasive or ignored my requests. I have no confidence in him to complete work satisfactorily, am pursuing him for additional funds required to complete the work and claim damages for consequential losses incurred.

He filed a DS01 form to strike off the company to obstruct me commencing legal proceedings to which I objected successfully and Companies House have extended the closure date to July 2015.

I am about to file in the small claims court and am worried that I may not be successful as I do not have a written contract.

Does it matter that he is employed under the PAYE scheme and has also taken money without providing invoices to me but charged me VAT?

I have also asked my employer for an informal meeting to see whether they can act as an Arbitrary Dispute Relsoution.

Does anyone have any advice or know if I am not successful pursuing the company he runs, to pursue him personally?

I`d think very carefully about using the small claims court. I have had more than one case go wrong there. In 2013 I had a case go against me despite the defendant not disputing my evidence, despite writing to the court, detailing the alleged pack of lies in her defence and having printed out my photographic evidence. More than two years on I find it inexplicable. Of course I cannot suggest the judge might have been less than honest, but I simply cannot explain her verdict. She then landed me with the defendant`s solicitors costs. Don`t think because you have a genuine case, you will win. I thought that as well. Best of luck!

hollydays

SussexSteve45 wrote: »

I`d think very carefully about using the small claims court. I have had more than one case go wrong there. In 2013 I had a case go against me despite the defendant not disputing my evidence, despite writing to the court, detailing the alleged pack of lies in her defence and having printed out my photographic evidence. More than two years on I find it inexplicable. Of course I cannot suggest the judge might have been less than honest, but I simply cannot explain her verdict. She then landed me with the defendant`s solicitors costs. Don`t think because you have a genuine case, you will win. I thought that as well. Best of luck!

Perhaps you appeared guilty rather than the judge dishonest?seems more likely. If your evidence was poor and involved you calling her a liar mainly plus a few photos it doesn't sound like the best defence. She didn't land you with the solicitors costs- the judge did.a solicitor would have helped you to prepare your evidence, did you use one?

InsideInsurance

SussexSteve45 wrote: »

She then landed me with the defendant`s solicitors costs. Don`t think because you have a genuine case, you will win. I thought that as well. Best of luck!

Assuming your claim was under £10,000 and so in the Small Track of the court process the fact they awarded solicitors costs against you suggest there was serious issues with your case as legal fees are excluded from Small Track unless cases are considered fraudulent, vexatious etc



To the OP, I am not sure what you mean by "under the PAYE scheme" or why you think it may harm your case. Presumably you are taking his company to court, hence you blocked the winding up, and a director normally is on PAYE with the company being his employer.

There is no obligation for any company to give you an invoice/ receipt. The only exception to this is a VAT invoice if you actually ask for one and they are VAT registered. You dont ask, they dont have to voluntarily offer one.