please can someone help me with ongoing problem builders

babyblade41

I posted a while back about my problem back in 2014 but to cut a long story short I employed builders to build a granny annexe on my house.

They gave me a contract of 10 weeks and after many problems and 21 weeks later the job was still not completed.

I refused the final payment of approx 9k as I had an independent survey done by RICS surveyors stating that the amount to put right the build would cost over 16k minimum.

I tried to take them to court but they hadn't any assets to claim against so didn't pursue it and just had to cut my losses.

A no win no fee lawyer has contacted me and wants me to provide all the evidence that I have , which I have lots including photos, contract, surveyors report and abusive emails from one of the builders. He has threatened me with a court action.

The annexe was for my Mother as she had asbestosis cancer and subsequently died.

We fixed a lot of the problems but not all and I subsequently sold the house .

I haven't sent any of my proof over to this solicitor and told him that they must take me to court to get the balance paid. I'm not sure what to do it's worrying me to death.

The builders had many chances to put things right but never did and also an email from one of them asked me to get others to finish as relations had broken down.
Can anyone help, they have nothing at all but I do and will have to employ a solicitor to fight my corner , money which I don't have .

Any help would be great as to what to do next.

arcon5

They want to take you to court for what? Non-payment?
Did you go to court the first time and decide not to pursue the judgement or decide to cut your losses without courts?

For now just send them your evidence (copies) and a very brief letter
- x breached the contract resulting in £y consequential lossees
- adequate opportunity to rectify was given
- your client is welcome to pursue this in the courts where I will make a counter claim for £z
- I will not respond to further correspondence unless it is from the courts

FOREVER21

Have you bought another house? If so do you have house insurance?
If the builders solicitor does decide to sue, look at your insurance, you might have legal cover included and at least get a solicitors advice as how to proceed.

Shaka_Zulu

Sounds like our builders. Contract more than double the quoted time, host of faults, withheld snagging payment but couldn't pursue them for the same reasons you have quoted.

Also had a claim from then for some huge random amount which we ignored, that was about 18 months ago now and nothing since.

babyblade41

No I heard nothing until recently then full on court, did you use mine by any chance ???

The problem is I am miles away and can't get to a court hearing due to being single and have no one to look after my animals easily ( I run a small animal rescue)

I have sent them pics and a letter but all I get is "see you in court " pretty much

robatwork

It's not entirely clear from your post but have your received actual court papers, or just some froth from the lawyer / builder?

If the latter you don't have to respond to anything at all. If and when you get letters from the court at that point you will need to take action. Chances are you won't get them but don't worry if you do - anyone can sue anyone but it doesn't mean they will win.

If it puts your mind at rest send them a short letter saying you deny any wrongdoing, you consider their constant emails and letters harassing so not to contact you again.

Keep all your paperwork and correspondence in chronological order, just in case. Don't worry - you are in the right and cowboy builders don't tend to go to court as plaintiffs....

Nodding_Donkey

Another point, if they actually did issue court proceedings you could get it heard at your local court.

arcon5

If you don't attend the hearing though don't come back here crying because they've won.

Their solicitors are working for them remember, they are not mediators, nor charitable so it's no wonder they don't want to hear your tale of woo

hollydays

How certain can you be that this no win no fee lawyer who has contacted you is genuine-and is just not them trying to gain information in a devious way?

babyblade41

It does seem a bona fide lawyer but he is a one man band working from home. I did try and take the builders to court as the cost to repair in relation to what I owed was considerably more. The only problem was the builders do not own anything , even vans were on HP. I agreed with the architect to walk away and cut my losses as I would have paid out even more in legal fees without gaining anything.

I have quite a few pictures of the problems plus a surveyors report as well

arcon5

It's not 100% clear..... have you actually received court papers ? Or just threats of court ?

The latter is completely different. With all the information they would advise their client of the chances of success, but do act for him so he is the deciding factor and they are never going to let on to you anything but an imminent success!