Extension really badly finished - builder threatening court action

Canucklehead

Good afternoon: Bloody hell...still rumbling on and unresolved! Don't have any further advice for you but hope you reach a satisfactory conclusion to this mess in the not too distant future. Fingers crossed!

Canucklehead

P.S. A couple of legal eagles post on the House Buying forum...perhaps they could advise.

asp746

Hiya Dirty Epic,

just a post to wish you all the best in your forthcoming court appearance and i hope you take him to the cleaners.

If he doesn't turn up that'll be the end of the case - having said that it still leaves you out of pocket.

He's a scumbag and god repays debts without money!!

Asp
()

dirtyepic

Evening everyone!!!

Just to let you know that I am off to court, a week tomorrow, thanks ASP for wishing me well!

I have never been to court before and I am quite nervous. Unfortunately this hearing doesn't decide who is at fault and who owes what!

This decides which court we go to. Either small claims or county court fast track.

We cannot afford to allow our solicitor to represent us so I have to go and sit in a room with a judge and the builder. Luckily my husband has been allowed some time off work to accompany me.

I have to acknowledge that I am unable to defend the claim as I haven't been given the particulars of the amount that I am supposed to owe him

I haven't seen the builder since August.

I am not comfortable at all about being in the same room as him but will look like I am oozing confidence.

Anyway, I will let you all know what happens next week.

Fingers crossed eh?

T

daveyjp

Reading this thread should be a warning to anyone spending a serious amount of money on a building job - get a contract with the builder. A JCT contract can be bought off the shelf. A few hundred quid to an architect, QS or similar to complete the contract could save you thousands in the long run.

dirtyepic

Hello all!

Well I thought I would let you know the latest on this flippin' ongoing saga of 'improving our home and the pitfalls that follow'!

Last Monday, we were at court. It was understood that the hearing would be in a side room from the court but oh no, it was held in a court. First time for everything then!

The judge gave the builder one further week to get his paperwork in order and prove that we owed him over £5,000. He originally claimed £6,060 but I think when he realised we were prepared to go all the way and he couldn't prove that figure he reduced it to just over £5,000. This new figure would make us still have to be heard in the County Court as it was over £5,000. If it was less then it would be heard as Small Claims.

He knew what he was doing. This now makes us have to pay a solicitor to represent us. All of our time and money (which should be going on rectifying the botch jobs he has left us with)

Anyway, I digress!!! The judge had one look at his paperwork and said that it was in a 'state'. He was given the extra week to produce a full statement of affairs, with no discrepancy, to include all invoices and payment details.

Which he did. Only he didn't produce the ones that I had received throughout the job. He created new ones. He even dated an invoice for July 2008. ha ha ha. Discrepancy after discrepancy.

Anyway we have since had a meeting with our solicitor who is drafting a letter as I type this and this will be submitted to the court before 4pm on Monday 3 March.

I can't let you know what is to be said in the letter until after Monday, just in case the builder is an avid moneysaving expert and visits these forums!!! Which I doubt, but you never know.

Unfortunately due to this and other small matters that have been building up over the last year, my health has suffered and I am in the middle of sick leave, recommended by my gp. My head is all over the place and I don't know whether I am coming or going! I can't prioritise anything and have to create list after list to help me through my day! But hopefully March will see the back of this awful situation and I can possibly start to get my life back in order.

I will keep you all posted, thanks for looking and taking an interest. It means so much when you have support from like-minded and concerned people.

Thanks again

T
aka dirtyepic

sad_gills_fan

I don't know what to say to make you feel better but hopefully knowing that we are all thinking of you will help you out a bit.

If I were religious, I'd be praying that builder gets his a**e kicked by you! :T
Keep strong, you are the wronged party here .. he is just using you as an excuse to get some money .. grrrr.

Do what your doctor says .. relax as much as you can and take comfort in the fact that you clearly have the upper hand here .. he is running scared!
I wish I was a solicitor near you as I'd represent you for free ... that's probably why I'm not a solicitor as I'd take everyone on pro bono! (is that right?)

Best wishes

Sad Gills Fan

pavlovs_dog

ive just discovered your thread. crikey, what a palava!

no advice, but just wanted to say that im rooting for you :beer:

Canucklehead

Good afternoon: I doubt your cowboy builder is a member of MSE..he is too busy forging documents and honing his sewing skills for stitching people up to make useful contributions to society Our thoughts are with you.
Thanks for the update...hope you'll have a positive outcome to post about next time.

Canucklehead

sad_gills_fan

Any more news on this? Hopefully some good news as it is due IMO!!

Best of luck.

dirtyepic

sad_gills_fan wrote: »

Any more news on this? Hopefully some good news as it is due IMO!!

Best of luck.

Hi!

It's all very quiet and I'm not liking it but I have now learned that its all a waiting game. Nothing seems to hurry either my builder or even the legal system!

On leaving the court, the builder was advised to submit his complete statement of affairs with no discrepancy. Well he messed up a few times even completely re-typing an invoice and dating it incorrectly! My original invoice received last year was dated 9 July 2007 and was typed in a typeface called Arial. His invoice, as presented to myself and the court last week, was dated 9 July 2008 and was typed in Optima!! That was just one boo-boo!

Myself and my solicitor completed our reply and defence (as far as we could) and presented to the court last Monday. My solicitor has advised me that it wouldn't even get looked at until Friday at the earliest so I am just contining this waiting game. With everything crossed.

I promise as soon as I hear anything I will let you all know.

I am feeling a bit better but still off work and hoping my head starts to 'think' normally soon! That's my main issue - I can't stop thinking. It sometimes hurts my head. The stress of trying to stop thinking!!!

Hope to get back to you all soon.

Thanks again for all your support and advice!

T
aka dirtyepic