Another Dodgy Builders Thread.

Naomim

A bit of a long post but bear with me I have a couple of questions.

Last year we arranged for a quote from a builder under a company name. Let's call them *Bodgeit Installations Limited*. We paid a £417 holding deposit which was to be refunded if we weren't granted planning permission. Planning wasn't granted. We then amended the plans and went via permitted development for our build. We didn't receive the refund.

The builder had a "nervous breakdown". His Dad stepped in and said he would take over the project.

The week before the work was to start, we received the schedule of works from the original builder (not his Dad who had "taken over") but the company name had changed to *Blogs & Blogs" . As it was the same builder we didn't take much notice.

We are now many months into the build.. He stuck us between a rock and a hard place saying he couldn't complete the work as he'd run out of money. We said we weren't happy paying any more. I presented a spreadsheet of payments we'd made less some deductions including the £417 holding deposit.

He came back to us saying the £417 was from his old company *Bodgeit Installations Ltd* which has now been dissolved. I looked on Companies House and it was dissolved prior to our work starting. He said his Dad should have made us aware of that when he took over the negotiations. His Dad never mentioned it and we never received any formal paperwork about liquidation or insolvency.

He's missed many completion dates and I have consulted Citizens Advice Bureau as to our next step. I'm not sure if we can include this payment in our request for compensation/refund etc?. Also we've noticed that although he's now not a Limited company the company name on the top of the letter head is *Blogs & Blogs* the bottom of his letterhead states *Bodgeit Installations t/as Blogs & Blogs*

How can I find out who is actually involved in this company? Is it a sole trader or is it him and his Dad?

Tomorrow we are serving notice that he is no longer on the job. I'm offering 14 days to refund the money for paid for the work not done and asking for copies of all receipts. I'm also going to offer we go to ADR rather than court. I'm guessing he wont answer and then we can go to court but I have a feeling this is a man with no assets (he has told us he rents from his uncle). If we take him to court but he has no assets.. what's the point? Will we ever see a penny of it?

Thanks

Naomi.

Franz_Ferdinand

Naomim wrote: »

A bit of a long post but bear with me I have a couple of questions.

Last year we arranged for a quote from a builder under a company name. Let's call them *Bodgeit Installations Limited*. We paid a £417 holding deposit which was to be refunded if we weren't granted planning permission. Planning wasn't granted. We then amended the plans and went via permitted development for our build. We didn't receive the refund.

The builder had a "nervous breakdown". His Dad stepped in and said he would take over the project.

The week before the work was to start, we received the schedule of works from the original builder (not his Dad who had "taken over") but the company name had changed to *Blogs & Blogs" . As it was the same builder we didn't take much notice.

We are now many months into the build.. He stuck us between a rock and a hard place saying he couldn't complete the work as he'd run out of money. We said we weren't happy paying any more. I presented a spreadsheet of payments we'd made less some deductions including the £417 holding deposit.

He came back to us saying the £417 was from his old company *Bodgeit Installations Ltd* which has now been dissolved. I looked on Companies House and it was dissolved prior to our work starting. He said his Dad should have made us aware of that when he took over the negotiations. His Dad never mentioned it and we never received any formal paperwork about liquidation or insolvency.

He's missed many completion dates and I have consulted Citizens Advice Bureau as to our next step. I'm not sure if we can include this payment in our request for compensation/refund etc?. Also we've noticed that although he's now not a Limited company the company name on the top of the letter head is *Blogs & Blogs* the bottom of his letterhead states *Bodgeit Installations t/as Blogs & Blogs*

How can I find out who is actually involved in this company? Is it a sole trader or is it him and his Dad?

Tomorrow we are serving notice that he is no longer on the job. I'm offering 14 days to refund the money for paid for the work not done and asking for copies of all receipts. I'm also going to offer we go to ADR rather than court. I'm guessing he wont answer and then we can go to court but I have a feeling this is a man with no assets (he has told us he rents from his uncle). If we take him to court but he has no assets.. what's the point? Will we ever see a penny of it?

Thanks

Naomi.

Probably not. If he's not gong to honour the original deposit why will he pay up?

Naomim

Naomim wrote: »

A bit of a long post but bear with me I have a couple of questions.

Last year we arranged for a quote from a builder under a company name. Let's call them *Bodgeit Installations Limited*. We paid a £417 holding deposit which was to be refunded if we weren't granted planning permission. Planning wasn't granted. We then amended the plans and went via permitted development for our build. We didn't receive the refund.

The builder had a "nervous breakdown". His Dad stepped in and said he would take over the project.

The week before the work was to start, we received the schedule of works from the original builder (not his Dad who had "taken over") but the company name had changed to *Blogs & Blogs" . As it was the same builder we didn't take much notice.

We are now many months into the build.. He stuck us between a rock and a hard place saying he couldn't complete the work as he'd run out of money. We said we weren't happy paying any more. I presented a spreadsheet of payments we'd made less some deductions including the £417 holding deposit.

He came back to us saying the £417 was from his old company *Bodgeit Installations Ltd* which has now been dissolved. I looked on Companies House and it was dissolved prior to our work starting. He said his Dad should have made us aware of that when he took over the negotiations. His Dad never mentioned it and we never received any formal paperwork about liquidation or insolvency.

He's missed many completion dates and I have consulted Citizens Advice Bureau as to our next step. I'm not sure if we can include this payment in our request for compensation/refund etc?. Also we've noticed that although he's now not a Limited company the company name on the top of the letter head is *Blogs & Blogs* the bottom of his letterhead states *Bodgeit Installations t/as Blogs & Blogs*

How can I find out who is actually involved in this company? Is it a sole trader or is it him and his Dad?

Tomorrow we are serving notice that he is no longer on the job. I'm offering 14 days to refund the money for paid for the work not done and asking for copies of all receipts. I'm also going to offer we go to ADR rather than court. I'm guessing he wont answer and then we can go to court but I have a feeling this is a man with no assets (he has told us he rents from his uncle). If we take him to court but he has no assets.. what's the point? Will we ever see a penny of it?

Thanks

Naomi.

Franz_Ferdinand wrote: »

Probably not. If he's not gong to honour the original deposit why will he pay up?

I meant if we take him to court and win, will we ever see any of it?

Franz_Ferdinand

I doubt he's got a pot to !!!! in.

knightstyle

This is why you should only pay for work done, not work that may or may not be done sometime in the future!
Please do not waste money on court fees and then bailiffs as he will not have any money or goods that can be used to pay you back.

Naomim

So another quick question about this thing as there may be another route...

He quoted us *a price* on paper. Then he went sick. His Dad took over, came to our house and said he was taking over the project, the price changed a bit and the Dad said he would be at our house overseeing it all morning and night. This was all verbal.

The week before the work started, the son came back on board with a different company name. *surname & surname builders* and a schedule of works/payment. Would be safe in assuming this was a father and son construction team? The son has since told us the partnership is with his cousin who was working on our house. I have found the partnership paperwork in our house but the cousin hasn't signed it.

But my question is, can I take the Dad to task as we had a verbal agreement with him? I'm thinking, the son may have no assets but the father certainly has.

DoaM

How do you prove a verbal agreement? Did you record the conversation?

If not then all you have is a "he said, she said" situation.

Naomim

Well I found this:

Conditions of a Verbal Agreement
Under law there are two basic terms that constitute a binding agreement. The verbal agreement will be binding if there was an agreement on the services to be performed and an agreement was reached on remuneration for this service. This agreement can be reached by a verbal exchange in person, via telephone or via an email.

which made me think we could pursue the father.

Shaka_Zulu

Same happened to us, we signed a contract to build a new house the company unknown to us went in to receivership after contracts were signed and started again with almost the same name (we didn't notice) they did build the house but never received the retention and there was quite a bit of snagging that was never done. I decided that it would be a long probably expensive fight and he would most probably go in to receivership again.

Take some proper legal advice but my advice is "the first cut is the cheapest" think long and hard about pursuing this.

DoaM

Naomim wrote: »

Well I found this:



which made me think we could pursue the father.

Yes, but how do you prove it? (On the balance of probabilities, for court claims in the small claims track).