Builders bailiffs

Summer_Dreams

Hi.
After numerous problems with my builder, job unfinished, I have had a letter from baliffs for an amount more than I would have owed him had he completed the job (I've paperwork to prove it)! Yet he sent a baliff letter without sending me a bill for this amount or without taking me to court!

I have had a clerk or works come and document the outstanding and incorrectly done work and also compared the work done to my plans of which there are deficiencies roughly equal to what I owe him! Also council building control man has been out and noted major issues such as foundations not been checked which will possibly need underpinning!

Should I not get chance to go to court and put accross my side of the story? Otherwise any one can decide anyone else owes them any amount of money they choose and get baliffs to take it!!??

Doozergirl

They'll be some kind of debt collection agency. Presumably he's appointed them to do the debt collection and they'll have to decide if they want to go to court over it.

I'd write back to the debt collection company with the correct figures and your clerk of works info. Tell them you will review who exactly owes what once the job is finished.

No need to panic about it, it may well just be a simple tactic of a couple of letters to see if you'll pay.

Risteard

As I understand it debt collectors can only pursue a debt which is not disputed. So if you dispute it they will not be able to collect it from you.

Summer_Dreams

I thought you needed a court order to send bailiffs round, I have read many people on this forum saying this!!!

This letter did not give me any option to dispute whether or not I owe anything!

Will my car be safe on my drive?!

stator

Please post the document they have sent you, blanking out any personal info. Then people can tell you what it is you have been sent.
If anyone turns up claiming to be a bailif and attempting to take your possessions or intimidate you and they don't leave when you tell them to, call the police. Do NOT enter into a discussion with them, do not tell them any details. They will lie and tell you complete !!!!!!!!. Just tell them the debt is disputed and to LEAVE or you will call the police.

In all likelyhood what you have received is a debt collection letter designed to intimidate you.

pappa_golf

bailiffs are involved AFTER you have been issued with a coiunty court summons and lost this and not paid within 28 days , have you been served with CC papers and lost?

Summer_Dreams

No papers, only a final bill from the builders son I received 6pm 6th Dec saying I had to pay balance by 7th Dec. And then bailiffs letter today for a figure over 5k more!!

no court letters whatsoever so you obviously don't have to go to court before you can get bailiffs involved!

molerat

The company may well be certificated bailiffs but in this instance will probably be acting as debt collectors who have no powers whatsoever.

TheCyclingProgrammer

As everyone has said, they are not bailiffs or certainly not acting in that capacity as you haven't been to court over the debt. So stop calling them that, they are private debt collectors.

First thing to do would be to write to the debt collectors and tell them that the amount is disputed.

Then put your concerns to the builders in writing explaining why you will not be paying their final bill. Keep all evidence you require.

This will put the ball back in their court. It's unlikely anyone from the debt collectors will turn up at your house but if they do, do not speak to them and politely ask them to leave your property. They have very little power to do anything and they certainly cannot take your property. They are not court bailiffs.

It is down to either the builder or the debt collection agency, depending on their arrangement, to take you to court over the unpaid debt if you cannot resolve the dispute.

Nilrem

Summer_Dreams wrote: »

No papers, only a final bill from the builders son I received 6pm 6th Dec saying I had to pay balance by 7th Dec. And then bailiffs letter today for a figure over 5k more!!

no court letters whatsoever so you obviously don't have to go to court before you can get bailiffs involved!

Keep everything you've got as proof.

by the sounds of it they're dodgy as all hell as there is no way that it could be considered "reasonable" in legal terms for a bill to be presented after the end of office hours on day one, to be paid by day two, and have the debt collectors letter arrive on Day three.
It would mean besides anything else that the debt collectors had been called in before the bill's payment date, and the bill required payment in an unreasonable time frame.

I'm certainly not an expert but I'd be looking at seeing what the likes of TS say, as it sounds extremely dodgy, especially combined with the problems with the work done.

Summer_Dreams

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