Who do i take to court/

cococlown

I recently had my gutters, fascias and soffit boards replaced on my house, the work also included removal of ridges and rebedding.
The gutter leaks, the ridges look like they have been repointed not removed and rebedded, in fact the whole job looks rubbish.
Have asked numerous times for builder to come back but falls on deaf ears.
Notified builder that at a given date if work not rectified would find some one who can and pass bill on to them.
He is not going to pay this bill so i guess i will be going to small claims court.
He is a single trader not ltd do i use the company name or his individual name??
Thank you in advance

Steve

TheCyclingProgrammer

A sole trader is in business for them selves so you would take him to court naming him.

ERICS_MUM

Have you paid him yet for the work he's already done ?

cococlown

Yes unfortunately paid him as went to work in the dark and came home in the dark but did raise concerns about his workmanship.
I know i will end up taking him to court but whos name do you put on the person to sue, the name of the individual trading as ??????????????? or the company
Thank you
Steve

casper_g

Sue the trader as an individual person. There is no company as a corporate "person" to name on the court papers, just a name he gave himself for marketing purposes.

Annie1960

You put both on the online form. There is a box for his name, and also a box called 'trading as'.

When you write to him, make sure you write 'Consumer Rights Act 2015' - letter before action' as the heading.

See Citizens' Advice here:

https://www.citizensadvice.org.uk/consumer/getting-home-improvements-done/problem-with-home-improvements/


In your position, it would also be helpful to ring Citizens Advice /Trading Standards telephone helpline.

https://www.tradingstandards.uk/consumers/support-advice

ERICS_MUM

Good luck, let us know how you get on (eventually!)

cococlown

Have sent him a letter of intent to get another builder but heard nothing.
Bury your head in the sand and hope it all goes away syndrom.
Well it will not unfortunatley for him
Will keep you posted and thank you for the advice everyone

Rgds Steve

cherydee

About 15 yrs ago I took a painter and decorator to the small claims court, I never got a bean, he got a county court judgement against his name which I doubt he'd be bothered about as prob had a few. So annoyed I paid for a bailiff to go around to his house, they came back saying he had nothing worth taking. A complete waste of time and money.

cococlown

Well I hear what you are saying but I am not prepared to roll over.
I know he has a big super bike, a van tools ect so I dont know what else to do.
Thank you for your input

Rgds Steve

JohnB47

cococlown wrote: »

Well I hear what you are saying but I am not prepared to roll over.
I know he has a big super bike, a van tools ect so I dont know what else to do.
Thank you for your input

Rgds Steve

I took a local general builder to court over money paid but work not done, despite repeated promises. Went through the whole Small Claims Court malarkey, got a judgement against him, with no result. He just ignored the whole proceedings. I decided that, for £400, it wasn't worth the risk of throwing more money away by paying for a bailiff and still getting no result.

Next time I won't pay all up front and will check carefully before paying the final bill.

I wouldn't bother with court proceedings unless the amount concerned was over £1000, because then I would go the whole hog.