Claiming off rogue builders insurance

Blinkin73

Hi everyone,

I wondered if any of you could advise on the situation.

I had the misfortune to employ a rogue tradesperson who undertook some really awful work on my property (painting, varnishing laying tiles, refelting shed roof etc). having already paid 50% I refused to pay the outstanding 50% of the invoice and he took opened a money cliam two days later without going through pre court action protocols. I have defended the claim stating negligence, breach of contract and breach of Consumer rights Act 2016 and put in a counterclaim for the same as well as fraudulent misrepresentation because his reviews on the site he advertised himself are fake and he is not a member of the federation of small businesses as he said he was.

Having attended a preliminary hearing on 26th July where I was given leave to amend my counterclaim to include Fraudulent misrepresentation, the Court also ordered the tradesperson to provide his insurance details and that he resubmitt his particulars of claim which were not compliant with CPR and resubmit his defence which was also not compliant with CPR.

To my surprise he has public liability insurance but his re submissions are still not compliant with CPR. I contacted his insurers to let them know of the impending Court case and was advised by them to forward a copy of the court order to them following the court case.

My concern is that the rogue tradesman hasnt informed them of the court case and thus they will not pay out. I dont think he has a bean himself. Is it sufficient that I have let them know?

The tradesperson was was removed form the review site after I sent them pictures of the work he did, the police reports I made when I contacted the police about his poor work and two days later when there was an attempted break in to my property as well as evidence that his reviews were fake. The trades person has since stated that the loss of income now he is no longer on the review website and the stress of the court case have made him so ill that he is unable to work and therefore pay half towards the costs of the expert report Ordered by Court. He also advises he is too ill to engage with the court process any further and has requested that I dont contact him any further .Surely this would have been covered by his insurers if they were aware.

I wrote to the Court to advise of the above and asked what to do next and advised that I would pay for the report if they gave me leave to but I have heard nothing. I also advised that the builder was reporting he was too ill to partake in the Court process and asked for guidance but have heard nothing and the time for expert report to be filed has gone. Though I did manage to get a quote for the remedial works which I served on the builder and filed in Court

What should I do now?

hollydays

An attempt to break into your property? How ? why would he?
Surely public liability insurance is more to do with for example injury caused to a customer?
Otherwise any poor tradesman would be claiming off them every week?
It's possible the insurers may have withdrawn his insurance cover due to what you've told them?
How did his poor work constitute a criminal offence?

Let the court deal with it.
He will need to provide medical evidence of his illness , it's not your problem.
Get a friend to ring him and get him to give them a quote for work-see how ill he really is!
I agree you shouldn't contact him, only through the court case, the time for talking has long passed.
I think you've done things in the wrong order. If you knew he ' hadn't got a bean'
causing him difficulties with employment wasn't wise until after the court cases were resolved.

Blinkin73

Thanks hollydays,

But wow..love the judgements you are making without knowing the case or asking any questions.

He initiated proceedings against me two days after I said I wouldnt pay the remainder of the money owed due to his poor workmanship/lack of skill/negligence and I defended and counterclaimed as youre suppossed to. There was no other way of doing it. You have to counterclaim for the damage caused by his workmanship when you defend a claim otherwise you have to pay to ask the Court for leave to counterclaim.

The builder made out he was this very experienced and successful builder and yet all of a sudden he does not have £175 to pay towards an independent expert report of his works due to being too stressed an ill from the court case HE initiated without so much as writing to me to discuss it. Even though when I said I wasnt going to pay, I advised I would be in contact to discuss further, Ie I would have written to him advisng him of what I wasnt happy with.

I wasnt trying to cause him to lose work but I didnt want anyone to go through what I am having to go through, ie have someone abuse the court process in an effort to make me pay money they didnt deserve. I doubt he only works through the review website, in actual fact his own website details other people he has supposedly worked for. I think he is just saying this to prevent an expert reporting on his work, which is appaulling and according to the quote I got its going to cost over £15000 to put right

I never said his poor work constituted a criminal offence. The advice online is to report rogue traders to the police, which I did, who in turn asked me to report it to trading standards which I did. I thought he might be trouble given that he thought it appropriate to come round my house at 11pm to try and make me pay. And then two days later I find that someone has tried to break into the property. Coincidence???!!! But I reported that to the police. I informed the review site of the trouble I was having and they requested copies of the police reports and pictures which I provided.

I am letting the Court deal with it, I am just thinking ahead. He has public liablity insurance which covers not just injury but damage to property. So I am hoping to claim from his insurance but I dont think he has made them aware. I only contacted them to find out what would happen if the Courts find in my favour. They advised me to send them a copy of the Court order but I dont think its that simple so I would like to do all I can to reclaim the monies for the damage.



Do you know anything about Public liability or insurance? if not, why are you providing advice especially when its wrong and you are not even trying to check the facts?

I guess it would be better if someone who had had to deal with such a situation replied to this post or someone who has a vague idea about how courts and insurance works.

Sorry if I seem a tad narked but I cant believe your post. BTW the Courts recommend you keep trying to resolve matters..that can happen right up until the Court date..hence lots of people settle disagreements just before Court.

But thank for your time.

JJ_Egan

<<But wow..love the judgements you are making without knowing the case or asking any questions.>>

But this is a public forum and anyone is free to give their thoughts .

<<Do you know anything about Public liability or insurance? if not, why are you providing advice especially when its wrong and you are not even trying to check the facts?

I guess it would be better if someone who had had to deal with such a situation replied to this post or someone who has a vague idea about how courts and insurance works.>>

Really then you should be asking a qualified persons opinion not asking the general public .

glentoran99

Blinkin73 wrote: »

Thanks hollydays,

But wow..love the judgements you are making without knowing the case or asking any questions.

He initiated proceedings against me two days after I said I wouldnt pay the remainder of the money owed due to his poor workmanship/lack of skill/negligence and I defended and counterclaimed as youre suppossed to. There was no other way of doing it. You have to counterclaim for the damage caused by his workmanship when you defend a claim otherwise you have to pay to ask the Court for leave to counterclaim.

The builder made out he was this very experienced and successful builder and yet all of a sudden he does not have £175 to pay towards an independent expert report of his works due to being too stressed an ill from the court case HE initiated without so much as writing to me to discuss it. Even though when I said I wasnt going to pay, I advised I would be in contact to discuss further, Ie I would have written to him advisng him of what I wasnt happy with.

I wasnt trying to cause him to lose work but I didnt want anyone to go through what I am having to go through, ie have someone abuse the court process in an effort to make me pay money they didnt deserve. I doubt he only works through the review website, in actual fact his own website details other people he has supposedly worked for. I think he is just saying this to prevent an expert reporting on his work, which is appaulling and according to the quote I got its going to cost over £15000 to put right

I never said his poor work constituted a criminal offence. The advice online is to report rogue traders to the police, which I did, who in turn asked me to report it to trading standards which I did. I thought he might be trouble given that he thought it appropriate to come round my house at 11pm to try and make me pay. And then two days later I find that someone has tried to break into the property. Coincidence???!!! But I reported that to the police. I informed the review site of the trouble I was having and they requested copies of the police reports and pictures which I provided.

I am letting the Court deal with it, I am just thinking ahead. He has public liablity insurance which covers not just injury but damage to property. So I am hoping to claim from his insurance but I dont think he has made them aware. I only contacted them to find out what would happen if the Courts find in my favour. They advised me to send them a copy of the Court order but I dont think its that simple so I would like to do all I can to reclaim the monies for the damage.



Do you know anything about Public liability or insurance? if not, why are you providing advice especially when its wrong and you are not even trying to check the facts?

I guess it would be better if someone who had had to deal with such a situation replied to this post or someone who has a vague idea about how courts and insurance works.

Sorry if I seem a tad narked but I cant believe your post. BTW the Courts recommend you keep trying to resolve matters..that can happen right up until the Court date..hence lots of people settle disagreements just before Court.

But thank for your time.

http://www.simplybusiness.co.uk/insurance/public-liability/


What is public liability insurance?

Public liability insurance protects you if clients or members of the public suffer personal injury or property damage because of your business. It can pay for the costs of subsequent legal expenses or compensation claims and is an integral cover for businesses that interact regularly with customers.
A customer slipping or tripping over is one of the most common accidents in the book and can often result in a public liability insurance claim. Watch our consultant Massimo explain what public liability insurance means and why most businesses need it.

KeithP

Blinkin73 wrote: »

I thought he might be trouble given that he thought it appropriate to come round my house at 11pm to try and make me pay. And then two days later I find that someone has tried to break into the property. Coincidence???!!!

Yes, coincidence.

Do you have any evidence it is anything else?

glentoran99

Blinkin73 wrote: »

Thanks hollydays,

But wow..love the judgements you are making without knowing the case or asking any questions.

He initiated proceedings against me two days after I said I wouldnt pay the remainder of the money owed due to his poor workmanship/lack of skill/negligence and I defended and counterclaimed as youre suppossed to. There was no other way of doing it. You have to counterclaim for the damage caused by his workmanship when you defend a claim otherwise you have to pay to ask the Court for leave to counterclaim.

The builder made out he was this very experienced and successful builder and yet all of a sudden he does not have £175 to pay towards an independent expert report of his works due to being too stressed an ill from the court case HE initiated without so much as writing to me to discuss it. Even though when I said I wasnt going to pay, I advised I would be in contact to discuss further, Ie I would have written to him advisng him of what I wasnt happy with.

I wasnt trying to cause him to lose work but I didnt want anyone to go through what I am having to go through, ie have someone abuse the court process in an effort to make me pay money they didnt deserve. I doubt he only works through the review website, in actual fact his own website details other people he has supposedly worked for. I think he is just saying this to prevent an expert reporting on his work, which is appaulling and according to the quote I got its going to cost over £15000 to put right

I never said his poor work constituted a criminal offence. The advice online is to report rogue traders to the police, which I did, who in turn asked me to report it to trading standards which I did. I thought he might be trouble given that he thought it appropriate to come round my house at 11pm to try and make me pay. And then two days later I find that someone has tried to break into the property. Coincidence???!!! But I reported that to the police. I informed the review site of the trouble I was having and they requested copies of the police reports and pictures which I provided.

I am letting the Court deal with it, I am just thinking ahead. He has public liablity insurance which covers not just injury but damage to property. So I am hoping to claim from his insurance but I dont think he has made them aware. I only contacted them to find out what would happen if the Courts find in my favour. They advised me to send them a copy of the Court order but I dont think its that simple so I would like to do all I can to reclaim the monies for the damage.



Do you know anything about Public liability or insurance? if not, why are you providing advice especially when its wrong and you are not even trying to check the facts?

I guess it would be better if someone who had had to deal with such a situation replied to this post or someone who has a vague idea about how courts and insurance works.

Sorry if I seem a tad narked but I cant believe your post. BTW the Courts recommend you keep trying to resolve matters..that can happen right up until the Court date..hence lots of people settle disagreements just before Court.

But thank for your time.

Public Liability insurance DOES NOT cover poor workmanship, Its cover if someone is injured, Or he hits a pipe, or falls through a roof that kind of thing, Not a poor standard of work

hollydays

Blinkin73 wrote: »

Thanks hollydays,

But wow..love the judgements you are making without knowing the case or asking any questions.

He initiated proceedings against me two days after I said I wouldnt pay the remainder of the money owed due to his poor workmanship/lack of skill/negligence and I defended and counterclaimed as youre suppossed to. There was no other way of doing it. You have to counterclaim for the damage caused by his workmanship when you defend a claim otherwise you have to pay to ask the Court for leave to counterclaim.

The builder made out he was this very experienced and successful builder and yet all of a sudden he does not have £175 to pay towards an independent expert report of his works due to being too stressed an ill from the court case HE initiated without so much as writing to me to discuss it. Even though when I said I wasnt going to pay, I advised I would be in contact to discuss further, Ie I would have written to him advisng him of what I wasnt happy with.

I wasnt trying to cause him to lose work but I didnt want anyone to go through what I am having to go through, ie have someone abuse the court process in an effort to make me pay money they didnt deserve. I doubt he only works through the review website, in actual fact his own website details other people he has supposedly worked for. I think he is just saying this to prevent an expert reporting on his work, which is appaulling and according to the quote I got its going to cost over £15000 to put right

I never said his poor work constituted a criminal offence. The advice online is to report rogue traders to the police, which I did, who in turn asked me to report it to trading standards which I did. I thought he might be trouble given that he thought it appropriate to come round my house at 11pm to try and make me pay. And then two days later I find that someone has tried to break into the property. Coincidence???!!! But I reported that to the police. I informed the review site of the trouble I was having and they requested copies of the police reports and pictures which I provided.

I am letting the Court deal with it, I am just thinking ahead. He has public liablity insurance which covers not just injury but damage to property. So I am hoping to claim from his insurance but I dont think he has made them aware. I only contacted them to find out what would happen if the Courts find in my favour. They advised me to send them a copy of the Court order but I dont think its that simple so I would like to do all I can to reclaim the monies for the damage.



Do you know anything about Public liability or insurance? if not, why are you providing advice especially when its wrong and you are not even trying to check the facts?

I guess it would be better if someone who had had to deal with such a situation replied to this post or someone who has a vague idea about how courts and insurance works.

Sorry if I seem a tad narked but I cant believe your post. BTW the Courts recommend you keep trying to resolve matters..that can happen right up until the Court date..hence lots of people settle disagreements just before Court.

But thank for your time.

I haven't made any judgements .
If this is how you've responded to my post , I have to say you should have t someone else communicate with him who's got a cooler head.
There are lots of poor workmen, but that doesn't make them criminals .
The police didn't need to know about the bad work,


Considering your title was asking about claiming off his insurance, I've responded pointing out you can't. I tried to be tactful to save you embarrassment but I shouldn't have bothered. You are the one who hasn't checked their facts

I wasn't saying you were wrong in what you did which he ' says' caused him to lose work , I said you'd have been better off doing that last.
I didn't say you were wrong to counterclaim , I suggested the other things you did were poorly timed, that's if you want any money back.

You've got a nerve quite frankly asking me what I know when I've advised correctly and you are wrong about trying to claim on his insurance.

As for talking - he's now told you directly not to contact him so you'd be advised to heed that request!
There's discussion and then there's harassment..

Certainly one of the questions hasn't been answered. How exactly did someone try to break in? I don't see a mention of that on your other thread.

A lot of what you've put in this post is just a repeat of the first post, tbh, and I particularly don't understand why you say he said he was highly successful , but then say he hasn't got a bean?
It appears you only have his word for this?
You need to calm down and get legal advice before you cause yourself more problems

hollydays

:lipsrsealAll same property it seems..

Negligent and Malicious agent
http://www.legalbeagles.info/forums/showthread.php?99856-Help!-Negligent-and-malicsious-ex-Agent


Rogue builder
http://legalbeagles.co.uk/forums/showthread.php?98816-Counterclaim-default-Judgement. " poop around toilet"


Misrepresentation AND Nightmare neighbour ( " I did a law degree")

https://forums.moneysavingexpert.com/discussion/comment/69013416#Comment_69013416


The op seems to be a serial complainer/ litigant


Agent, tenants, builder, neighbours.. hmm I wonder what the common denominator is...:think:

[Deleted User]

hollydays wrote: »

The op seems to be a serial complainer/ litigant

Yes, I was about to suggest potential respondents here should first look back at the OP's posting history and the particular course of those threads.

I didn't think to look at other forums, however!

hollydays

KeithP wrote: »

Yes, coincidence.

Do you have any evidence it is anything else?

In ops other post she says she changed the locks, then he turned up with two others and a letter full of threats and abuse , odd that , puts it in writing
It was after this that there was an attempted " break in", allegedly. The op is want to mention that's she's a female living on her own.

Sounds like overdoing the victim bit to me
No wonder he turned up with witnesses.
Coincidence inded that she reported a non crime to the police then she had a " break in" ( no witnesses obviously)

The builder put a letter through her door asking her to respond by the next morning, the op chose not too. Pride Comes before a fall, Now ops complaining she can't sell
The house till the case is over.
One of the things the builder said about the property was " you can't polish a turd"
Nuff said.