Builder Issue

SiennaInLondon

I've had a bathroom floor put in by someone who turned out to be a cowboy tiler. The floor failed. He was given many chances to show up to fix his mess but he kept disappearing and now he has done a total runner.

I sent a letter 14 days ago tomorrow so will put in a small claims court claim tomorrow. Not sure if he'll sta in the country as he is Romanian but I feel wronged and feel it is my duty to take him to the court.

My question is: can I continue the work with someone else because as it stands, my building work has ground to a halt and that's the main bathroom and only bath in the house. Or will this affect my claim? It's such a hassle living in the middle of a building site and the Citizen's Advice Bureau are impossible to get an appointment at. Have been five times only to be told that there are no tickets left, and nobody picks up at the number.

Warwick_Hunt

Maybe you should cut your losses and move on.

SiennaInLondon

I would but I have nothing to lose by taking him to court, have all texts and conversations recorded and have acknowledgement from him that the calls were recorded. I don't doubt I'll win. But it's also a matter of principle. I do feel personally betrayed by someone I was kind to and let into my house.

SiennaInLondon

Anyway, just asking if anyone had any legal advice about whether proceeding with the work would affect my claim.

Warwick_Hunt

SiennaInLondon wrote: »

I would but I have nothing to lose by taking him to court, have all texts and conversations recorded and have acknowledgement from him that the calls were recorded. I don't doubt I'll win. But it's also a matter of principle. I do feel personally betrayed by someone I was kind to and let into my house.

And when you win will you pay for bailiffs to enforce the debt?

SiennaInLondon

Yes I will

gettingtheresometime

I know it's not the question you asked but Warwick makes a valid point.


It's not so much a case of him paying but the chance of him paying once you've incurred all the costs in the first place - yes I know he will be liable for them but if you think there's a high probability he'll do a runner rather than pay up even the amount you're claiming, is it worth it when you include the costs & the hassle of claiming.


Unfortunately it does sound like its a case of you throwing good money after bad.

steampowered

There is no technical legal reason to delay doing the work.

However, if the case is defended, you will need to think about what evidence you will need to give to the court. Fixing the work will remove any physical evidence of what the floor was like beforehand.

So make sure you keep lots of evidence about what went wrong and what it cost to put it right. For example take lots of photographs and get a receipt from the new builder.

As others have advised you should query whether you are throwing 'good money after bad'.

It is generally only worth suing someone if you have their address so that you can send bailiffs round if needs be.

SiennaInLondon

Thank you that's helpful.

Thank you that's helpful. I have lots of photos, conversation with the dodgy builder recorded discussing the floor after I sent him the photo etc. I'm also getting a written analysis on the work from someone else.

I do also have his address. The address on the receipt matched the one held by mybuilder.com (they've been helpful) and the builder has I family I believe, so I don't know how easy it will be for him to up and leave. We'll see.

DoaM

How did you pay him?

lincroft1710

SiennaInLondon wrote: »

The floor failed.
How did it fail?

He was given many chances to show up to fix his mess but he kept disappearing and now he has done a total runner.
That sounds as if you couldn't find him and now is no longer at the address you believe is his

I sent a letter 14 days ago tomorrow so will put in a small claims court claim tomorrow. Not sure if he'll sta in the country as he is Romanian
So is he still in UK?

but I feel wronged and feel it is my duty to take him to the court.
There is no obligation for anyone to take a rogue trader or debtor to court. You take someone to court to get a judgement against them, an official acknowledgement that you are owed money

I am a firm believer that wrongdoers should be punished. However when it comes to getting money from rogue traders or debtors, the system is far from foolproof and the cost of pursuing a claim has to be balanced against the likelihood of getting the money back and how much the debt is for.

Principles shouldn't enter this equation, just economics