Cowboy builder & small claims court - who/ what is the defendant?

orangecrush

Thank you both. I will look into those suggestions. Very reassuring if true!

I’ll update as I find out.

Cheers to everyone for the help - I’m so grateful!

[Deleted User]

Be prepared to escalate the claim if you win to a County Court. County Court Sheriffs have more powers to get the money back than ordinary bailiffs. But also agree that you should make the claim against the individual and the company. And make sure you have the correct addresses for the individual (company address/home address).

macman

You are forgetting two important points: One, if you sue the ltd company, has it got any assets? Unlikely for a builder, unless his van was purchased by the company. Small builders often hire their plant as required. Two, the company will probably just be made insolvent if you sue it. Same result-you will recover nothing.
If you sue him, has he got any assets? His wife has kicked him out, he's fled the area. Unless he has a vehicle or goods to seize, it doesn't look very promising.

orangecrush

Thank you both! We are prepared to escalate, if necessary. I have the addresses from Companies House, and know where he personally is living right now, thanks to friends of friends of friends. (Facebook is a fabulous thing, but this makes me glad I don't have an account myself!)

I expect we will not get anything back, but want to proceed for the small chance that we do. I know not everyone would bother, but for me personally I am treating it as an audit of what went wrong and a moving-on process. If we get any of our costs back I will be glad, but that's not the only reason I want to go ahead.

moneytorques

I would love to know what the outcome was or the latest on your situation with the cowboy builder as Im in the same boat!

orangecrush

Hello moneytorques!

Sorry for my tardy reply.

We did not, sadly, get any money out of this. We filed the MCOL jointly against the company and the individual. The paperwork from MCOL was returned to us from the registered company address, and long long after, the company was struck off. The paperwork from the individual address wasn't returned, so to my knowledge was received.

The builder did not respond to our letter before action, or any part of the MCOL process, so we were automatically awarded the costs we specified. I sent all my documentation just in case - even down to getting 3 quotes to rectify the work, developing a spreadsheet setting it all out... It was a bit of an anticlimax when he didn't respond!

I didn't take it beyond that point because I was pregnant and rather ill. I prioritised getting the house finished in time for the baby's arrival (it was - JUST! We still have doors that are only primed though :rotfl:).

I'm sorry you're in a similar position, and sorry for taking so long to reply - I didn't get any notifications for some reason. I hope you've managed to resolve your situation!