How to take Legal Action against Cowboy Builder?

sher123

I started a double loft and kitchen (side & rear) extension job in October 2017. I hired a builder, who was recommended by my architect brother-in-law (in good faith). The scope of the job was agreed for a total sum of £60,000, with the verbal agreement that the job would be finished by the end of November 2017.

As soon as the work started, it started becoming clear that (i) the quality of work was sub-standard; (ii) several tasks were botched up with significant damages to existing structure; (iii) multiple instances of disregard to original advice from the architect; (iv) house where we continued to live with small kids was rendered dangerously unsuitable to live (with the bathroom ceiling collapsing one fateful night). The builder continued to mislead me regarding the progress of the project, while I naively paid him £5,000 every week as per the originally agreed payment schedule. By the end of November, I had ended up paying £35,000. Then the Romanian workers employed by the builder left en masse. The work slowed down considerably since the builder now employed a handyman to complete the job, while he struggled to fix the problems that he had created on his own with faulty jobs here and there. He started spending less and less time at the site, to avoid facing me. Having dragged the project to over 6 weeks beyond the original schedule, he decided to start the structural work in the ground floor extension (against my advice). As soon as the kitchen ceiling was propped up by acrows to install the beam, he called me late in the night in January to demand that I pay him £10,000 otherwise he will stop the work and leave the house in a dangerously unsafe situation. By this time, I was fed up to the gills to give in to any of his demand. I asked him to see me immediately in person or else I would report him to the police. Since then, the builder has been absconding with the work less than 30% finished and whatever was done was extremely shoddy and sub-standard.

After that scumbag builder left, it took me another 2 builders (with another one turning out to be a rogue/cowboy builder) and 7 more months to finish the whole job. Given the long catalogue of errors by the 1st builder, it ended up costing me £100,000 to get the project completed.

As soon the builder abandoned the work in January, I got a RICS surveyor to provide me with an Expert Witness Report to catalogue the mistakes in the builder’s job and to estimate the cost of fixing the problems and completing the original scope of work. As per the estimates in the report, the builder should refund me over £20,000 of the £35,000 that I had paid to him. I have several photographic & videographic evidence of the quality of work at different stages. I also have records of all the messages that were exchanged between me and the builder. I even have audio records of our face-to-face conversations during the last month at job when it was clear that the builder was looking to run away. Additionally subsequent builders who completed the job are more than willing to testify about the quality of the 1st builder’s job. When the builder left the job, I sent him 2 letters detailing the quality of work and unfinished job and demanding that he partially refund the payment to enable me to complete the job. As expected, the builder has ignored those letters.

It has been a long struggle and a bitter experience. In the hindsight, I should have been smarter with my payment, or should have kicked the builder out much earlier (but I was constrained by the fact that I had naively paid him too much in advance). To cut the long sorry story short, now that the project is complete, I would like to take legal action against the builder.

The reason I have made this long post is that I want to have more clarity from the forum members regarding the course of action that I should take.

1. Lack of Signed Written Contract:
Before the work was initiated, my architect brother-in-law drew up a contract detailing the scope of work and the value of contracted job (at £60,000). The copy of contract was sent to the builder by email. Unfortunately, since the things were hunky dory before the start, I never insisted that the builder hand me a signed copy of the contract.

Luckily all the payment that I made (£35,000) have all been made through bank transfer to the builder account, which is all on record. Mid-way when I saw that the project was slipping on time and quality, I sat down with the builder to draw up a detailed schedule of job to be completed. This schedule was hand-written by the builder himself, of which I have the copy. Furthermore, I have records of all messages and emails exchanged with the builder. I even have audio records of our face-to-face conversations during the last month at job when it was clear that the builder was looking to run away.

So even though the contract wasn’t formally signed up the builder, the agreement was implicit.
Do you think the lack of signed agreement gives the builder a wriggle-room to argue that there was no enforceable contract in place?
Does this make my plan of taking legal action a pointless exercise?


2. I don’t have builder’s current address:
At the point when the builder absconded, I asked him to provide me with his current address, to which he brazenly replied in mobile text “find me if you can”. I have the builder’s bank details, phone numbers, email, vehicle registration number, details of his previous companies on Companies House (which he has dissolved) and his mother’s address (whom he frequently visits); but I don’t have his current address. How do I serve him a legal notice? So far I have sent him 2 letters to his email and whatsapp account.

It is not that the builder is physically missing (since he is very much around and continues to scam other unsuspecting households), it is just that I don’t know his current address on which the legal notice can be served. I twice contacted the local police to help me trace him so that I could initiate legal action against him, but the police refused to provide the detail (or understandably get involved). However, the police did suggest that if a solicitor were to write to them then they may be able to provide the builder’s current address.

Is not knowing the current address where to serve the legal notice an impediment for initiating a legal action?
Can the legal notice be sent his old address (mother’s which he visits frequently, and which is what he told me his address was at the start of the contract) or by email etc.?


3. Sole Trader liability:
The builder currently (or at the time of work) doesn’t trade as a limited company but as a sole trader. From Companies House records, it is obvious that he has dissolved his 2 earlier companies. My understanding is that being a sole trader his liability is unlimited (unlike if he were company then he could easily file a bankruptcy and wash his hands of any monetary compensation).

For the amount I am looking to claim (~£20-25k), how can a court enforce compensation payment or refund (assuming that I get a favourable decision)?
Esp. if he declines to make a payment?
What if he doesn’t contest the claim or show up at the court for hearing? What good is “judgement in default’?
Can experienced forumers enlighten me about my options for getting the compensation payment? I am not really interested in winning the claim if I don’t get the compensation (due to lack of enforceability).


4. Which Court to file claim in?
Given the level of compensation claim (>£10k), smalls claims court is obviously not the right choice (even though I have previous familiarity/experience of successfully winning a claim in a small claims court).
What are the options for me: Fast track/multi-track, county court or magistrate’s court?
Where do I have best chance of enforcement of claim of ~£20-25k?


5. Delay in Filing the Claim:
The builder left the work at the start of the year (January 2018). I had been wanting to take legal action against the builder, but combination of headache of incomplete project and personal circumstances prevented me from initiating it thus far. It so happens that the roofing work done by the builder is now leaking from several places into my 1st floor and loft rooms. So every time it rains these days, we need to take out pots and pans to collect the leak. This further strengthens my resolve and gives me additional reasons to take the builder to the court.

Will the delay (i.e. 10-11 months lapse since his abandoning the job) in filing the legal claim count against me?
What is reasonable period beyond which the court will not admit the legal action?


Apart from the issues that I have highlighted above, I believe that I have a justifiable ground of making a successful claim against the builder. I would very much appreciate if experienced forum members can provide the right advice and answer the queries I have raised. I am in the process of contacting few solicitors and getting professional help, but I would like to get some educated pointers before I hire the right specialist (the last thing I want is to hire a cowboy solicitor and get another tumultuous ride).

Many thanks in advance.

keithdc

sher123 wrote: »

I started a double loft and kitchen (side & rear) extension job in October 2017. I hired a builder, who was recommended by my architect brother-in-law (in good faith). The scope of the job was agreed for a total sum of £60,000, with the verbal agreement that the job would be finished by the end of November 2017.

As soon as the work started, it started becoming clear that (i) the quality of work was sub-standard; (ii) several tasks were botched up with significant damages to existing structure; (iii) multiple instances of disregard to original advice from the architect; (iv) house where we continued to live with small kids was rendered dangerously unsuitable to live (with the bathroom ceiling collapsing one fateful night). The builder continued to mislead me regarding the progress of the project, while I naively paid him £5,000 every week as per the originally agreed payment schedule. By the end of November, I had ended up paying £35,000. Then the Romanian workers employed by the builder left en masse. The work slowed down considerably since the builder now employed a handyman to complete the job, while he struggled to fix the problems that he had created on his own with faulty jobs here and there. He started spending less and less time at the site, to avoid facing me. Having dragged the project to over 6 weeks beyond the original schedule, he decided to start the structural work in the ground floor extension (against my advice). As soon as the kitchen ceiling was propped up by acrows to install the beam, he called me late in the night in January to demand that I pay him £10,000 otherwise he will stop the work and leave the house in a dangerously unsafe situation. By this time, I was fed up to the gills to give in to any of his demand. I asked him to see me immediately in person or else I would report him to the police. Since then, the builder has been absconding with the work less than 30% finished and whatever was done was extremely shoddy and sub-standard.

After that scumbag builder left, it took me another 2 builders (with another one turning out to be a rogue/cowboy builder) and 7 more months to finish the whole job. Given the long catalogue of errors by the 1st builder, it ended up costing me £100,000 to get the project completed.

As soon the builder abandoned the work in January, I got a RICS surveyor to provide me with an Expert Witness Report to catalogue the mistakes in the builder’s job and to estimate the cost of fixing the problems and completing the original scope of work. As per the estimates in the report, the builder should refund me over £20,000 of the £35,000 that I had paid to him. I have several photographic & videographic evidence of the quality of work at different stages. I also have records of all the messages that were exchanged between me and the builder. I even have audio records of our face-to-face conversations during the last month at job when it was clear that the builder was looking to run away. Additionally subsequent builders who completed the job are more than willing to testify about the quality of the 1st builder’s job. When the builder left the job, I sent him 2 letters detailing the quality of work and unfinished job and demanding that he partially refund the payment to enable me to complete the job. As expected, the builder has ignored those letters.

It has been a long struggle and a bitter experience. In the hindsight, I should have been smarter with my payment, or should have kicked the builder out much earlier (but I was constrained by the fact that I had naively paid him too much in advance). To cut the long sorry story short, now that the project is complete, I would like to take legal action against the builder.

The reason I have made this long post is that I want to have more clarity from the forum members regarding the course of action that I should take.

1. Lack of Signed Written Contract:
Before the work was initiated, my architect brother-in-law drew up a contract detailing the scope of work and the value of contracted job (at £60,000). The copy of contract was sent to the builder by email. Unfortunately, since the things were hunky dory before the start, I never insisted that the builder hand me a signed copy of the contract.

Luckily all the payment that I made (£35,000) have all been made through bank transfer to the builder account, which is all on record. Mid-way when I saw that the project was slipping on time and quality, I sat down with the builder to draw up a detailed schedule of job to be completed. This schedule was hand-written by the builder himself, of which I have the copy. Furthermore, I have records of all messages and emails exchanged with the builder. I even have audio records of our face-to-face conversations during the last month at job when it was clear that the builder was looking to run away.

So even though the contract wasn’t formally signed up the builder, the agreement was implicit.
Do you think the lack of signed agreement gives the builder a wriggle-room to argue that there was no enforceable contract in place?
Does this make my plan of taking legal action a pointless exercise?


2. I don’t have builder’s current address:
At the point when the builder absconded, I asked him to provide me with his current address, to which he brazenly replied in mobile text “find me if you can”. I have the builder’s bank details, phone numbers, email, vehicle registration number, details of his previous companies on Companies House (which he has dissolved) and his mother’s address (whom he frequently visits); but I don’t have his current address. How do I serve him a legal notice? So far I have sent him 2 letters to his email and whatsapp account.

It is not that the builder is physically missing (since he is very much around and continues to scam other unsuspecting households), it is just that I don’t know his current address on which the legal notice can be served. I twice contacted the local police to help me trace him so that I could initiate legal action against him, but the police refused to provide the detail (or understandably get involved). However, the police did suggest that if a solicitor were to write to them then they may be able to provide the builder’s current address.

Is not knowing the current address where to serve the legal notice an impediment for initiating a legal action?
Can the legal notice be sent his old address (mother’s which he visits frequently, and which is what he told me his address was at the start of the contract) or by email etc.?


3. Sole Trader liability:
The builder currently (or at the time of work) doesn’t trade as a limited company but as a sole trader. From Companies House records, it is obvious that he has dissolved his 2 earlier companies. My understanding is that being a sole trader his liability is unlimited (unlike if he were company then he could easily file a bankruptcy and wash his hands of any monetary compensation).

For the amount I am looking to claim (~£20-25k), how can a court enforce compensation payment or refund (assuming that I get a favourable decision)?
Esp. if he declines to make a payment?
What if he doesn’t contest the claim or show up at the court for hearing? What good is “judgement in default’?
Can experienced forumers enlighten me about my options for getting the compensation payment? I am not really interested in winning the claim if I don’t get the compensation (due to lack of enforceability).


4. Which Court to file claim in?
Given the level of compensation claim (>£10k), smalls claims court is obviously not the right choice (even though I have previous familiarity/experience of successfully winning a claim in a small claims court).
What are the options for me: Fast track/multi-track, county court or magistrate’s court?
Where do I have best chance of enforcement of claim of ~£20-25k?


5. Delay in Filing the Claim:
The builder left the work at the start of the year (January 2018). I had been wanting to take legal action against the builder, but combination of headache of incomplete project and personal circumstances prevented me from initiating it thus far. It so happens that the roofing work done by the builder is now leaking from several places into my 1st floor and loft rooms. So every time it rains these days, we need to take out pots and pans to collect the leak. This further strengthens my resolve and gives me additional reasons to take the builder to the court.

Will the delay (i.e. 10-11 months lapse since his abandoning the job) in filing the legal claim count against me?
What is reasonable period beyond which the court will not admit the legal action?


Apart from the issues that I have highlighted above, I believe that I have a justifiable ground of making a successful claim against the builder. I would very much appreciate if experienced forum members can provide the right advice and answer the queries I have raised. I am in the process of contacting few solicitors and getting professional help, but I would like to get some educated pointers before I hire the right specialist (the last thing I want is to hire a cowboy solicitor and get another tumultuous ride).

Many thanks in advance.

1) Foolhardy, but clear that contract was made.

2) Could serve at mother's house, but really need to find his current address!

3) Judgement by default issued if not contested. Various options for enforcement, but all obviously require him to have some assets.

4) County court (where it will be allocated to an appropriate track)

5) Six years

phill99

Good luck with this one. My feeling is that the outcome wont be a happy one.

Doozergirl

You've gone to all this effort, but the place to take all of this is a solicitor for advice. Your first meeting might last an hour and cost £250 or thereabouts.

The very first time we had to litigate, the solicitor asked if the person had funds, because you simply cannot get blood from a stone.

If the person is as slippery as they appear, then whilst there is no limit to their liability, if he owns nothing of value then there is nothing to take and they can simply go bankrupt. If you use a solicitor, their fees will very quickly start eating into anything you reclaim too.

You need a solicitor for a realistic appraisal.

Perhaps the consumer board is the better place for questions like these. I always feel that we struggle to answer because most of us here to answer questions about how to do the work etc have integrity and actually no idea about what really to do when things go wrong, other than refer back to the contract.

tacpot12

If you can find him, you can find whether he owns the property he lives at via the Land Registry. If he does own the property, print off the Property Title to ensure he doesn't try to hide this asset.

There may be other assets of value at the property e.g. expensive cars, although these could be bought on HP so are not his property.

baldelectrician

I don't know about law down south but up in Scotland you have to prove you tried to contact the person such as;
Sending letter to previous address
Sending email
Using social media
Advert in papers
Notice in court board

You don't need an address to serve papers (it helps)

My advice would be to check if he has assets (have you checked his mums house- he may own it)

Doozergirl

baldelectrician wrote: »

My advice would be to check if he has assets (have you checked his mums house- he may own it)

My initial thought would be the opposite. These people charge in advance because they have no assets, no credit and move house so it's convenient to use mum's address. They don't have a good reputation to keep them in decent work either. Using your mum's address, being rubbish at your job and ripping people off isn't of the modus operandi of the successful businessperson.

ComicGeek

Taking all that into account, you do wonder why he was recommended by the OP's architect brother-in-law....

teneighty

As others have suggested, before you waste any money on solicitors it is important that you establish if he has any assets. That is going to be rather difficult if you do not know where he lives.

You will have to become your own private detective (or pay for a real private detective) to track down his home or trading address. If he is still trading he might well be traceable. Ask at all the local builders merchants etc. some have tradesmen's business cards pinned up. I would pretend he has been recommended and you are trying to get a quote for an extension.

Work from last known addresses, write to him there or get a friend to write pretending they want a quote as he might have re-direction, ask his neighbours. Check addresses from his old company and those of other company officers as they are probably friends or relatives.

Check with Building Control, officially they will not give you his details but if he is the cowboy you suggest then you might get an inspector to let it slip unofficially.

Get a friend to try the same ploy on social media, it is quite surprising what you can find on Facebook.

Also your prize prune of a brother in law owes you big time so he should be very well placed to make enquiries through his trade contacts.

If you cannot trace him or confirm whether he has sufficient assets to cover the claim I really wouldn't bother, you will just be throwing good money after bad. I worked on a case recently where the actual building claim was only £13k. By the time the solicitor was involved the legal costs and other extras pushed it up to £35k. I'm confident the builder would have settled at £13k but at £35k he decided to make a fight of it and it got very messy, it's still going through the courts now so I hate to think how much it is costing.

sher123

keithdc wrote: »

1) Foolhardy, but clear that contract was made.

2) Could serve at mother's house, but really need to find his current address!

3) Judgement by default issued if not contested. Various options for enforcement, but all obviously require him to have some assets.

4) County court (where it will be allocated to an appropriate track)

5) Six years

Thanks for precise clarification.

sher123

Doozergirl wrote: »

You've gone to all this effort, but the place to take all of this is a solicitor for advice. Your first meeting might last an hour and cost £250 or thereabouts.

The very first time we had to litigate, the solicitor asked if the person had funds, because you simply cannot get blood from a stone.

If the person is as slippery as they appear, then whilst there is no limit to their liability, if he owns nothing of value then there is nothing to take and they can simply go bankrupt. If you use a solicitor, their fees will very quickly start eating into anything you reclaim too.

You need a solicitor for a realistic appraisal.

Thank you for your comments.

I have only started looking out for solicitors. I contacted 3 of them and I was promised a call back from each and none of them called back. The level of service doesn't seem to be promising. Finally managed to reach another solicitor, who asked for £500 before even making an assessment or evaluation of the case (bit strange since their website claims to provide free initial case evaluation).

It is not that I am looking for free legal service, but before I given get started would it not be reasonable to assume that the lawyer at least provide an opinion on the merit of the case and a plan for making a successful claim? Can anyone with experience working with solicitor confirm if I can expect a professionally and critically-done evaluation after spending £250-£500 for 1st hour consultation?

Unfortunately at the this stage, I am having to just call solicitors purely based on google search, their advertised services, proximity to my place of residence/work etc. I don't have any word-of-mouth recommendation. Does there exist a "mybuilder" kind of website where I can solicit legal services, without having to call dozens of them?