Advice please

waamo

Sawrus wrote: »

Sorry, no I didn't explain very well the project was 52K and to move the drainage was an additional 5k

I doubt you are entitled to a full refund after all you asked for some work to be done which he has. You are probably entitled for the unnecessary work if he deliberately mislead you.

You will also be entitled to have the shody work rectified. Have you had any quotes yet to put it right?

I would still say see a solicitor. This is likely to be above the small claim threshold. Costs can be recovered in larger claims and expenses can get eye watering. A solicitor will be able to guide you.

steampowered

In your posts you are making two quite separate allegations against the builder:

1) A claim for fraud, because the builder told you that the drainage had to be moved.

2) A claim for poor worksmanship.

Claim number 1 is a fraud claim and could potentially be brought against the builder personally.

Claim number 2 is just a breach of contract claim. It has nothing really to do with the alleged fraud. If you contracted with the company, you could only ever bring that claim against the company. I see no basis for bringing that claim against the individual.

I suppose the next logical question is whether the limited company has insurance or whether it has any assets? You can check their accounts on Companies House at https://beta.companieshouse.gov.uk/. Do you know if they have PI insurance?

Sawrus

[In your posts you are making two quite separate allegations against the builder:

1) A claim for fraud, because the builder told you that the drainage had to be moved.

2) A claim for poor worksmanship.

Claim number 1 is a fraud claim and could potentially be brought against the builder personally.

Claim number 2 is just a breach of contract claim. It has nothing really to do with the alleged fraud. If you contracted with the company, you could only ever bring that claim against the company. I see no basis for bringing that claim against the individual. Steampower
QUOTE]
[/QUOTE]
thank you for your info. It appears the company from last years details, they open for a year then go into liquidation, I'm sure they will do the same again.
Claim 1 - I wanted to go down the route of fraud the building company do not know I have found out about the drainage, it was only because I contacted the building reg company,

Claim 2 - The second part mainly because having read on various sites (for shoddy workmenship) to try and claim via small claims or a solicitor for larger sums you really don't have a leg to stand on
The fraud route (CIaim 1) I thought maybe it might bring a bit of justice maybe not to me (but hopefully so) but for other people too.
I know I am partly to blame for not being on the ball. and not making sure they were doing what they were supposed to do.(Claim 2)
There's no excuse for fraud.
The shoddy workmanship (Claim 2) I did actually tell them that I am quite happy for a refund of 30K and they can keep the rest (the work they have done isn't anywhere near 27k) so I think I was being very fair, but they have said they don't have that capital. They would be prepared to pay a monthly (if they had the funds that month) sum of 5k ish, but I can see where that will go...one payment of 5k then they will go into liquidation.
They have brought pick up trucks from the last time I saw them, hence I wanted to go down the fraud route.because if they do go into liquidation I would suspect the pick-up are owned by them and not the company Hope that makes some sense

steampowered

You can DIY simple claims, even if they are not small claims track. The courts are perfectly receptive to that.

The problem is that, outside small claims track, you will be liable for the Defendant's legal costs if you lose the case.

The other problem is that for a claim the size of Claim 2 against a builder - if the claim is defended at the first stage - you are probably going to need expert evidence to win the case. This means an independent expert instructed in line with the court process. It is not as simple as just finding someone you like to write a report - the identity of that person and scope of instruction will have to be agreed by the Defendant or determined by the court.

If you wanted you could "have a go" at making a civil fraud claim against the builder personally for Claim 1 the £5k. That is below £10k so could be brought within the small claims track limit. I'm a bit sceptical you'd win that claim if it was defended - I'm not sure exactly what the fraud was (you would normally have to specify the exact statement made by the builder which you say was fraudulent) and how you would go about proving that - but you could have a punt if you wanted. Costs can be awarded against you even in small claims track in rare circumstances but in small claims track is very unlikely if you at least have some evidence/substance to your claim.

In a lot of these cases the builder doesn't put in a proper defence within the time limit so you end up with a default judgment without the courts even looking at the substance of the case, a default judgment is still perfectly enforceable as a CCJ !!!

As Claim 2 would require expert evidence and is clearly not within the small claims limit, it would be a bit higher risk as to whether you wanted to pursue that claim or not. I think you'd have to pursue it against the company first (as the company you entered into a contract with), and then pursue a separate insolvency claim against the director if the director simply took money out of the company and liquidated it (which they are not allowed to do - since creditors of a company have to be paid before the company's shareholders). That is all an expensive and dragged out process though.