Cowboy builder

GinnyBubbles

Please advice.....My daughter paid for an outside animal orphan room so she could do hand rearing and rescue work from home. (She works with wildlife) When speaking with the builder she stipulated that we had to be able to take it with us when we moved which was hopefully going to be within the next yr or so. He assured us that he would build a room that we would be able to take either on a trailer or easily taken apart and put up again. Within 6 months we moved and found we couldn't put it on a trailer as the driveway was too steep and telegraph wires. It couldn't be taken apart as it was fixed with over 5000 corrugated nails that ripped the cladding as soon as pulled out. Also, he'd fixed it to the adjoining fences. He has refused to communicate when we asked for help and we feel cheated out of over £8000 as that's what it cost in total. My daughter told him she'd saved for years for this room and he said he'd do a good job. I need advice as to whether we have a legal case or not as nothing was put in writing but we texted to make sure we could take it with us easy enough and he'd said yes each time. We no longer have the texts though. We've spent another £400 to take this through the small claims court, and the next stage is mediation as he's rejected the claim that he's misled us. We can't afford it but don't want to be victims and if nothing else it'll stop him doing it to other people. The builder who dismantled it did it in stages and took photos and has written a report stating this could not be rebuilt or transported due to the way it was built. My question is what do people think our chances are of winning this case? Thank you in advance, we are sick with worry.

Aylesbury_Duck

jockmowgli wrote: »

Please advice.....My daughter paid for an outside animal orphan room so she could do hand rearing and rescue work from home. (She works with wildlife) When speaking with the builder she stipulated that we had to be able to take it with us when we moved which was hopefully going to be within the next yr or so. He assured us that he would build a room that we would be able to take either on a trailer or easily taken apart and put up again. Within 6 months we moved and found we couldn't put it on a trailer as the driveway was too steep and telegraph wires. It couldn't be taken apart as it was fixed with over 5000 corrugated nails that ripped the cladding as soon as pulled out. Also, he'd fixed it to the adjoining fences. He has refused to communicate when we asked for help and we feel cheated out of over £8000 as that's what it cost in total. My daughter told him she'd saved for years for this room and he said he'd do a good job. I need advice as to whether we have a legal case or not as nothing was put in writing but we texted to make sure we could take it with us easy enough and he'd said yes each time. We no longer have the texts though. We've spent another £400 to take this through the small claims court, and the next stage is mediation as he's rejected the claim that he's misled us. We can't afford it but don't want to be victims and if nothing else it'll stop him doing it to other people. The builder who dismantled it did it in stages and took photos and has written a report stating this could not be rebuilt or transported due to the way it was built. My question is what do people think our chances are of winning this case? Thank you in advance, we are sick with worry.

Why is mediation unaffordable? It should be free, shouldn't it? It sounds like you're in the middle of a legal process already, so see that through.

GinnyBubbles

To get to mediation we had to pay £400. Thanks for your reply.

waamo

Mediation arranged by the court is usually free. You say you've launched a small claim are you sure it's been allocated to the small claim track? Given the amount it may well not have.

GinnyBubbles

waamo wrote: »

Mediation arranged by the court is usually free. You say you've launched a small claim are you sure it's been allocated to the small claim track? Given the amount it may well not have.

We had to pay £400 to submit small claim then they offered mediation, if it goes to a hearing it's another £370. Thanks for your message.

waamo

You will find that the £400 paid includes a fee for mediation. If you are still able to then accept mediation.

Has this been allocated to a track yet?

Aylesbury_Duck

We can't afford it but don't want to be victims

If you can't afford it, I can't see what you can do to continue. If paying £370 is the only way to take it forward, you have to decide if the risk is worth it.

Are you sure you should be paying these sums, though? Who have you paid £400 to and who is asking for another £370?

waamo

Aylesbury_Duck wrote: »

If you can't afford it, I can't see what you can do to continue. If paying £370 is the only way to take it forward, you have to decide if the risk is worth it.

Are you sure you should be paying these sums, though? Who have you paid £400 to and who is asking for another £370?

The fees are broadly correct for an £8000 claim. £410 filing fee if done online or £455 if a paper application is made.