Being made to struggle at no fault of your own

unlucky4me

Little Ninja
they would not put things wright, would not turn up if they did they only said they could do minimal repairs, even asked for more money to put it wright. Because we paid upfront they just didn't want to come back. i wasn't horrible to them or shouting at them, i just wanted done   

enthusiasticsaver

Who are these loans you are paying to?  If the windows only cost £4k and you paid upfront why are you paying £2k a month 5 years later?  I am sorry but paying £18k to solicitors to get back a £4k payment is crazy.  A small claims court at a fraction of the price would have done.  I don't know why you took that route but that was a mistake. I cannot help thinking though that the windows is a bit of a red herring.  How much is your debt in total and did it come about just through the windows and legal costs or are there other factors in play here like reduced income or overspending?  Does your partner work? 

If you have equity in your house I would not advise bankruptcy.  If you are struggling with repayments to credit cards and personal unsecured loans then post an soa on here (there are links on the sticky at the top of the DFW forum) or contact stepchange and you may need to consider a DMP.  That is entirely separate to the collection of the debt from the cowboy builders who put your windows in.  Did a solicitor advise you to take this route to recoup your money? If so, you may also have been stung by a cowboy solicitor. I would contact the CAB.  

sourcrates

Who made you pay £18.000 in solicitors fee`s for what amounts to 4k worth of windows ?

You don`t need a solicitor to make a claim.

On MCOL the fee for a claim up to 5k is £185.00 if paid online.

Where on earth has this 18k come from ???

Once legal fee`s passed the value of your claim, did you not think, wait a minute, this can`t be right ?

You are either the victim of a scam, or exceptionally bad advice.

unlucky4me

unfortunately as i have stated before all solicitors fee's this has accumulated over the five years off trying just to get the windows put wright. The whole issue with the company was describable, they even accused my partner of coming at their workers with a hammer !!, this was office staff, who accused him of that. Thankfully when asked for a witness statement for court never of these guys stated that, as, it didn't happen.  My partner didn't have a clue how much i was paying out as, he has a condition that is aggravated by stress, which can make him really ill. so basically he thought i was dealing with it. I had enough i just wanted just them to give our money back so we could have them done properly by another company, a stubborn !!!!!! i am, but they should not be able to do this to people and get away with this. I had heard them advertise on the radio so why would they not do a good job, so not a small company by far. Our first court appearance after our name and the company name was called out' a lady sitting next to me said, she was also there fighting a case. Her windows ect were fitted she was holding back a payment of £160 until they put things wright with her windows. Unbelievable they took her to court. Her builders whilst she was on holiday, stopped them trying to remove her glass from the windows, which would have left their house open to anyone entering their property. They are unbelievable, lots more to say but just trying to justify why i wanted them to pay up. We are going to take it up with the solicitors in regards to costs for interest i have had to pay on the cards and loan, thats to come. Stupid yes i am very aware of this.. 

Dljoynson

I am so sorry to hear of your situation,

If this is a big reputable company maybe you could threaten them with going to the media if some payments are not made?

Maybe you could search them on trust pilot and see if anyone else has had similar problems and if so what have they done about it?

Unfortunately if they are a limited company they could go in to liquidation and then just start up another business in a new name. :-(

If you went to the media people in your local community may want to help and donate to your situation, I don't know how you would feel about that but it seems you are between a hard place and a rock right now. I hope everything works out for you. 

phillw

unlucky4me said:

unfortunately as i have stated before all solicitors fee's this has accumulated over the five years off trying just to get the windows put wright. 

You may also have a valid complaint against your solicitor. They don't appear to have acted in your best interests.
But if the court awarded you costs and they have refused to pay and are still trading then I would have thought your solicitor would have been able to advice you on what to do next.

GrumpyDil

It's really quite difficult to put the whole story together but like other posters i am wondering how on earth you were allowed to rack up costs of 18k on a claim of 4k.  Has the court actually awarded you those costs because you have done well If they have?

Also the court will not allow you to claim for the cost of loans used to fund your action as that is not directly related to the claim and assuming that the hearings have been completed and award made you will not be able to add costs now anyway. 

Litigation in this country is not for the faint hearted as I know only too well having settled an action just before going to court where I had to accept paying my own fees of around 18000, although the claim value was in excess of 120000.

Hasbeen

unlucky4me said: Being made to struggle at no fault of your own

 a stubborn !!!!!! i am, Stupid yes i am very aware of this.. 

Oh dear! Have read the thread and SORRY it appears, you have made some decisions, that have not at this moment exactly helped you. This has resulted in you now struggling with debt. So "Being made to struggle at no fault of your own" is a little misleading? There were more appropriate ways of dealing with this.

Perhaps posting on here at the time rather than 5 years later would have been more benificial.

A claim through MCOL / Small claims court, should perhaps have been the first step. Or initial "free" advice from a solicitor. But at present complaint etc is now through your own solicitor? What do they say. Are they aware of the debt you have now incurred.

You now appear to be £18000 in debt due to various loans etc? to pay for fees, including solicitors. You have not specified the breakdown of these fees or loans. If these were solely to pay your Solicitor, then they are expensive. I would seek further advice on this amount and the advice they have seemingly given you?

You now appear to have the authority to send in bailiffs? Then do so. What amount are they trying to collect? What did the court award you? I would be surprised if it included loan fees etc? So please specify what amount.

Have you had any independent reports from a local well established company, to repair faults and cost involved? 

I am pretty stubborn as well, but as others have said to get into £18,000 of debt over 5 years to get £4000 of windows fixed is a little extreme. 

Really sorry for the predicament that has incurred.

ElizabethRose

The main things now are how much is the judgment for? Have you now instructed bailiffs?

I would suggest getting a grip of your finances and posting on DFW with a SOA. I'm sorry to say I wouldn't be surprised with the present the situation the company goes bankrupt and you need to financially prepare for it.

unlucky4me

Elizabeth Rose
Exactly what i have done, i had a good clear, debt free life until having our windows done. I have learned a big lesson, and will think before ever paying cash for large figure's again