Small claims action against rogue trader

3 Posts

Hello,
I'm wondering what my options are with regards to pursuing a rogue trader for work done to my roof. They were hired through Checkatrade to fix a leak, but subsequently lied about the cause of the leak, falsified claims to convince me to get more work done, and have in fact made the issue worse - all at a cost of £7,000 to me. I have independent survey reports and photo/video evidence to back up the claims, and have sent two letters to them at a MailBoxes address given on the invoice I received outlining the intention to proceed to court action.
I'm looking to submit a Money Claim/Small Claim online, but my main concern is that the address I've been given is being ignored, and that they will be unable to trace the individual and it will be a waste of time and money. I've searched online and seen that there are tracing companies you can use to find their personal addresses - but not sure on this from a legal point of view? I've asked Checkatrade for the individual's details which they are providing, but just thinking of next steps in case they are the same as what I have already.
Also - if anyone has any similar experience of using the small claims court for things like this, please comment.
I'm wondering what my options are with regards to pursuing a rogue trader for work done to my roof. They were hired through Checkatrade to fix a leak, but subsequently lied about the cause of the leak, falsified claims to convince me to get more work done, and have in fact made the issue worse - all at a cost of £7,000 to me. I have independent survey reports and photo/video evidence to back up the claims, and have sent two letters to them at a MailBoxes address given on the invoice I received outlining the intention to proceed to court action.
I'm looking to submit a Money Claim/Small Claim online, but my main concern is that the address I've been given is being ignored, and that they will be unable to trace the individual and it will be a waste of time and money. I've searched online and seen that there are tracing companies you can use to find their personal addresses - but not sure on this from a legal point of view? I've asked Checkatrade for the individual's details which they are providing, but just thinking of next steps in case they are the same as what I have already.
Also - if anyone has any similar experience of using the small claims court for things like this, please comment.
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If sole trader, yes, you could use a tracing agent. Nothing illegal about it, as long as the agent acts within the law.
But, if you have an invoice with an address on it, I can't see that the court would rule out your claim if the defendant says they didn't receive it, as you have served to the last known address.
Also, if necessary, you could try getting a friend to contact this trader pretending that they need work doing and see what address is on their quote.
To make pursuing your case worthwhile you need to be as sure as you can be that (a) he has £7,000 and (b) you can see a way of getting it from his pocket into yours.
Recovery once you get a CCJ is always unpredictable, as only about 10% are ever satisfied. But, if you are suing him as a sole trader, then personal assets can be seized, whereas his companies may have no assets at all. The obvious bailiff target for a tradesman is a car or van, if owned by him (not his spouse or partner), and not on finance.
Nothing is guaranteed, but if you don't sue for a CCJ, you'll get nothing. If you are not prepared to gamble your £455, don't sue.
The problem that you have no idea what money he has... he could have a major gambling habit and be penniless living in rented accommodation with a leased vehicle and tools. Tracing him is step one but that still doesn't mean you know he can pay.
If others have already issued and not managed to recover it doesn't bode well for you.