Taking a builder to court technicalities

zaza56

I am looking for some advice please. I had a builder to do a double storey extension. He came to see the site, chatted and I handed over all documents, plans, SE plans, calcs etc…. He gave me a quote and I asked for a breakdown so that we both knew what it entailed and that I wouldn’t be left with things to do. Eventually he gave me a high level one. I had a few questions and he answered them, albeit a bit vague. I decided to go ahead. Everything was documented using what’s app, text and sometimes Email. No official letter heads or anything like that. He was a ltd company and I checked his company on companies house. He also told me that he had bought a plot of land and was developing flats and so he could work on my site but not 100%. That was fine by me. Anyway things were progressing and items were a little off, not great block work and I paid extra for insulation . Then they were not turning up and I asked to have a chat face to face to talk about what the plan was j hi ping forward and that I needed the heads up when demolition was to be started as I would be without a bathroom and kitchen and have small children. He said he didn’t have time for a meeting and at that stage I asked him if it would be better for him to come back to my site when he had the time to commit. He agreed, so early a year later he returned. When I say he, it was his friend and his work was not great. Had issues with the steel work, they wanted splices and I got them but the bolts they put in were so loose that I could undo them with my fingers. The reason I checked is because the steel was not straight and there was a dip. It was bigger than deflection. Then found out the incorrect bolts were used and that held things up for some time. The SE had to keep coming out and he said can you why your contractors to go off spec please. I had to keep paying for the Se to change things. Roof was not done to spec and some dangerous things. The relationship was pretty fractured. They would turn up once a week if I was lucky and a steel was put in too low and straps were needed . They left hole in my roof and my sons bedroom was saturated and I only realised when I saw water dripping. I had not bathroom for 5 months, no heating and in the end he walked off saying he wa done and he blamed me saying I was holding up to job by getting BC out. On his last day he came back to cover up the electric that he left exposed and I had no lighting as a result. He managed to make a hole in the old boiler that wa son use and found a leak and was squirting out boiling hot water. So when he went I had to get a bathroom built and a Combi boiler fitted so that I had heating hot water and washing facilities. I sent him a letter saying all the things that needed rectifying - when I sent it he replied with took your time! He agreed with one of the 15 points I had listed, the oversite. However that took him 9 months to rectify. Even then I had to get BC and another person to prove the concrete was not tick enough and BC agreed it needed taking up and re doing. He reluctantly did it but it’s still a bad job. Then I sent a LBA and h responded saying he would counter claim to say I lost him money and for me to pay his legal costs. I asked if he wanted to enter into ADR and he said no I will let the judge tell me how much j should pay. So then I did an in line application to the court. I have had a reasons from him saying he has never quoted me, never done any work or been paid by me. I put the applicant as his company name, as it is on companies house. It is xx building company limited. He and his girlfriend are directors. He has no headed paper at all and I have 2 documents which he just typed in and he has written xx building and maintenance , so slightly different name to what it is on companies house.
my question is as I have put the name of the official company on my application can he say he was acting as a sole trader or say the slightly different name is a different company? ( that is not on companies house).

I feel he has done this before and has deliberately been mis leading.

As they were so messy they left some invoices and it states the builders name c/o xx building and maintenance and his address and delivery at my address.

How will the court see this and will they proceed? It’s already costly making an app and I don’t want waste money of the court will go on his side due to the technicalities of the name on the application .

many thanks 

Section62

zaza56 said:

I am looking for some advice please. I had a builder to do a double storey extension. He came to see the site, chatted and I handed over all documents, plans, SE plans, calcs etc…. He gave me a quote and I asked for a breakdown so that we both knew what it entailed and that I wouldn’t be left with things to do. Eventually he gave me a high level one. I had a few questions and he answered them, albeit a bit vague. I decided to go ahead. Everything was documented using what’s app, text and sometimes Email. No official letter heads or anything like that. He was a ltd company and I checked his company on companies house. He also told me that he had bought a plot of land and was developing flats and so he could work on my site but not 100%. That was fine by me. Anyway things were progressing and items were a little off, not great block work and I paid extra for insulation . Then they were not turning up and I asked to have a chat face to face to talk about what the plan was j hi ping forward and that I needed the heads up when demolition was to be started as I would be without a bathroom and kitchen and have small children. He said he didn’t have time for a meeting and at that stage I asked him if it would be better for him to come back to my site when he had the time to commit. He agreed, so early a year later he returned. When I say he, it was his friend and his work was not great. Had issues with the steel work, they wanted splices and I got them but the bolts they put in were so loose that I could undo them with my fingers. The reason I checked is because the steel was not straight and there was a dip. It was bigger than deflection. Then found out the incorrect bolts were used and that held things up for some time. The SE had to keep coming out and he said can you why your contractors to go off spec please. I had to keep paying for the Se to change things. Roof was not done to spec and some dangerous things. The relationship was pretty fractured. They would turn up once a week if I was lucky and a steel was put in too low and straps were needed . They left hole in my roof and my sons bedroom was saturated and I only realised when I saw water dripping. I had not bathroom for 5 months, no heating and in the end he walked off saying he wa done and he blamed me saying I was holding up to job by getting BC out. On his last day he came back to cover up the electric that he left exposed and I had no lighting as a result. He managed to make a hole in the old boiler that wa son use and found a leak and was squirting out boiling hot water. So when he went I had to get a bathroom built and a Combi boiler fitted so that I had heating hot water and washing facilities. I sent him a letter saying all the things that needed rectifying - when I sent it he replied with took your time! He agreed with one of the 15 points I had listed, the oversite. However that took him 9 months to rectify. Even then I had to get BC and another person to prove the concrete was not tick enough and BC agreed it needed taking up and re doing. He reluctantly did it but it’s still a bad job. Then I sent a LBA and h responded saying he would counter claim to say I lost him money and for me to pay his legal costs. I asked if he wanted to enter into ADR and he said no I will let the judge tell me how much j should pay. So then I did an in line application to the court. I have had a reasons from him saying he has never quoted me, never done any work or been paid by me. I put the applicant as his company name, as it is on companies house. It is xx building company limited. He and his girlfriend are directors. He has no headed paper at all and I have 2 documents which he just typed in and he has written xx building and maintenance , so slightly different name to what it is on companies house.
my question is as I have put the name of the official company on my application can he say he was acting as a sole trader or say the slightly different name is a different company? ( that is not on companies house).

I feel he has done this before and has deliberately been mis leading.

As they were so messy they left some invoices and it states the builders name c/o xx building and maintenance and his address and delivery at my address.

How will the court see this and will they proceed? It’s already costly making an app and I don’t want waste money of the court will go on his side due to the technicalities of the name on the application .

many thanks 

Have you paid for legal advice?

The problem with using small traders running limited companies is if something goes wrong they can fold the company with little personal risk.  If you think he's done similar before then he could be the type who does exactly that - i.e. going to court ends up being futile because there will be nothing to pay you even if you win.

The name of the company may be the least of your problems.  If you haven't already, get some professional legal advice.

tacpot12

If you have home insurance, check to see if you have legal expenses cover. If you do, you can call the legal helpline provided by your insurer for professional legal advice. 

zaza56

I know for a fact he will not be closing his company as he has taken a big loan out for his development project and it’s clearly stated on the companies house website.

I have tried to get advice but no one seems to know. House insurance doesn’t have legal help. 

I know that you can have a trading name different to your main company name. I feel that because I sent the LBA and the letter before that to his company and addressed him  that he has responded to that. To me that is accepting the letter is addressed correctly? Otherwise why didn’t he say no xx company has not ever quoted you? 

Is he trying to say he took the job on himself as a sole trader or he took the job under the other name he uses and if so would that be part of his sole trader or his company? 

Any advice please for anyone who has taken it to court and the name of who you were taking has been slightly different or the loop holes that are obviously available are they enforceable and am I wasting my money on taking it further under his company name?

thanks

Section62

zaza56 said:

I know for a fact he will not be closing his company as he has taken a big loan out for his development project and it’s clearly stated on the companies house website.

Having a big loan isn't a barrier to folding a company to avoid legal issues - in fact having a big loan is often a very good reason for disolving the company and letting the lender pick up the pieces.  The less of his own money is tied up in the company, the easier it will be for him to just walk away.

zaza56 said:

I have tried to get advice but no one seems to know. House insurance doesn’t have legal help. 

I know that you can have a trading name different to your main company name. I feel that because I sent the LBA and the letter before that to his company and addressed him  that he has responded to that. To me that is accepting the letter is addressed correctly? Otherwise why didn’t he say no xx company has not ever quoted you? 

Is he trying to say he took the job on himself as a sole trader or he took the job under the other name he uses and if so would that be part of his sole trader or his company? 

Any advice please for anyone who has taken it to court and the name of who you were taking has been slightly different or the loop holes that are obviously available are they enforceable and am I wasting my money on taking it further under his company name?

Have you asked a solicitor for general advice on taking legal action, or just the narrow point about the correct name to put on the forms?  You should find it easy to get the former, the latter is much harder as there won't be much profit in helping you DIY the form filling.  I doubt there will be anyone on the forum who has the specific experience you are asking for.

zaza56

I haven’t got any advice. I just need to know about the technicalities of the name …. 

Just find this whole process so unfair for the every day person. 

Just wondered if anyone had taken a person / company to court through the claims online and the builder has got away with it because technicalities ?  

I know a ltd company can be folded easily that is not what I’m asking. 

I don’t have any official paperwork to say the company did any work. However I believe he never does give that, but instead uses a slightly different name …. But I wanted to know as he has responded to my LBA surely he is accepting the letter under his company name? 

Thanks