Mother has been ripped off !!!!

fleur

Mother who it an oap has been ripped off by a cowboy plumber. I want to take him to the small claims court to try and get at least some of her money back. I know the so called company name but cannot find out his surname. I went onto moneyclaim.gov.uk but was told that I need his surname before I take action. Any suggestions?

zincoxide

Do you know if he's employed or self employed?

I'd just phone up and pretend to be a new customer and ask his name.

Sooler

Do you know his home address - try the electoral roll, if they've not opted out of the published version.

Nicki

Presumably you know that only your mother can take him to the small claims court? Although you can draft the paperwork for her, it has to be done in her name, and if there is a court hearing, she will have to attend, and she will have to do any talking required (though you can go with her and advise her on what to say). If she is frail, you need to be sure that she is up to this, otherwise, you'll need a solicitor who is allowed to speak on her behalf.

As for the name, is it a limited company or just a trading name? If its a limited company, then the name of the directors will be registered at Companies House, but you would be suing in the name of the company rather than the individual's name anyway. If its a trading name, then phoning as a prospective customer and asking for the person's name is probably the best way to go. This is easiest if its a one-person outfit, as you can say you want to know who to expect at the door.

When you say she's been ripped off, are you also sure you have a legal cause of action to sue on? If its just a question that he was expensive for what he did, there's nothing you can really do about this. If he did a bodge job however or caused damage to her property, then you have a claim, but you'll need evidence to support it.

Optimist

fleur wrote: »

Mother who it an oap has been ripped off by a cowboy plumber. I want to take him to the small claims court to try and get at least some of her money back. I know the so called company name but cannot find out his surname. I went onto moneyclaim.gov.uk but was told that I need his surname before I take action. Any suggestions?

Could you define "Ripped off"

Did your mother get a written quotation or estimate ?
Has she signed a receipt for a job completed satisfactory ?
Is the plumber in any sort of trade association i.e. The institute of plumbing ?

moonrakerz

fleur wrote: »

I want to take him to the small claims court to try and get at least some of her money back.

Think carefully before you do this - you may end up throwing even more good money after bad.
If he is a "professional" cowboy he will have had more County Court summonses than hot dinners, and will know all the tricks of the trade.
It will cost you to take him to Court, if you win there is NO guarantee that he will pay up. You then have to go back to the Court and get bailiffs organised, this all takes time and money.
Then eventually you find that the man has no assets to seize because they are all in his wife's/dog's name !

Surprisingly, it is usually only the reputable companies that pay up after the County Court - like those nasty banks !

Blacksheep1979

again I'd say beware before you do this and maybe inform us of what you believe was out of order?

Tozer

Really depends if it is a company or a trading name. If it is a company (ending in "Limited") then details will be at Companies House. They have a free webcheck system that details the name, registered address and number. You sue the company not the individual. Be careful to make sure that it is the company name and not a 'trading as' name you sue.

If it is an individual and using a trading name then you sue the person.

I wouldn't be too put off by the risks of small claims court. And your mother may not need to attend if sufficiently documented. I VERY much doubt the defendant would even bother defending.

Try Trading Standards Department as well. Sometimes they are useful - particularly if there have been any previous complaints.

fleur

The company is just the one person, I cant put the company name but the last bit is ***** Heating Co Ltd. The work he did for Mum was a toilet, the cistern was not attached to the wall, and it didn't flush right, everything didn't flush away if you see what I mean, wash handbasin leaked from the taps and plug hole, plastering was rubbish, also he removed a gas fire and left that unsafe, which I reported to CORGI. This "work went on for over 6 weeks, Mum wrote him cheques, partly paid upfront so that he could get "materials" and she also gave him cash. She has no paperwork from him. I've taken photos and kept the paperwork from CORGI.

Nicki

If its a limited company, then you can't sue the person directly, only the company. That's the whole point of having a company, so that you can limit any personal liability. You may find that the company has no assets, and that you aren't able to enforce your judgment. Again you can only go after things owned by the company - eg money in their bank accounts or property owned by them. If the guy pays all the money out to himself as drawings/salary as soon as he gets it rather than leaving it in the company account, or if his vehicles etc are owned by him not the company, you won't get any money back.

Companies House will be able to tell you if he's filed any accounts, and this might give you an idea as to whether the company's worth pursuing, but if he is genuinely a con-man rather than just a bad workman, I suspect you will be wasting your time. Sorry not to give you better news.

KILL_BILL

if he owns the company in question i would advise to have 2 listed as listed on the claim form, 1 being the ltd company and 2 the individual concerned.

have you had to employ another builder to repair the shoddy workmanship that he did ?

did she not get any recipts from him for the money that she paid also ?