Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • DFM
    • By DFM 6th Jan 19, 5:26 PM
    • 3Posts
    • 4Thanks
    DFM
    Chasing Builder for money owed - existing CCJ's
    • #1
    • 6th Jan 19, 5:26 PM
    Chasing Builder for money owed - existing CCJ's 6th Jan 19 at 5:26 PM
    We took on a builder to rebuild and re-tile our bathroom floor. Things started well and he ripped everything out and rebuilt the sub floor. He then said there would be a delay in the next stage as he was about to start another job and his preferred tiler was not currently available.

    Then basically, he disappeared. All attempts to contact him failed. We had paid, as requested, upfront for materials and work which remain undelivered. (Yes, silly of us perhaps, but I've never dealt with a tradesman who hasn't wanted upfront payment of some type). He has walked away with 1,200 of our money for services not provided.

    In early December 2018 we sent him a "Letter Before Court Action" in line with the Small Claims Court guidelines. No response from him as yet.

    I've just run a check on trustonline and discovered that he has 4 "unsatisfied" County Court Judgements against him dating back to 2015 / 2016.

    It's therefore very unlikely that we will get our money back from him by going through the Small Claims Court.

    However, we don't believe that he should feel he can just walk away from this with impunity. Nor do we want him to be able to do the same to some other unsuspecting customer.

    Does anyone have any advice on how we should proceed? How can we make it public knowledge that this person is untrustworthy?

    Any advice greatly appreciated.

    Thanks
Page 1
    • hollydays
    • By hollydays 6th Jan 19, 5:50 PM
    • 17,771 Posts
    • 13,894 Thanks
    hollydays
    • #2
    • 6th Jan 19, 5:50 PM
    • #2
    • 6th Jan 19, 5:50 PM
    You can post his details here
    • Silent Dancer
    • By Silent Dancer 6th Jan 19, 7:00 PM
    • 193 Posts
    • 57 Thanks
    Silent Dancer
    • #3
    • 6th Jan 19, 7:00 PM
    • #3
    • 6th Jan 19, 7:00 PM
    Limited company or sole trader?
    • waamo
    • By waamo 6th Jan 19, 7:09 PM
    • 8,117 Posts
    • 11,077 Thanks
    waamo
    • #4
    • 6th Jan 19, 7:09 PM
    • #4
    • 6th Jan 19, 7:09 PM
    There are multiple social media platforms where you can share information like this.
    This space for hire.
    • peter_the_piper
    • By peter_the_piper 6th Jan 19, 9:43 PM
    • 27,394 Posts
    • 38,321 Thanks
    peter_the_piper
    • #5
    • 6th Jan 19, 9:43 PM
    • #5
    • 6th Jan 19, 9:43 PM
    How did you pay?
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
    • DFM
    • By DFM 7th Jan 19, 8:56 AM
    • 3 Posts
    • 4 Thanks
    DFM
    • #6
    • 7th Jan 19, 8:56 AM
    • #6
    • 7th Jan 19, 8:56 AM
    Hi All,
    Thank you for your responses.

    We believe he is a sole trader. We can't find a reference to him on the Companies House website. Not is there mention of him being VAT registered.

    All payments to him were by bank transfer. No cash changed hands.

    Is it legal to post his details online? Don't want things to be turned on their head and find we are being prosecuted for defamation!
    • davidmcn
    • By davidmcn 7th Jan 19, 9:09 AM
    • 13,435 Posts
    • 15,359 Thanks
    davidmcn
    • #7
    • 7th Jan 19, 9:09 AM
    • #7
    • 7th Jan 19, 9:09 AM
    Is it legal to post his details online? Don't want things to be turned on their head and find we are being prosecuted for defamation!
    Originally posted by DFM
    Don't see how it would be defamation if what you're saying is factually correct. Though tbh the chances of anyone else here encountering him is slim.
    • hollydays
    • By hollydays 7th Jan 19, 9:57 PM
    • 17,771 Posts
    • 13,894 Thanks
    hollydays
    • #8
    • 7th Jan 19, 9:57 PM
    • #8
    • 7th Jan 19, 9:57 PM
    Plent of people post detail of traders on here.
    • DFM
    • By DFM 18th Oct 19, 6:40 PM
    • 3 Posts
    • 4 Thanks
    DFM
    • #9
    • 18th Oct 19, 6:40 PM
    • #9
    • 18th Oct 19, 6:40 PM
    All,

    Thank you for your advice.

    I think it only fair (after being reminded!) that I post the results of our process.

    We went ahead and issued a County County Judgement against him. Something to add to his list of unpaid ones. No surprise really but no response was forthcoming. He ignored it.

    There was a period we had to wait after submitting the CCJ to give him time to settle. Once that had passed we moved on to the next stage. We had no real hopes of getting our money back but felt we had a duty to pursue as we didn't want him to think he can keep getting away with ripping people off.

    So we issued a "Request for Warrant of Control" and paid extra for the court representative to serve it on him rather than us having to face him and hand it to him.

    Surprise, surprise we then received a cheque from the court for payment in full including all the costs we had incurred in chasing him.

    I wonder, if of all the people who had submitted CCJ's against him, we were the only ones who decided to move to the next stage.

    It worked out well for us but I can't guarantee it would work for others. Just need to try and stop these people thinking they can keep getting away with taking advantage of people.

    Good luck to anyone who chooses to go down this route.

    Derek
    • waamo
    • By waamo 18th Oct 19, 7:07 PM
    • 8,117 Posts
    • 11,077 Thanks
    waamo
    Well done and thanks for letting us know how it worked out.
    This space for hire.
    • garth549
    • By garth549 21st Oct 19, 1:48 PM
    • 388 Posts
    • 185 Thanks
    garth549
    That's a great result

    A lot of people don't proceed to enforcement because it's expensive and is a complete gamble unless you're sure the defendant has assets/cash/a job (not self-employed/own business) and can be tracked down. However there's actually quite a lot the court can do to enforce a judgement.

    Depending on the amount you can escalate to high court bailiffs who can seize assets. If they own a house it can be possible to register a charging order against it. If the defendant is an individual and works for someone else there is an attachment of earnings order which forces the employer to deduct payments for the debt from their wages.

    It's actually a very good system.
    • ZBanfield
    • By ZBanfield 22nd Oct 19, 10:08 AM
    • 8 Posts
    • 1 Thanks
    ZBanfield
    Taking Builder to Small Claims Court
    Dear DFM,

    Thank you so much for sharing your success with getting your money back from the builder. I am in a similar position and was advised that I would be unlikely to get any money back even if I get the CCJ judgement. Your story has encouraged me to go ahead and file in the small claims court. I, like you, think it is wrong that any builder can keep doing this to innocent people and getting away with it. He has also done this to my neighbour and they are choosing not to pursue him.
    My builder has a limited company but I believe I can pursue him as an individual and Director of the his own company.

    Fingers crossed. The paperwork and process looks very daunting, but I will persevere.

    Any advice would be appreciated. I am about to send the builder the final letter before action....
    Last edited by ZBanfield; 22-10-2019 at 10:09 AM. Reason: Typo
    • ZBanfield
    • By ZBanfield 24th Oct 19, 10:46 AM
    • 8 Posts
    • 1 Thanks
    ZBanfield
    Thank you - inspirational
    Dear DFM,

    Thank you so much for sharing your success with getting your money back from the builder. I am in a similar position and was advised that I would be unlikely to get any money back even if I get the CCJ judgement. Your story has encouraged me to go ahead and file in the small claims court. I, like you, think it is wrong that any builder can keep doing this to innocent people and getting away with it. He has also done this to my neighbour and they are choosing not to pursue him.
    My builder has a limited company but I believe I can pursue him as an individual and Director of the his own company.

    Fingers crossed. The paperwork and process looks very daunting, but I will persevere.

    Any advice would be appreciated. I am about to send the builder the final letter before action....


    All,

    Thank you for your advice.

    I think it only fair (after being reminded!) that I post the results of our process.

    We went ahead and issued a County County Judgement against him. Something to add to his list of unpaid ones. No surprise really but no response was forthcoming. He ignored it.

    There was a period we had to wait after submitting the CCJ to give him time to settle. Once that had passed we moved on to the next stage. We had no real hopes of getting our money back but felt we had a duty to pursue as we didn't want him to think he can keep getting away with ripping people off.

    So we issued a "Request for Warrant of Control" and paid extra for the court representative to serve it on him rather than us having to face him and hand it to him.

    Surprise, surprise we then received a cheque from the court for payment in full including all the costs we had incurred in chasing him.

    I wonder, if of all the people who had submitted CCJ's against him, we were the only ones who decided to move to the next stage.

    It worked out well for us but I can't guarantee it would work for others. Just need to try and stop these people thinking they can keep getting away with taking advantage of people.

    Good luck to anyone who chooses to go down this route.

    Derek
    Originally posted by DFM
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,294Posts Today

7,845Users online

Martin's Twitter