sued my builder

Andrew.C · 18 June 2019 at 4:28PM

Again TW1234 thanks for the advice.

Pennywise, his filing and public full accounts statement up to the end of March 2018 shows stocks £1200. Turnover £0. Profit/loss £0. Net current assets £161. That means he did not report the £12,870 I paid him in that year. A first gazette notice for compulsory strike-off was issued on June 6. Same as in 2017 but this one has yet to be discontinued.

M0bov: I have to tread carefully with HMRC as I'm technically semi-seconded to them for the next 2 years. Any "grassing up" of my builder may not be seen in the best light. After I leave the current project, perhaps.

da_rule · 18 June 2019 at 5:47PM

As well as looking at the above, also look for the “Denton test”. This sets out a 3 pronged test that any application for relief from sanction must satisfy. The application to set aside a default judgment is an application for relief from sanction.

Andrew.C · 9 November 2019 at 9:40AM

Good morning. Time to update this the morning after court and to say a massive thank you to all that responded and offered suggestions.
I thought I'd prepared for every likely scenario. Arrived at court yesterday afternoon. No sign of him. Called into court around 20 mins after the scheduled time. Judge tells me the builder had sent an email to the court that morning withdrawing his application to set aside and wanted to negotiate a payment schedule. I really didn't see that coming. No doubt he either received some legal advice or his accountant warned him of the possible consequences around his questionable banking usage.
I'm still not convinced he will actually stick to a payment schedule or even respond to my email to arrange something. This may all be another stalling tactic. Either way the judge recommended I at least give this a chance. The first time he fails to pay then I can go for high court enforcement or a third party order to freeze his bank account. (easy to do as I have the details) The judge had also said that since he withdrew the application he can no longer apply to the court in any way, set aside or appeal.

Again thanks to all.

steampowered · 9 November 2019 at 10:54AM

Thank you for the update. It must be frustrating that this has gone on so long but at least the CCJ still stands.

You could go straight to HCEOs, if you wanted.

lju · 9 November 2019 at 12:04PM

steampowered wrote: »

Thank you for the update. It must be frustrating that this has gone on so long but at least the CCJ still stands.

You could go straight to HCEOs, if you wanted.

I would follow this advice. I had similar against a builder, he offered to pay me back at £5 per week on a judgement of just under 5k. I sent in High Court Enforcement and he paid the full amount.

He's messed you around long enough.

Andrew.C · 9 November 2019 at 1:34PM

lju wrote: »

I would follow this advice. I had similar against a builder, he offered to pay me back at £5 per week on a judgement of just under 5k. I sent in High Court Enforcement and he paid the full amount.

He's messed you around long enough.

That is just taking the urine. 1000 weeks is nearly 20 years. £5 a week wouldn't even cover the interest on what he owed.

I'll wait and see what my builder comes back with. anything less than £500/month won't cut it and I'd then go for the enforcement.

born_again · 9 November 2019 at 4:42PM

Andrew.C wrote: »

A
M0bov: I have to tread carefully with HMRC as I'm technically semi-seconded to them for the next 2 years. Any "grassing up" of my builder may not be seen in the best light. After I leave the current project, perhaps.

I would have thought the reverse. Given you did not know at the time he was avoiding tax, and you now do. Failure to report would not show you in a good light.

Or you could use the info to remind him that you know he is avoiding tax and if he fails to divvy up. He will be reported.

lincroft1710 · 9 November 2019 at 4:49PM

born_again wrote: »

Or you could use the info to remind him that you know he is avoiding tax and if he fails to divvy up. He will be reported.

If it ever got back to HMRC that OP had used these tactics, it would show him up in a pretty poor light

Andrew.C · 10 November 2019 at 10:31AM

This is a bit of a grey area around his tax. Since he withdrew his application he as pretty much admitted that his objection of being a registered limited company is no longer an established fact. The outcome means he is satisfied to be considered as a sole trader and as such no known tax or companies house violations can be confirmed. The entity of him as a person has admitted liability now so his company is out of the picture.
As for using the threat of HMRC as leverage, that is a no go. Technically I'm supposed to report any suspected tax fraud, but not when it can be used for personal or commercial gain. (grassing up a competitor for example)
So far he hasn't responded to the email sent. I'll give him until Tuesday, send another and drop a printed copy through his letter box. If nothing by next Monday, it will be HCEO time.

Hermione_Granger · 10 November 2019 at 10:39AM

Andrew.C wrote: »

As for using the threat of HMRC as leverage, that is a no go. Technically I'm supposed to report any suspected tax fraud, but not when it can be used for personal or commercial gain. (grassing up a competitor for example)

But surely there is nothing stopping you from reporting him once you have received all of the money owed to you.
At that time, you wouldn't stand to gain financially from making the report and to be totally honest, the builder concerned certainly sounds like he needs sorting out and HMRC might be the ones to do it.

sued my builder

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