Other than as I explained I visited this morning to print of the advice. Don't remember visiting it twice other than to do that. I also explained that I couldn't get a coherent report to post, and I was dealing with priorities that needed dealing with before I came back and explained what I could to you. Last night? don't recall than to shut down computer and forum may have been refreshed during this time. I have to say, that at this moment and last night if I accidentally visited the forum, my needs and feeling come well above your need to know what is happening. I hope you never find yourself, extremely unwell and subjected to that abuse and feel that your first priority is to contact a forum rather than think about contacting your family and taking care of yourself.

I know you care otherwise you would not interact with me, but to say by the end of it I was so traumatised I could not even call either of my children who only live 2 miles away. They had unsealed my letterbox to put their hands through probably looking for a door key, and then went down the drive and were bashing or kicking a panel between the garage and conservatory to try to get into the back as he has keys to the conservatory still. He did not leave them when he left. I have just finished a police report and they will, within the next 48 hours go and see him and his wife. Sorry, but very tired and tearful. I need to go and rest for a while.

I had been back, but unwell after last nights fiasco as I did not sleep and could not formulate what I needed to say to you. I am sorry that you think I was being discourteous. I certainly was not, and would have though that under the circumstances you would have been more understanding and given me some time to come back to you. I wholeheartedly appreciate your help so far. I had to email the builder to stop harassing me as phone calls went on during the night. Speak to the police and get a crime number who are going to interview him and meanwhile gave the advice to write a polite email in the format of cease and desist, and speak to MyBuilder who took a full statement regarding this guys actions. They are also no going to interview him with regard to his aggressive and intimidating actions and also about his false claim to belong to FENSA. They asked what I would like to happen to him, and I stated that I would like him removed from their website. They are considering this as it is possible they will take this action. I have also had to phone round to get someone to agree to come out and at least look at the guttering to see if they can do anything to improve it, or sort it meanwhile as he has also cut a hole in the external part of the soffit in which as well as the rain is pouring down the wall and conservatory side, is running internally in the soffits. It is all a bit too much for me I am afraid at the moment. I am waiting for the gutter company to come out, and trying to get a conservatory company to come and give a report, both for myself and the builder but also MyBuilder who wants the reports as well as the crime reference number. That is all I can tell you for now. I also came back as I needed to print of the advice so far.

He is outside now banging on the door.

When I missed his call I was outside videoing the problem and then inside recording the noise it was making. I am not so worried about his demands now - unless he comes around getting verbal etc.

I also forgot to put on the snagging list that the air bricks have been covered over. I am hopping mad at the moment as it is raining heavily and as there is no guttering the rain is dripping down the wall and landing on the bottom trim of the conservatory with a constant and rapid loud 'bang, bang, bang' this is outside my bedroom window. Just been out to check and come back in to see a missed call from this guy and at one minute intervals calls from 3 other unknown numbers. I can only assume as I didn't hear and answer his call, that he has got other people to ring for him. He is giving the benefit of his experience regarding Fensa in the question and answer section. In his profile advert looking for work it states: " We fit all aspects of upvc windows, conservatories, fascias, soffits, gutters and have been fitting for 36 years and have now level 3 NVQ and are FENSA REGISTERED" Just had a text from him saying he will get FENSA to come to my house to check the installation. This does not happen. He clearly is not registered and according to CAB - don't hold them particularly in high esteem, say that to claim to be FENSA registered when they are not is 'breach of contract'. He is demanding money by the morning.

Right I am going to do that - text him which should make him sit up and think. As a member of Fensa, members are required to give an insurance backed guarantee. As you say it may well not be genuine in some cases, but I think I have learned my lesson, like everyone that gets caught out, too late. On the website I got his details from there is a section where people can ask questions and advice from ' professional' tradespeople. There was a question asked and answered by this guy regarding Fensa. I have managed to print his answer along with his profile stating he is a member. His answer goes as follows: "Fensa is needed for new windows, It was set up to stop a lot of cowboys miss fitting windows and then doing nothing about it. It is also passed on when you sell up so the new owners are covered for things going wrong and then you. as the customer, do not have to pay for this. This is peace of mind when buying new windows"

I am definitely going to write a letter. Would it be acceptable to attach to an email for speed? I take all your points in writing the letter -thank you. Should I text him to request his FENSA registration number? To be honest, if he was registered he should have left a certificate and Insurance backed guarantee with the invoice. I have had windows replaced before, twice - no this property, and both times I got a Fensa certificate and guarantee certificate with the invoice. I would like to give him a chance in case even Fensa have made an error, though they say not. They say if he is registered he should be able to give me his reg number.

Snagging list: 1: Not plastered. 2: New window fitting not complete as not sealed either side and remedial plasterwork to inside kitchen. 3: No guttering above conservatory to take rainwater from roof. 4: No new downspout in situ - as promised - to take water from the guttering not fitted. 5: Floor not levelled as promised. 6: Some of the internal facia boards not cut straight - wobbly cut with bits missing. 7: Some of the facia have gaps and not sealed. 8: Patio and driveway filthy and stained -will not wash away, needs power washing and then re sanding or grouting. 9: Rubble remains when promised would remove today. 10: Part of gutter from original extension removed and not replaced. I might just have to go over it to make sure I have not missed anything.

Okay, thank you. I have to make a decision as to how to proceed and what to say and write to him by this evening, and I want to get it right. I don't want to sound like I am making excuses not to pay him either, if you know what I mean.

Oh I see. The arrangement from the beginning was to pay via bank transfer. He also said he would have all the work completed today - plaster skim the walls and finish the window etc. The window is in position but not sealed in either side and also requires plaster skimming to the damaged plaster when he took the window out. I have come home to find an invoice which is incorrect as he priced the window separately from the conservatory but has added that cost on twice. FENSA requested that I contact him for his registration number..this should be somewhat amusing as not only if FENSA registered he is required to give me a certificate of compliance but also an insurance backed guarantee.

Hi again, Just got back from the hospital and apparently the guy was here only for half an hour or so. Not skimmed the walls but received a text requesting payment for the work - unfinished by this evening and then he will come back and finish the work! You asked what the arrangements were for payment. As stated originally, the arrangements were payment in full upon completion and customer satisfied with the job. I have rang FENSA and he is not registered.

You misunderstand. I am not frightened of giving them a snagging list and discussing it with them. I was worried about leaving it for them to read when I wasn't at home. They kept a set of keys to the conservatory so I cannot prevent them entering whilst I am away. They cannot get into the main house. The old conservatory had guttering as the existing downspouts are still in position although not connected to anything. The conservatory had damp proofing which was in good condition. I have a screen shot of their claim to be FENSA registered. I will come back later and give you the result of my conversation with FENSA but I have to leave now. I am going to call on my neighbour as I leave to watch for their arrival and departure. Cannot miss them, Van is massive. Thanks for your help so far.

Sorry, I thought I had responded to your post of last evening. I have put together a snagging list...further to my post I now realise that they have also covered over my air bricks in the conservatory so there is no air brick to the extension and none to the main building at the rear of the property. I have taken photographs as suggested. I will call FENSA this morning to verify if in fact they are registered. If they are not, then Building Control has to be notified about the new double glazed window as I will need a certificate from them - which will cost me. In regard to the guttering, there currently is no guttering to my extension - as he has removed it, and none to the conservatory He said none is required, so it appears that he thinks the conservatory roof can act as the guttering. I did consider paying them about £4000 in part payment. After looking at the roof, where he said he would put a new down spout on and has now changed his mind, I can see why as there appears to be no room to put guttering back on the roof. Now in regard to the interim payment: I am worried that once I get the job checked and told that there must be guttering, this will possibly mean that the whole conservatory roof has to come off and the main structure adjusted or in fact come down and be rebuilt. The remaining 2 or 3 thousand pounds may not cover this. I am also going to the hospital before they arrive - 12 noon, and don't expect to be back before they leave 3.15. Would you suggest leaving the snagging list or will this inflame him? thanks

Not sure that price is relevant. I had 4 quotes for the work. One higher, one lower and two the same in the middle. He was in the middle. I went with him as I felt more comfortable in his presence. It is only a small conservatory, 3 X 3 square mts. Consists of only two sides as the other two sides are the main bungalow back wall and the side wall of the extension. No base needed either as using the existing base and brickwork. £6,000 I got him through Mybuilder who I use for all my projects with no problem. He has two references with him who checked out, but smaller jobs. He has been in the business for 33 years and states he is Fensa registered. I have checked online and neither his name or company come up as being Fensa registered. Yes I should have checked before. I do have his card with name and address on it. Although conservatories do not require building control/regs, is this something I could ask building control to check for me?

Hi, I contracted a small company to take down my old conservatory and build new one. He came with good references for his previous work. The work consisted of remove old conservatory - supply new conservatory, plaster the walls, supply and install new kitchen window and window board and take away all rubbish. The terms of the contract was payment in full at the completion when customer happy (me) and no deposit required - even though I offered. The conservatory appears mainly completed, but no guttering has been put up over the conservatory and as it is raining at the moment, water and debris from the house roof is pouring onto my new glass conservatory roof. As there is only one gutter at the front of the conservatory that is not connected to downspout and has no stop on the end so water is pouring off the roof onto patio a bit like a waterfall. There are sections that require sealing. He has removed guttering from my kitchen extension, the wall of which is one side of the conservatory, so no water is going down into the downspout - which is disconnected anyway. The plasterboards have gone onto day, but requires skimming etc. The new kitchen window is installed, but not sealed, nor no window board installed My new patio that I had installed is now full of plaster etc which is not washing off although they have tried. Before he left, he said he now wants paying tomorrow as he considered the conservatory to be finished and does NOT require guttering on the main house roof, and not even where there is a waterfall, and the roofing felt under the tiles is blowing in the wind. Not only that, but because I opted for a clear, blue glass roof, all I can see is ugly roofing felt. I don't think this is right. So, water is now just pouring onto conservatory roof from main house roof and the extension with no where to go other than a waterfall. I questioned this before he left and he said it is okay. I don't know where I stand in refusing to pay him until all the work is complete and I am happy. Please bear in mind that I am a widow in my 70's, disabled with MS and just come out of hospital two weeks ago after a heart attack. There are three of them and only me and quite frankly I am scared and I now feel he is taking advantage of my position. What do I do? I would like someone to come and check the work - especially the guttering situation but I don't want to get into an argument and feel forced to pay him.

It was impossible at the time to put a value on the counterclaim as the builder sent her an invoice for the 'work' he had supposedly done at the property and the same day put in a claim against her so she had no idea what the cost of the counter claim would come to. The solicitor she saw said she did not need at that point to be specific, just state I expect to recover no more than X amount. There are still a couple of jobs that need to be finished or rectified and need to get another couple of quotes for the damage that he should be claiming for on his insurance. She has not been given much time by the judge and xmas and new year period have impacted on getting the work finished and quotes for the damage as people/companies are not working over this period.

Bankfodder: Thank you for your response. Yes, she does know where the builder lives. On the advice of a solicitor, she has tried several times to get the builder to give her details of his Public Liability Insurance which I believe he does have..it may well be he lied about this at the time, although he still declares that he has it on his webpage. She requested this as he caused substantial damage to rooms he was not working in and her own home insurance will not pay. Andyorch: Thanks for your reply and advice. She did try to enforce judgement but when she phoned the court regarding this matter, she was told it was not clear if he had or had not put in a defence to her counterclaim and that it was with the judge who was dealing with it and to wait..that is what waiting got her. Too late as the judge threw the case out. I think the best advice is to continue with her counterclaim as now she is more informed about what the work has cost. At this point, is it necessary to actually give financial figures or can she just list what the counter claim consists of and state she does not know what she is likely to recover, but within the amount of the counterclaim. We are short of time and I have to collate the issues and not sure of the final cost. Some of the cost will come down to the judge to determine the amount in any case.

This relates to a case against my daughter by a builder. She put in a defence and counterclaim. The builders claim against her was not valid and he did not abide by the Civli Procedure rules when initiating the claim. He did not respond to her counterclaim. The judge ordered a allocations hearing. My daughter was unable to attend and the reasons were accepted by the judge. She has received a General Form of Judgement Order and it states: The Particulars of Claim are struck out for non compliance. The judge further ordered that the Claimant must by a certain date file a new claim correctly other wise the claim will remain struck out. He further ordered that the defence and counter claim are stuck out unless the claimant submits a new claim and then she must submit a defence, and if advised my daughter should submit a new counter claim . The claimant has not submitted a new claim. Upon ringing the court, I was told that the claimant has not submitted a new claim and therefore the claim is definitely struck out, however I was told that she can and should submit a new counterclaim as she paid for the counterclaim and although it was submitted at the same time as the defence, it is in effect a separate claim against the claimant. She is not sure if this is correct? She is out of pocket considerably because of this builders negligence. It cost her a lot more to put right the work. If this is correct and she submits a new counterclaim, does this mean that the claimant can answer the counterclaim and start once again claiming against her? Not sure what to do, as time is running out. Thanks if anyone can clarify and help.

Hi Honeybee, I am sure that people with smart phones and the correct software could do this. I don't have that sort of phone. Thanks for all the replies and help anyway.

I do appreciate your advice and I did explain that I don't personally at this time have the claim form. I further explained that I have no scanner so if I did have the claim form I would simply be unable to scan and post it - hence I asked why you needed to see the actual claim form. In other words, is there something I can describe from the claim form that would help with my query. I am not being difficult or unwilling to upload, simply cannot. If my daughter goes to a solicitor then she would have no need to ask why he needed it, she can simply give it to him - different scenario as she would not need to scan and upload to a solicitor.

I don't have the claim form, it is with my daughter. I can ask her for it but at the same time, I cannot scan it as I have no scanner, unfortunately. How will the claim form help?

Thanks. Everything you have listed that she should do, she has already done, Photos, quotes, invoices for new tiles and other materials. She has done the statement etc., of which he has a copy. She has not been able to live at home for the past several weeks now as the contract was for him to do both the kitchen and bathroom. He ripped out the kitchen along with the bathroom so she has no living facilities. Just a washing up bowl and cold water from outside tap, and takeaway meals. Her company has paid for accommodation to get her away at the weekend as she is so distressed as the builder/plumber/Mr cowboy has been threatening her and she is afraid to go home. Her company is willing to pay for the solicitor if she can manage to get one. I spoke to the police and they asked her to call them if he contacts her in a threatening matter again. I have also had abusive text messages from him when I asked him to leave her alone. The police said to save all messages which we both have done.

Without going into the full scale of the problem my daughter contracted a bathroom fitter to replace her tiny bathroom. Two weeks on, and two men the bathroom is only half completed and it is a right shambles..from the tiling, leaking toilet which is also coming off the wall, leaking sink which has flooded the new units and ruined them, and also the new flooring, damage to the shower profiles so that the shower cubicle will not fit...the plumbing is all wrong, plus exensive damage to areas of her property. There is a long extensive list of problems. She asked him to stop work a week ago and has managed to get three quotes to re-do the work. Each new plumber has stated how appalling the work is and it all has to be started again, with the tiles taken off and taken back to the basic plumbing. Meanwhile, he sent her an invoice - by hand on the Monday, and initiated court proceedings on the Wednesday two days later without any discussion regarding the remedial works. Firstly, I understand that a business cannot issue proceeding against an individual until they have followed the new Pre Action Protocol (PAP) which came into being on the 1st October 2017, which is quite a lengthy list and the first one is giving the debtor at least 30 days to discuss the debt. Secondly, and a bit more importantly, he has started the action in his personal christian name and not the name of his business. She had a contract with his business, not him personally...surely this is wrong and would fail in court? She is trying to get an appointment with a Solicitor who deals in civil matters but it is proving difficult . If anyone could enlighten her on the two question/issues I have posed, that would be most helpful. Thanks

I am not trying to be difficult, but to post on here the claim and defence would be impossible to redact the identity of each party. There is sensitive information contained therein. I appreciate your help so far. It has allowed me to gather my thoughts and realise that I am in fact being intimidated somewhat to not go ahead with the hearing. No chance that I would give in at this point. Only the judge can decide if my case has merit. One the case is over - or in the off chance they decide to compromise an acceptable settlement, I will happily reveal the case and outcome. The cost of the claim is just over £3000.