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About Annie217

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  1. Look up the Consumer Rights Act 2015. If the customer does take legal action, this will be the route they take, so make sure you are familiar with it. The first stage should be for the carpenter to go back and re-perform the work. If he does not think it is necessary to re-do any work, then he should take photos etc as evidence that all is satisfactory. Does the carpenter belong to any trade association with a mediation or arbitration service, as this could be offered to the customer. It is much easier than court for all parties.
  2. Can you join a union? This might be a better option.
  3. So, on this forum, and other places online, people advise to find out what assets a person has before taking them to small claims. Are you saying there is no way to do this, unless they own a property?
  4. Solicitor has advised me not to name him publicly as he could claim for defamation Of course, if I win at court this would be a completely different matter. I'm considering going to the local press to name and shame him, but I've been advised not to name him yet.
  5. Thanks, I wasn't sure about this. Is there a way I can find out if the car is on HP, owned outright, or on a bank loan?
  6. I'm fully aware of the protection I would have had if I had paid by either debit or credit card. This does not apply. As stated above, I have his bank details as I paid via bank transfer. I've been through all the advice from CAB and have had a session with a solicitor. I'm really interested in how things work from here rather than rehashing the past.
  7. It may help if I clarify the stage I'm at. I have been through the CAB process of letters before action. The builder gives very childish replies. I have asked him about whether he would be prepared to go to mediation, and have been met with a brick wall. I now need to finish compiling my evidence by getting a RICS report, then using these for quotes, then filling in the court forms. However, before I incur more costs on this, I want to cheek what lies ahead, and whether he can pay.Is he likely to go bankrupt to avoid paying? What else might he do? See my questions above.
  8. Members of the public can no longer report anyone to TS. You have to do it through the Citizens' Advice consumer line. Google for the telephone number. If you them something the builder did that counts as 'misleading' then they will report to TS.
  9. It was not cash - I have full records. How does this question answer my questions about how I find out if he owns his car etc?
  10. This is exactly what I'm trying to do, and am seeking help tom this forum on how to do this. Can anyone answer my questions above? I' m seeking specific answers on how to check him out rather than generalities.
  11. Also, how easy or difficult would it be for him to become bankrupt? Does he have to prove he doesn't have any money, or can he just decide to become bankrupt and fill in the forms? Does he have to convince a court or some other body to allow him to become bankrupt? He has a very high spending lifestyle, so I know he has plenty of money.
  12. I know where he lives, and it's nearby. He's lived in this area all his life. I don't wish to publish his name, but he's a sole trader so unlikely anyone else will have dealt with him. Do you have personal experience of a similar case? I'm interested in finding out the details of whether I could find out if he owns his car, and how to get money from his bank account if I win. For example, would he know what date I was going to get the money from his bank? Having used him, I know what dates there is likely to more money in his account.
  13. Hi, I'm new here. I've just posted my situation about a problem with a builder on the legal forum. If anyone has experience of going through the small claims process on a similar issue I would appreciate advice. Thanks.
  14. Hello, I'm new here. In April, a builder started a small extension and some internal work to knock through walls. The building inspector visited in May, and was not happy with a number of aspects of the work. The builder did not agree with the feedback, and walked out. I have spoken to a solicitor who advised me to get a RICS survey, which I am currently organising. I will be a litigant in person, but am taking some legal advice at key stages during the process. As the amount is unlikely to be over £10k it will probably go through the small claims. I have paid the builder in advance for work that is not yet completed, and for work I though was completed but needs to be remedied. In addition, he did a couple of other things I have not yet paid for, but the inspector wants these changed, so I have refused to pay. I have asked the builder to try mediation, but he does not reply to this point. Any general advice for me from anyone who has experienced this before? I've never been to court. In particular, I have checked and he does not own the house he lives in. He drives an expensive car, and I've seen the DVLA form for finding the registered keeper, but don't know if I can use this, and in any case this will not tell me the owner. He is a sole trader. Is there anything else I can do to find out his ability to pay? I've checked the .gov website on bankruptcy, and he's not on there. If I win the case and he does not want to pay (which I think might happen), I've seen something on the justice website about getting him to go to court and give details of his bank accounts. Has anyone got money back this was successfully? Also, when I have calculated the value of my claim (which I can't do yet until after the RICS survey then getting builders to quote for remedial work), how long does it take to get to court? He is being really childish, refusing to give me or the architect his progress photos showing what's underneath the floors, as the council has not yet inspected this. Any advice from people who have been through this before?
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