Advice needed after being ripped off £60,000 by cowboy builder

[Lujay]

Sorry- I sent all witness statements months ago at the time instructed by the court- so they have statements from myself, the builder who completed the work and the roofer who repaired the roof.

[Ganymede]

Sorry- I sent all witness statements months ago at the time instructed by the court- so they have statements from myself, the builder who completed the work and the roofer who repaired the roof.

 

It may be worth an application after all considering his lack of compliance but it will cost you a fee of £155.

 

You could just tell the Judge that at the hearing and ask for sanctions to be imposed on the Defendant or the Defence struck out and judgment entered etc.

[Lujay]

Thanks Ganymede. Do you think it's worth making an application for summary judgement after the pre trial review as opposed to turning up at trial? Trial costs over £1000 which will be refunded if it doesn't go ahead so I'd rather not start it! I'm guessing to make a summary judgement a judge would have to review a case bundle and evidence?

 

In terms of the pre-trial review; what sort of directions should I draft if my plan is to ask for summary judgement? Should I just send a case summary and no draft trial timetable and draft directions?

 

Thanks so much again.

[Ganymede]

Thanks Ganymede. Do you think it's worth making an application for summary judgement after the pre trial review as opposed to turning up at trial? Trial costs over £1000 which will be refunded if it doesn't go ahead so I'd rather not start it! I'm guessing to make a summary judgement a judge would have to review a case bundle and evidence?

 

In terms of the pre-trial review; what sort of directions should I draft if my plan is to ask for summary judgement? Should I just send a case summary and no draft trial timetable and draft directions?

 

Thanks so much again.

 

If you are asking for the Defence to be struck out at the pre-trial review hearing then submit Directions to that affect.

[Lujay]

Thanks again, Ganymede. I'll look forward to the end of this case and will let everyone know the outcome.

[AndyOrch]

If you are considering making application for SJ/Strike out Lujay try to coincide it with any CMC and preferably before allocation. lodge the application before completing the directions questionnaire. State in the directions questionnaire that the application for summary judgment is lodged and request that allocation not take place prior to the hearing.

 

Andy

[Lujay]

Thanks Andy.

[Lujay]

Hello again all,

 

 

I am after some help. I have completed form N244. I assume I should attach a draft of the order I am applying for- as per question 4. Does this mean I must complete a N150 form? Are there any templates or advice on how to structure this given I am asking for a summary judgement? I'm a bit lost and most of the examples I can find online are written for defendants not claimants!

 

 

Thanks so much in advance...

[AndyOrch]

Hello again all,

 

 

I am after some help. I have completed form N244. I assume I should attach a draft of the order I am applying for- as per question 4. Does this mean I must complete a N150 form? No Are there any templates or advice on how to structure this given I am asking for a summary judgement? I'm a bit lost and most of the examples I can find online are written for defendants not claimants!

 

 

Thanks so much in advance...

 

 

Edit to suit and add the relevant CPR for SJ etc

 

 

#### START OF ORDER ####

 

In the ......... county court

Claim No. ...

 

Before

 

District Judge ………

 

 

Dated ……… 20…

 

 

Claimant A

 

and

 

Defendant B

 

 

 

Draft/ORDER

 

####State the order you request here quoting CPR 3.4 (2)©######

 

IT IS ORDERED THAT:

 

1. XXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXX

2. XXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXX

3. The Claimant do pay the Claimant’s costs in this application, in the sum of £[ ] within 14 days.

 

#### END OF ORDER ####

 

Regards

 

Andy

[Lujay]

Thanks again Andy!

[Lujay]

Hi again all

 

Just an update: I sent my application for summary judgment but the judge ordered that since trial was due to take place in six weeks, it should go ahead and that I should attend the trial to prove my case, even though it is extremely unlikely the builder will turn up at court to defend his case. So I'm preparing my bundle now. Advice to others in this situation: get applications for summary judgement in early if the builder appears to be ignoring all directions and it looks like they won't attempt to defend the claim!

 

A quick question: given that I served my schedule of loss months ago and have since incurred costs in relation to the case (telephone conferencing with the court, cost of trial) how does this additional cost get dealt with? Do I update the schedule of loss for the trial bundle even though it has already been served? Any advice welcome.

 

Thank you again!

[AndyOrch]

If you are considering making application for SJ/Strike out Lujay try to coincide it with any CMC and preferably before allocation. lodge the application before completing the directions questionnaire. State in the directions questionnaire that the application for summary judgment is lodged and request that allocation not take place prior to the hearing.

 

Andy

 

I did advise the same Lujay:-)

[Lujay]

Yes I know- CMC happened several months ago though and judge implied that we should plough on- even though builder didn't show and hadn't complied with any directions even back then! Very unlucky but hopefully having gone thorough the whole process I can advise others on this forum one day

[Lujay]

Hi all,

 

Just bumping to ask if anyone can tell me how I communicate costs that have been incurred since my updated schedule of loss- which was filed months ago? This includes telephone conferencing, cost of trial and expert witness report invoice, which I received yesterday! Do I include a separate sheet with these costs? Or should I update the schedule of loss again? Trial is set for two weeks time!

 

Many thanks.

[AndyOrch]

I would think just a fresh bill of costs and serve copies Lujay

[Lujay]

I would think just a fresh bill of costs and serve copies Lujay

 

Thanks again, Andy.

[Lujay]

Hi all,

 

Just to let you know the outcome of our trial. We have successfully secured a CCJ against the builder for full a,punt claimed plus costs. It's just a case of enforcing it now: I know that is a whole new chapter.

 

Thanks again for all the help- I will keep people posted on enforcement.

 

If I can be of help to anyone else in this situation, please feel free to PM me. I started a money claim online and went to trial as a litigant in person. It's a long process but worth it and I am now considering writing to local press where the builder lives so that he feels the CCJ where it hurts!

 

Lujay

[steampowered]

Congratulations and well done for sticking with it, this is great news!

 

It would be great to keep assistance offered to others in similar situations on the open forum, so that others can benefit from reading about the experience and hopefully help give people confidence to use the legal system to enforce their rights

[Lujay]

Congratulations and well done for sticking with it, this is great news!

 

It would be great to keep assistance offered to others in similar situations on the open forum, so that others can benefit from reading about the experience and hopefully help give people confidence to use the legal system to enforce their rights

 

 

Of course, SP! I'm always willing to help- based on experience rather than any legal training of course! More than happy to do so openly

[andydd]

Good result. I've had success with summary judgement if I'd a very good tool that many are unaware of. BUT as demonstrated here it should be early on, pref pre allocation this also means you can claim full costs as its not yet allocated to small track, as a LiP you maybe able to get £300 - £400 max.

[Lujay]

Hi again all,

 

Quick question while we endeavour to enforce our judgement...

 

We have found the builder has moved to a different address to that which he gave the court at the beginning of the case. This is a flat in a block owned by housing association (the freeholders) and we think, looking at dates, that the builder may have bought the flat he lives in. Land registry just brings up the local authority when you search for the owner of the flat and the housing association are not willing to divulge information about their leaseholders and cannot tell me who the legal owner of the property is. Are they right to do this?

 

So: any advice on how I find out whether the builder does indeed own this property? Would we be able to submit a freedom of information request to find out who the legal owner is? What is the best way of finding out?

 

Many thanks in anticipation...

[unclebulgaria67]

Hi again all,

 

Quick question while we endeavour to enforce our judgement...

 

We have found the builder has moved to a different address to that which he gave the court at the beginning of the case. This is a flat in a block owned by housing association (the freeholders) and we think, looking at dates, that the builder may have bought the flat he lives in. Land registry just brings up the local authority when you search for the owner of the flat and the housing association are not willing to divulge information about their leaseholders and cannot tell me who the legal owner of the property is. Are they right to do this?

 

So: any advice on how I find out whether the builder does indeed own this property? Would we be able to submit a freedom of information request to find out who the legal owner is? What is the best way of finding out?

 

Many thanks in anticipation...

 

Not sure you can obtain leaseholder info easily.

 

Best course of action might be to apply to the court to make the debtor attend the court for questioning about his financial position. I believe there is a process for this, but you might have to employ enforcement agents to attend first, if he is not replying to the judgement to pay you.

 

If the debtor has to disclose to the court his financial position and come to an arrangement it might be easier. If he lied to the court or did not attend it then becomes a more serious issue for him.

 

Edit - this appears to the process

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part71/pd_part71

[Lujay]

Not sure you can obtain leaseholder info easily.

 

Best course of action might be to apply to the court to make the debtor attend the court for questioning about his financial position. I believe there is a process for this, but you might have to employ enforcement agents to attend first, if he is not replying to the judgement to pay you.

 

If the debtor has to disclose to the court his financial position and come to an arrangement it might be easier. If he lied to the court or did not attend it then becomes a more serious issue for him.

 

Edit - this appears to the process

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part71/pd_part71

 

Thank you so much Uncle B. Thought that might be the case. Fingers crossed...

[unclebulgaria67]

Another thought is that you don't want to go in to hard on this e.g threaten bankruptcy, because you might end up getting less, if there are other debts.

 

Is it worth elevating to High Court Enforcement, as they might enquire more about his financial position ? If they fail to gain a payment arrangement, then see if a court will issue request to attend court for questioning, so they can get his financial position officially clarified.

[Lujay]

Another thought is that you don't want to go in to hard on this e.g threaten bankruptcy, because you might end up getting less, if there are other debts.

 

Is it worth elevating to High Court Enforcement, as they might enquire more about his financial position ? If they fail to gain a payment arrangement, then see if a court will issue request to attend court for questioning, so they can get his financial position officially clarified.

 

Yes, bankruptcy would be a last resort for us but if he owns the flat he is living in, then forced sale may be an option. I was wondering about high court bailiffs. I'll give them a call and take it from there. Will keep you all posted! Thanks again!