Cowboy builder - Want to reclaim money and repair damage

[Dino404]

Hey guys. I've unfortunately been on the receiving end of being duped by an absolute cowboy builder that really and truly needs to be stopped before anyone gets hurt.

 

Over the Christmas period, i was looking to have some work done to the house, namely a new bathroom, toilet and to refurbish the kitchen. I posted an advert on rated people, received a call from a builder who came over to view the job and priced it up. I took a little time to mull it over, even went to view work he was doing at the same and agreed to hire him a few days later. Deposit was initially paid with the remainder to be spread over the course of the job.

 

Work was scheduled to start on the 28th December and was to take 8 days to complete. He did indeed turn up on the 28th, albeit late. At the end of the day, he asked for more moneyfor materials and some to tie him over and stupidly i handed over another £300. I should have realized he's received a large portion of money with next to no work done but i guess i was at the mercy of him as it started to go downhill from here.

 

He became unreliable, showing up late, working for minimal hours and a lot of the time now showing up at all despite claiming I'll be there in 10 mins'. All at a time when we had family in and out of hospital and he knew full well this was the case and took advantage. There were times he showed up and i gave him the benefit of the doubt and transferred smaller amounts of money into his account in hope of him turning up the following day. I obviously want to claim back the money I've paid him as well as for the materials I've purchased that he installed at a very bad and albeit dangerous manner as I've not heard from him in over a week despite many calls and messages. (He must have over 100 missed calls and many messages over the weeks of me trying to get in touch with him)

 

These are the issues with the work he HAS completed. There's a whole heap of other stuff he hasn't even begun

 

Bathroom

 

• Tiling not completed
  
• Tiling is not straight or grouted correctly where it has been completed
  
• Removed shaver socket to tile and left wiring exposed
  
• Removed towel radiator electrics and wiring is exposed
  
• Did not cap of old central heating radiator and left dripping for 3 days causing damage to bathroom floor and kitchen ceiling
  
  
• Left light wiring exposed after installing fan
  
  
• New bath has not installed straight and holds water in the center
  
• Cut (not straight) my new basin vanity unit after he measured incorrectly to fit
  
• Left shower wiring exposed in channeled wall and not sealed
  

Toilet

 

• Has not tiled the walls
  
• Wiring exposed for the light and new light not fitted
  
  
• Channeled holes in the walls
  
• Toilet not secured
  
  
• Door not hung
  

The only damage he caused in the kitchen was the ceiling due to the bathroom leak. He never attempted any of the work that was due in the kitchen.

I would say he's completed 20% of the work to a satisfactory standard but has 85% of the money. After the struggles of trying to get in touch with him, i searched for an alternative number and came across horror stories where he has duped many others. I have since reported him to Trading Standard and will be reporting him to Health and Safety tomorrow as well as he needs to be stopped. But at the same time i would like my money back to get in a reputable trader to rectify and complete.

 

I have looked for advice online on how to pursue but it all seems to be geared towards giving him time to rectify, follow the initial letter with another and seems like a long fix. I wanted advise on the fastest route to put in a claim without jeopardising my position as the work has been left in a dangerous state and i obviously don't want anyone getting hurt.

 

I've mentioned most of the above to him in messages, asked for my money back but not surprisingly he isn't willing to work anything out. Luckily every payment bar £250 was transferred from my account to his.

Apologies for the long rant, i appreciate a lot may not get to the end of this post but for the ones that do, all advise would be greatly appreciated.

 

Now breathe..!

[Dino404]

Just to add, in total he probably has seen around £1500 in payment and have around £1000 in materials for damaged materials or materials i will have to purchase again to rectify the work

[renegadeimp]

Do you have his personal address? Does he have any assets?

[Dino404]

Do you have his personal address? Does he have any assets?

 

 

I do have his personal address. He traveled to mine in a van and a car which i assume may be his. I could do a registry search on his property to see if he owns it.

 

I searched for further contact details from him on the internet as i couldn't reach him and found out he's duped several others too!

 

Would i need to give him a period of time to rectify or can i terminate our agreement in writing listing the reasons why and proceed straight to small claims?

[renegadeimp]

You need to check how he trades, and where he lives, if he owns his own house etc.

 

Then you need to issue an lba. Downside of that is it gives him time to move away, close down business etc, same as a lot if car sales companies do. It also depends if he's a sole trader or registered at companies house as a limited company.

[Dino404]

He works as a sole trader and isn't affiliated to a LTD company. I've got his address, details of the car and van he uses which are often parked at his property as assume he has assets. As a sole trader, any judgement lies directly on him?

 

Would I first write to him informing him I am terminating our agreement on grounds of dangerous work and will be claiming for damages and for work not up to standard? Send recorded delivery before proceeding with small claims?

[Dino404]

So CAB have advised giving him 14 days to rectify the issues highlighted but also mentioned that remedial work may be required for which an invoice will be forwarded.

[renegadeimp]

Sit tight and wait for others to advise. There are a few people on CAG that have been through the same thing before. Hopefully they see your thread and tell you how they solved their issue.

[steampowered]

Yes, a letter before action is expected, if no adequate response then proceed with court action.

 

You might not be able to identify any assets to enforce a court judgment against - although if you have a valid address HCEOs will give it a good go. However, as he is a sole trader, the CCJ will damage his credit rating.

 

You could enforce a CCJ against the bank account you transferred money to through a third party debt order, although that would only be useful if there is money in it.

 

Do you know if owns the place at the address you have? You can check on the land registry website. If he does, that would at least give you the option of securing a charging order.

[Dino404]

I will have to do the relevant checks and ascertain what he actually owns.

 

He's a cowboy and with a number of people coming out having had the same experience with him, he needs to be stopped.

 

If I did win judgement, could I obtain a high court writ and begin immediate collection of goods in the house to cover costs? Or vehicles seized etc.#

[steampowered]

If I did win judgement, could I obtain a high court writ and begin immediate collection of goods in the house to cover costs? Or vehicles seized etc.#

If you win judgment, one of the possible enforcement methods would be send the debt to HCEOs to collect. It isn't 'immediate' but it shouldn't take too long. This would only be worthwhile if he does in fact live at the address and the property there belongs to him rather than someone else.

[Dino404]

And it looks as though the house he is living in and the address on the invoice is in the name of his parents.

 

He lives alone so property wise it's his, I guess it's a case of trying to prove it somehow.

 

Can I check car registrations to verify the owner?

[renegadeimp]

Nope. Only legal authorities and agencies authorised by dvla can do that.

[steampowered]

If his parents are the registered owners, the house belongs to his parents. You can download this information on the land registry website for £1 if you need to check.

 

It is perfectly lawful to have a situation where the parents own a property but allow their relatives to live in it. In that situation, you cannot enforce against the property itself and would not be able to get a charging order. You could however still send HCEOs round if there are assets of value inside the house which belong to him.

 

If the house belongs to his parents, that makes enforcement more difficult. If you won in court you would get a CCJ against him, could try to get a third party debt order to secure anything in the bank account you paid into and could send HCEOs round to the address. You could also get an order requiring him to come to court for questioning about his assets. This is all perfectly possible but it would be considerable hassle and would not guarantee being able to get money awarded by the court, he might have already spent the money.

[kenwood]

I had a similar experience - will try to pm you.