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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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Pursuing cowboy builder


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Hi,

 

 

just found this forum,

look like some professional people are here to give help.

 

 

I want some advice on how to calculation of damages.

 

 

I am pursuing a builder for breach of contract.

Currently a surveyor came and reported that the site have lots of problems

-need to come down and rebuilding.

 

 

I want to ask if I am entitled to claim:

 

contract price is 35000

paid by instalment on completion of each stage of work, so far paid 15000

new contract price for new builder is 42000

demolition fee is 12000

 

do I entitled to claim:

1. seek to get full refund of 15000

2. demolition fee of 12000

3. additional costs payable to new builder is 42000 - 35000 = 7000

 

Kindly please advise.

Many thanks!

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in short, yes your sums are correct.

However, if the original builder doesnt pay up and has no assets then you will have spent more money on a wild goose chase. You need to find out whether builde limited co or sole trader and what assets the co/he has so if you do sue and win what the chances are that you will collect something.

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ericsbrother

 

 

Thanks for your advice. They are limited company. That's why I am also worried. Their account shows little money. How to find out if they have any other assets? If I want to claim it through court, how should I do? Is it through county court online or moneyclaim? Is it difficult to do it myself?

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did they turn up in a company van? Do they have a yard or work from home?

The amount you want to claim is too large for small claims track so I wont be advising you on the how to's. Seek advice, are the builders members of a trade association like the Federation of Master Builders? If so try them first to use their system.

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right, when they came to your house every day was it in a van with the complay name plastered all over the sides of it or was it in a car? Does the company have a builders yard they work out of and store all their stuff in or do they have just a home addrss on their letterhards, web site, companies house registration.

Reason is if they use a company van and have a yard they are assets of the company and can be seized by the courts if necessary. If they work from home and drive an ordinary car then these will not be the assets of a limited company and you may as well kiss goodbye to your money

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