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Builder did not correctly installed flat roof extension


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Hello, Please help with how to write the "Demand For Particulars" on the online small claims form, I have several issues with my builder and I am not sure just how to write it in  away the court will understand, here is a list of the issues I have.

1: he quoted to use ply  but used chipboard

2: he did'nt install a vapour barrier

3: he did'nt extend the internal and external walls and cavity installation to the underside off the roof

4: He did not join the joists togeather at the front of the roof.

I have already sent him to letters stating the problems and asking for him to correct the issues, and that i am willing to use  a ADR service but he has failed to respond to them

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He has 2 facebook pages and was selling a £11k Bentley last month. 

Hi CobraUk.    I am in the next town over from Lowestoft,  Great Yarmouth, and have heard this guys name mentioned recently on local pages for several things. Would you like me to do a bit o

MCOL claimimg interest - Copy (2).pdf   Calculating interest under the County Court Act In many cases you can claim interest on the money you are owed. To calculate this, use the s

Welcome to the forum.

We can certainly help you but it might be better if you tell us a story and a little bit more detail without too much narrative including dates, amounts of money, how did you pay – et cetera.

Also what is the name of the builder? Is it a sole trader, limited liability company?

Have you got the agreement in writing?

 

Have you pay any money down?

What is the value generally of the claim you want to make?

At least that lot
 

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Hello BankFodder, I will keep his  name private for now in less you need it ?

 

OK he is a sole trader and  the only thing I have in writing is his quote that states he will use Ply but he used chipboard a big no no on roofs, the job was finished as far as I was aware and it seemed to have be built correctly so he was paid in full, I have had a quote from another roofer to take off and reinstall the roof correctly for £3700 inc vat.

 

As I said I was unaware he had not installed the roof correctly untill it was very windy one day and then I was aware of a lot of air coming through my downlights, and as the roof should have been sealed to not allow air in, so this sent alarm bells to me, so after some investigation work and looking into how a warm roof should be installed, I found out that

 

1: The roof should have had a vaprour barrier it hasnt got one

2: The external and internal and cavity insulation should have been taken up to the underside of the roof, they were not, andI have photos proving this. and thats why air is coming in.

3: The joists should have been joined togeather at the front and secured to the walls they are not and again I have photos

4: He quoted for ply and he used chipboard to cover the roof above and below the insulation boards before the roof was covered  with fibreglass, and I do have photos to prove that as well

 

The building inspector after I told him the problems I had found is not able to sign off this work because of the above list, and he is unable to put any pressure on the builder as its not dangerous what he has done, its just been insatalled incorrectly, so its up to me to sort out the issues with my builder.

 

Any Help will be great

 

Thank you

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I think it's important that we know the name of the trader because we may be able to find additional information about this person. There is no disadvantage to you in disclosing the name of the trader as long as you are acting straightforwardly and honestly.

You haven't told us when any of this happened. You haven't told us how you were paid.

When you refer to £3700, does this include all the work that you have since discovered should have been done – in points number 1 to 4?

Do you have an address for this person? Is it a residential address?

Do I understand that there has been no responses from him at all?

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Hello again

 

Can I tell you in privite chat or email re his name and his private address etc please

 

The work was finished just before Xmas

 

He was paid via bank transfer (yes silly mistake)

 

The £3700 is to correct all the mistakes he made listed 1-4

 

And yes he has not replied to any of my letters (delivered by  PO sign for ) so I have proff he has got them.

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I'm sorry but we prefer to do everything on the forum. We don't play secret squirrel here. We are straight dealing and honest.

Hiding the name of this trader simply brings comfort to him. There may also be other people have been affected who might need help – but also whose experience might contribute to your own experience.

There is no downside and I don't really know why you want to protect him.

You need to investigate whether he has any assets available because if not then you need to consider very seriously whether it's worth bringing a legal action.

On the basis of what you have told us, your chances of a successful action are excellent – better than 95% – as long as you have identified his address correctly and that there is no possibility that it is simply some address which he uses but is later able to say that he never received the papers.

More importantly though, even though you can get a judgement against him, enforcing the judgement could be a different matter. If he has no assets and there is nothing to enforce against and so although you have a judgement, you are left with the expenses of bringing the court action and the cost of enforcement on top of the money you have already lost.

We are happy to help you make your claim if you want – but it is worth taking a great deal of care and being thoroughly prepared and particularly how you are going to enforce judgement once you obtain it.

Have you thought about these things?

Have you sent a letter of claim? If you have then please post it up here in PDF format

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Hi yes I understand what you are saying, I just thought it would be best not to name at this stage.

 

Ok his details he trades under the name of Woodhouse builers and his name is Richard Woodhouse his address is 22 Spashett road Lowestoft Suffolk NR32 4DG and that is where he lives, as for assets I have not got a clue how I would find that out ? , I assume he owns his house/vans/tools etc, and yes he maybe may not pay up if I win, but what choice do I have I dont want him to get off scott free at worst he will have a CCJ against him and a bad name for company when its reported in the press wont he ?

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Of course you can bring a legal action. It's up to you. I'm just making sure that you understand your risk factors.

Don't imagine that it will be reported in the press – unless you have some very good friends working for the local news – but this kind of stuff is not at all newsworthy.

However if you get a judgement then you could certainly post up some reviews on trustpilot et cetera and of course the occurrence of his name on this website will also make its way into Google rankings – if people are lucky enough to do the search and find the hit.

But it is certainly worth understanding your position completely and you should start off by searching the land registry website https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do for his address and see if he is the owner.

If it turns out he is the owner then it's probably all systems go. It he is not the owner then you need to understand the risks. He may be somebody who is not at all bothered by having a blighted credit file – and you never know maybe his credit file is already blighted.

Do the search. It will cost you a small fee but it is well worthwhile. Come back here and let us know what you find.

I asked you if you had sent him a letter of claim but you haven't addressed this question

 

 

So he seems to go under more than one name. B&W builders. Woodhouse builders. There may be others you don't know about. Not a good sign – but not fatal

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Whether he is married are not is irrelevant. The point is that it seems that he is not the legal owner of the property and that could make things difficult.

If you aren't sure what a letter of claim is then please will you read up on this forum the steps involved in taking small claim in the County Court.

It's not very difficult – but knowing the steps in advance will give you confidence and you won't be running behind all the time.

When you understand the steps then come back here and will take you through the next step.

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I forgot to ask you whether you had written to him with the quotations you had for the work and also whether you have written to him with the comments of the building inspector.

In case he defends the claim, it's very important to show that you've laid down a clear paper trail and you tried to involve him at all times.

Although it may sound as if we are causing delays, if you prepare your ground thoroughly and make sure that you have communicated everything to him then it will make life easier later on in case he starts raising objections.

 

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yes I did tell him in the 3 letters he has had everything I have told you so he is aware of the quote  for the work and also the comments of the building inspector

 

So do I need to know what "Demand For Particulars" are ? as thats what I do not understand and was my first question you ?

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I'm afraid I don't know what a "demand for particulars" is. I don't think anybody here has ever heard of it. When you get that from?

The usual – and required – way to start an action is to give 14 days notice in a letter of claim. This is an essential first step. After that you follow up with a particulars of claim. If you read up on the steps involved taking a small claim in the County Court you will find it's all there

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my mistake it was Particulars of claim not demand for particulars I was asking about ?  in the way it needs to be worded to state my claim I wanted sorry my mistake

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Okay that makes sense.

You should be issuing this claim on the moneyclaim online website so you should go there and register and start preparing your claim. You can save your work as you go.

You can draft your particulars of claim there but I suggest that you post a copy here so that we can have a look. The trick is to keep it as short as possible. Give as little detail as possible – simply enough to show the basis of your action and how much are claiming.

There is a checkbox which allows you to indicate that you will be sending more detailed particulars of claim after you've issued the action. Do not take this. The only make things much more complicated and you really don't need to do anything like that for a claim as simple as this.

However the first thing you need to do is you need to send a letter of claim. Have you done this?

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Hi CobraUk. 

 

I am in the next town over from Lowestoft,  Great Yarmouth, and have heard this guys name mentioned recently on local pages for several things. Would you like me to do a bit of investigating for u. I also have a school contact who may know him and can ask him. My contact is a builder not roofer but they do cross paths at times. 

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OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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He has 2 facebook pages and was selling a £11k Bentley last month. 

  • Like 2

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Thanks to you both I will update you very soon, I am just waiting a few more days to see if he responds to my last letter I am not holding my breath, as before this part started he told me to take him to court as he wasnt doing anymore.

 

The Godmother thats that would be good if you can find out anything, and you never know he might be selling that to pay me lol

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Thanks – but can you tell us was the last letter you sent him a letter of claim?

Maybe you could post it up here.

If it wasn't a letter of claim then maybe now is the time to draft one so that you are ready to send it. If you'd like to post it here and we can have a look.
On the basis that the letter of claim won't produce any results – and they normally don't – then you will have to issue the claim.

If we see the letter of claim then we can figure out a particulars of claim for you as well.

 

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The letter of claim is okay.

It's a bit too conditional for my liking because it is offering ways out such as ADR – which does not propose a definite resolution – but it is saved by the next para which seems fairly clear that you want a satisfactory response or you will bring an action after the expiry of 14 days.

The letter is undated. When did you send it?

When you send a letter of claim giving 14 days – then you must carry out your threat on day 15. No bluffing. No extensions. Otherwise you lose credibility and it's meaningless.

Also, when you send a letter of claim then you should already have had the moneyclaim account in place and the PDF drafted ready to go

When did you send the letter?

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