Builder, GRIFFS REMOVALS & RENOVATIONS paid in full in 3 separate statements, hasn't returned to complete work

[BankFodder]

Just redact it – but PDF format please

[DaveyD]

Hi BF

 

We will do tomorrow if ok thank you for getting back to me really appreciated 

[DaveyD]

Garden quote.pdf

[BankFodder]

You seem to have redacted the company name. Why?

[DaveyD]

This is the quote I recieved yesterday from the new builder I'm not sure if he'd be ok having his name out there but I could ask him

[BankFodder]

That's okay, I got confused. I thought it was the name of the builder.

It's fine – leave it as it is.

[BankFodder]

Please have a look at this thread here – and particularly the post below

 

 

There are some aspects of this case which are similar to yours and if you read my post then you will understand the tactic which I'm going to be suggesting to you which is that you fragment the contract and sue for one aspect of it only.

Come back when you have read it and you think you understand what is being suggested

[DaveyD]

Thanks for the response will do 

[DaveyD]

I did read it I can tell he's a rip off merchant that takes money, starts peoples jobs takes payments and doesn't return (repeat) he's no big company like the thread I've read, changes addresses and lies to people. To do that surely he must have cash to live.

 

Even if he's "broke" would there be any chance of any kind of repayment?

 

 

Edited September 11, 2021 by DaveyD

[BankFodder]

So the suggestion is that rather incur costs for a legal action which will take you will over the small claims limit, that you bring a much smaller action for one portion of the contract only as a pilot in order to see what happens and what the reaction is when you try to enforce the judgement.

I agree that your chances of enforcing judgement are pretty low but at least you may get some idea of what will happen if you bought actions for the larger sums. If you want able to enforce the judgement then of course you would lose your court costs but they would be much less.

16 you possible that he wouldn't even defend the action but simply allow you to get a default judgement which would mean that your console they would be a lot less although the enforcement problem would still be the same.

You say that he is a repeat offender on this kind of thing. Do you have any contact with other people who have been similarly affected? If so bring them here and maybe we could do something for everybody which would make you more powerful

[DaveyD]

Only problem is we are flat broke and have a very unsafe garden which is a constant worry about our dog and need it rectified asap court waiting times would be lengthy I imagine, he's carried out about 3k work here according to the builder that visited.

Yes we've been in contact but can't wait for any more delay

 

 

Edited September 11, 2021 by DaveyD

[BankFodder]

In that case I'm sorry but I don't know what to suggest.

If you visit the County Court website you can find out about fee waivers and maybe you could apply for a waiver. You don't need to be on benefits or anything – simply a low disposable income. Check it out.

As I've already suggested, if you can find other people who have had the same experience then maybe some different kind of action could be brought.

[DaveyD]

We could do county court fees etc but not afford any losses and leave us with the dangerous garden.

 

I could ask the other people to help a court case but if he's broke where would we stand

[BankFodder]

If you brought an action for a sum less than £10,000 and even if you lost the case you would not have to pay the other side's fees.

On the basis of what you say, it is pretty well impossible that you would lose. You would then have to add £66 for the enforcement fee – and even if you could not enforce the judgement that would be your maximum risk factor.

You could drive him to dissolve the company which could provide some satisfaction – and of course you may end up digging out some other information such as the whereabouts of any assets.

What you really need to know is whether he owns a home and where that is. It would still be difficult to make him personally liable but if you were able to find others in the same situation then there are possibilities.

I've asked you twice about possible contacts with others and each time you haven't addressed the question. Is there a reason for this?

[DaveyD]

I've already stated he rents on here and isn't his house.

 

The contacts I could but all I really need to know is what is the possibility of getting cash back off him if he liquidized/bankrupts himself which he's likely do.

 

ps: I did mention others

Edited September 11, 2021 by DaveyD

[BankFodder]

If he dissolves the company then there is pretty well no chance of getting your money back. Even if the company is not dissolved, if he manages to convince the enforcement agents that there are no assets then it's most unlikely that you will get your money back.

If you can contact other victims and bring them here we may be able to discover some way of suing him personally which might give you a better chance.

You may find that some of the other victims will have information which you are not aware of and it could be very useful.

Have you contacted people yet and told them about this thread and recommended that they come here and tell their stories?