SDB maintenance Ltd received 65% of money and walked off the job

[sunding]

We hired SDB Maintenance Ltd to create an ensuite toilet on our upstairs bedroom, replace showerscreen in main bathroom, replaster dining room wall and master bedroom wall. 

 

The job started on 29 Nov 2021 and I told them the deadline of the job is 18 Dec 2021. 

The quote was £4200.

We paid 30% deposit upfront.

We agreed to pay 35% on completion of job and 35% 2 weeks after completion of job.

 

They came sporadically and the works were poorly done, tiles were laid poorly, plastering is showing bumps and bubbles, showerscreen is still leaking. 

 

On 16 Dec 2021,

they said the ensuite bedroom walls are appearing large cracks hence they need to stop the job until a structural surveyor comes to confirm it is fine (which they have only done tiling and major pipe work, grouting wasn't done, the toilet, sink aren't fitted yet.)

 

Naively they kept saying they have done a lot, promised they will come back after new year to rectify things we aren't happy about, prioritised completing our work, and they are running out of money because they underestimated the work, he needs to pay his subcontractors, they asked for the 35%. Out of sympathy I've paid them the 35%, a total of 65% plus extras ( overtime charge for electrician, and extra plastering needed)

 

They kept deferring the come back date in Jan, saying there are family issues and one of the builders got into a car accident. We can sense they are trying to walk off the job and confronted him, but their tools were still at our house, so they said they did not walk off the job and will not walk off, they are coming back to carry on the project on 8th Feb 2022, but then they took their tools, some rubbish and left the site. He sent me a message saying they would not continue the job but will refund me £500. We disagreed, the work they have done is only 10-15%,

 

no builders are willing to take on half way done work and would need to rip off and start again. In addition, they have caused damages to our house, such as plastering affecting other walls which they agreed to paint it back. They have damaged a lot of tiles due to needing to take out the poor tiles. The downlight in the hallway is being pushed down and appearing cracks (which is just located below the ensuite toilet), the insulation wool on the loft aren't placed properly, random drill holes on my exterior wall for the pipe work. 

 

I've notified Citizens Advice in early Jan.

It was showing their company is being struck off and I've objected their strike off on companies house, hence they are deferred until 1 Aug 2022.

They might have it planned and ready to dissolve the company. As I can see they haven't filed anything so I am not sure if they have assets. 

 

My plan is to take them to small claims court.

 

One thing I wanted to raise is :

I paid the 30% deposit through his personal account due to some problems transferring over his company account.

35% to his company account. if they close their business, is it that I can still claim at least the deposit I've made to his personal account?

 

 

SDB MAINTENANCE LTD overview - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

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SDB MAINTENANCE LTD - Free company information from Companies House including registered office address, filing history, accounts, annual return, officers, charges, business activity

 

Edited February 10, 2022 by dx100uk
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[BankFodder]

It is certainly not worth taking them to the Small Claims Court unless you think that you can enforce a judgement. Otherwise you are simply left without your money, the damage they have caused, a bill for the court fees – and a meaningless judgement.

One of the things you could usefully do is to get an independent inspection and a report/quotation identifying all of the problems, the work which is necessary to remedy the situation and the cost.
You may as well find out what you are claiming for.
You could, of course, simply claim for your money back – but that won't recompense you for all the remedial work which is needed and frankly the enforcement problem will be the same whether it is simply for reimbursement or the value of the entire job put right.



 

 

You might also want to do a land registry search on their business address which seems to be a residential address in a quite close.

Find out who owns the property. Of course this may not be a reachable asset – but at least you are gathering some information.

It will cost you about three quid to conduct the search

 

 

Search for property information from HM Land Registry - GOV.UK

WWW.GOV.UK

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Find a property and get its title plan, title register, who owns it and see if it's at risk of flooding

 

 

If you do decide to sue the company, then you should certainly bring their accounts in question at some point because it is very possible that the money you have paid has not gone to the company but has gone to a private account.
This would be quite a serious matter and would be sufficient to "lift the corporate veil" which basically means that they would lose their limited liability protection and you would be able to go directly against the individual.

What is the name of the person that you paid?

 

Also, how did you identify this firm? Do you happen to know other people who have put business their way? If so, did those people also pay money into a personal account?

[BankFodder]

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SDB Maintenance Ltd - Home

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We offer a full range of property maintenance services. Just drop us a message and undoubtedly we... allhallows

 

And another residential-looking addressed to check out maybe

DBSB AUTOMOTIVES LIMITED people - Find and update company information - GOV.UK

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DBSB AUTOMOTIVES LIMITED - Free company information from Companies House including registered office address, filing history, accounts, annual...

 

[sunding]

Hi @BankFodder

 

Thanks for your reply.

I've gone to HM land registry to look at the title plan, however it doesn't tell me the ownership details.

 

Price Stated : Not Available

Registered Owner(s) : MHS Homes Limited (Co. Regn. No. 10704997) of Broadside,

Leviathan Way, Chatham Maritime, Chatham ME4 4LL.

Lender(s) : Nationwide Syndications Limited

NATIONWIDE SYNDICATIONS LIMITED

 

I can send you the full title register as it doesn't seem to tell me if it's owned privately.

 

I know Darren Broad should be the one living in the above address as I know Sam Edwards lives in Sevenoaks. Darren Broad owns a caravan and Sam has recently bought a flat in sevenoaks. I spoke to another victim (the one who left a bad review on their FB reviews), Sam was living in housing association when she hired him on the job in October. When Sam started the job in late Nov, he told me he has recently bought a flat. She also told me she has already sued them through small claims court and a CCJ has been issued, yet they haven't paid her back. I don't know if these assets were under their names.

 

They were recommended by someone who has hired them for work from mybuilder. But I hired them directly. The person who hired them got her job completed and she was happy with the job, not sure how things turn out to me in my case. The other victim paid them to their company account so it happened I have some problems trying to bank transfer to his company account that day hence they have given me Darren Broad's personal account.

 

I tried to read through many forums and no case is identical as mine. I couldn't find any history if Sam Edwards has ever dissolved other companies. 

 

Thanks,

 

 

I just had a builder came by and he said the things they have done is wrong, so he needs to almost start things over,  it's not just remedial work.

 

I need to spend extras to buy materials again and given they have delayed so much on the job plus extra costs, can I also claim the rental income that the room could generate on them? 

 

[BankFodder]

So you don't have any residential address for them and you are unable to identify any personal assets.

I might have suggested suing the company and also seeing them as individuals degree on the basis that the money was paid to a personal account – for whatever reason – and then let them deal with that in court if they decided to defend.

That could be a way forward but of course if you don't have any residential address for them, then even if you get a judgement you will be difficult to reach them for enforcement.
Only partly for your benefit but mainly for the benefit of others who come along, stage payments are there for precisely one reason and that is to protect customers against builders who don't do the job or don't do the job properly.

As soon as you start bypassing the stage payment agreement and making payments simply out of some kind of sympathy, then you are losing what little protection you have.

And I think it would be unlikely that you could claim loss of revenue on a rental room – you might just possibly stand a chance if it had been clear to the builders that this was the purpose of the work. But even then, I think you have enough difficulty on your plate and you don't need to add any further complications

[dx100uk]

open

 

dx

 

[sunding]

Latest update:

 

After serving a letter of claim, Sam replied saying he wants to mediate, he sounds really keen, after 1 month of back and forth conversation, he agreed to pay us back £2000. This is nowhere near to the £7000 remedial work + materials loss, but we wanted to move on so we agreed.

 

He has also signed a payment agreement contract stating to pay us back £400 x 5 months starting 23 May 2022. We haven't receive any payments, and he went AWOL. They have removed their FB page too.

 

What are our options?
1. Small claims court of £8000 (remedial work + material loss)

2. Small claims court of £2000 (as he has signed the payment agreement contract)

 

As previously stated I've paid to his partner's personal account, if I go through small claims court and get a CCJ, can I enforce a third party debt order? Do I have to send out a letter of claim again since I've already sent one in March.

 

Much appreciated for your feedback.