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Property/DIY

Intimidation of a witness -any lawyers around?

12 replies

PavlovtheCat · 02/02/2010 15:30

I have civil court case this month at county court. I am suing a builder for horrendously screwing up our loft conversion and leaving us out of pocket (he is suing us too, claims we owe him money).

Part of our argument (not all by a long shot but one element) is that he became aggressive and intimidating towards the end, and made it impossible for us to have in the house.

Half way through the project one of (his only by this point) paid employees left.

Just before christmas this old employee dropped around some keys to our house which he had, and to see how the loft went and let us know he had photos if we needed it. He had heard about the court case from the builder during the only time they spoke.

This guy came around today, clearly worried. He has had a phone call from the builder who is pressurising him to be a witness to testify at court that his work was good and he did everything properly and according to our wishes. This guy said that the builder had previously tried to pin some faulty work on him and he was worried i think he would be blamed. We reassured him as far as we were concerned the builder was responsible regardless of who physically did the work and we would not sue him personally.

He said that he was half expecting this builder to be sat on his couch when he got home 'having a cup of tea' with his mother and making out like it was a social call, but will put pressure on him and his mother for him to stand. He said that if he attends as a witness he will only tell the truth, but that if the builder loses he is worried he will made a scape goat and there might be repercussions as he knows his family and he feels the builder is perhaps a little 'unhinged'.

DH is also worried, that as this builder is running scared as we have a wealth of evidence against him he might turn nasty to us, but we have no proof of this.

I have advised him that if he is concerned about intimidation, maybe he should contact the court and advise them he is worried.

However, is there anything we can do? Who we would we talk to, to raise our concerns? I am not really concerned that potentially false evidence from this ex employee would tip it against us, as it won't, but am concerned that the builder is using bullying tactics in an attempt to win this court case and if so, what might happen if/when he loses?

Any advice?

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PavlovtheCat · 02/02/2010 15:50

oh, should probably have put this 'legal' i shll move it!

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PavlovtheCat · 02/02/2010 15:52

now in correct topic

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cissycharlton · 02/02/2010 16:08

Has your solicitor contacted this man about providing a statement in support of your claim?

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PavlovtheCat · 02/02/2010 16:12

We do not have a solicitor. Neither does he.

I have just phoned the court for some advice. They have said to put it in writing for the district judge to be aware of.

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jeanjeannie · 02/02/2010 16:18

Pavlov This guy gets more awful by the minute Hope you get some top notch help and ideas over in 'legal' x

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PavlovtheCat · 02/02/2010 16:25

Thanks jeanie the poor guy came over i think as he was worried he will be caught in the middle of it all, which unfortunately he is. He is only young and a really nice bloke. We told him that we will not call him as a witness ourselves (not needed) but if he does attend for the other guy we will be asking questions of him, and we do not expect anything from him other than the truth so no pressure from us, and no blame if not in our favour.

He told us some absolute horror stories about him (for example he attempts to sue people when he has run out of money, in order to 'get some cash' .

He will NOT intimidate me.

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jeanjeannie · 02/02/2010 16:30

Sounds to me as though this guy's work 'ethic' has to stop....now. Good luck and please keep up posted.

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rebl · 02/02/2010 18:14

Blimey, this builder sounds worse and worse everytime you tell us something more about him. Sorry, no advice but hope it goes OK in court.

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PavlovtheCat · 02/02/2010 18:19

rebl it's like a soap opera isn't it? . Apparantly all his big 'i am's' were intended to intimidate us, to show him as someone to be afraid of. I just thought he was a show off and did not beleive a word of it, and still don't. I am not worried about any repercussions from this, as i work within the legal system (criminal justice) but DH is worried he might get nasty when the case is over, esp as he is 'persuading' this poor lad to give evidence when he does not want to.

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GrendelsMum · 03/02/2010 09:35

He took on the wrong heavily pregant woman this time, didn't he .

You make me proud, Pavlov the Cat.

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rebl · 03/02/2010 11:40

It is better than a soap opera . Sadly though, its real life and has really happened to you. Some people are arses. Did he not know what you did for a living? He might have been more carefull if he did.

I find it hard to imagine he would get nasty after the case, surely if you have reason to believe he would you could get a restraining order put on him or something. Most normal people would just walk away after its been through the court but I guess he doesn't sound normal by most people's definition.

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PavlovtheCat · 03/02/2010 17:08

rebl normal, that is not something i would say about him! He has this poor boy worried that he will pin the faulty work on him, or that he will not stop hassling him until he does/says what he wants. I suspect it's all talk, come across blaggers in my job all the time, but then, i also thought i was a good judge of character because of my job and that proved to be so so wrong (i did not look at him like a criminal, which i should have).

grendlesmum aw that is sweet , you are right, he picked on the wrong woman! But it makes me wonder, if he thought this would be a good way to make some money, byt starting a court action, he must have done it at least once before successfully? i mean, I wonder if he has threatened someone who had maybe paid cash and had no way of proving they did not owe money, and did not know the law (not that i do) or did not think they could win, and paid? I mean, you do not need any kind of paperwork to go into a court and say 'x owes me money, i want to start a small claims action', and recieving the letter from the court must be frightening, as it 'appears' like its more official than just paying £150.