How do you come to terms with being screwed out of £60,000?!!

[greatbritishknee]

I have posted about this before under a different user name - just in case anyone recognises the story - things have progressed further now though.

I am genuinely looking for any wise words that might help me see this whole situation in a more positive light or just help me navigate a way forward.

We had an extension built earlier this year - and I know that to own a house and be doing an extension already makes me someone who has been incredibly lucky in the general lottery of life.

We borrowed 50K from the bank which was the max we could (on top of our mortgage) according to our salaries so there is no possibility of borrowing more for a long time.

Throughout the build the relationship with the builder broke down completely as he got furious with us for ever questioning or complaining about anything. At the end of of the build he sent us a final invoice but we sent back a snagging list and also the requirement for the final building control inspection (having found out he had not organised any of the interval inspections with building control in spite of telling us he had both verbally and it was in his contract to do so).

He went mad at us and started making threats if we don't pay him all the money and has carried out some of these threats including contacting my place of work and telling them I am mentally unstable and have post natal depression and am aggressive and volatile (our second child was born prematurely during the build and we also have a just turned 2 year old), he contacted social services and told them the same, that we were a risk to our children and my husband is abusive. He contacted the GMC and told them I was not safe to see patients (I am a doctor). He has threatened to contact my husband employers with similar and also my Dad's. He has threatened to send bailiffs round. He has told us he wants us to lose everything including our home. Just for the record there is absolutely no basis to any of his assertions about our character.

It was hell. Eventually we got the police involved and the harassment side of things has now stopped. Nothing has come of any of his accusations as they are all baseless but it was a terrifying time - never knowing what his next move might be.

Now he has backed off but cut a long story short it turns out he did a terrible job of the build - to the extent that it will have to be knocked down and re-built. No part of it complies with building regs not least the foundations are not deep enough. He told us he was getting building control in but he wasn't. Quotes for the re-build are coming in at £60,000 plus but we won't be able to afford to this for a long time - this means we are tied to the house and the area until we can which was not our plan.

I know we will eventually cobble the money together through a few years of hard saving and contributions from family and we are incredibly lucky to be in the position to do that. But I can't get my head round all the other things we could have done with that money - not least for our children. I can't believe how hard he went after us - and me in particular - having recently given birth - and all along he had completely screwed the whole thing up. We will have to change the way we live for the next few years to save the money.

The reason I am posting today is because we finally found out for sure there is no point in pursuing him for the money - he is personally liable but doesn't seem to have any assets - so we would win in court but never actually get the money.

Can anyone help me frame this in a more positive light? I know I am so fortunate in SO many ways - I just need to get my head around this so I can move on. Anyone got any stories of having been though similar and come out the other side?

Also you could apply to make him bankrupt
Cost you a grand.
Your solicitor is thinking about ways to get your 60k back.

You need to be thinking about ways to shut him down. Regardless of if you get any money from him.

Trust me, he’s not going to do anything now the police are involved.

So sorry to hear this has happened to you, OP.

I'm a journalist and have written several stories about rogue contractors. A story will mostly likely end his career and prevent him from doing it to someone else. But obviously you have to weigh that up against the stress of going public, and if doing so would cause him to go rogue.

Good luck, it sounds so stressful and my blood would be boiling, too.

My close family has been ripped off similarly.
To make me feel better...:.
Reported all threats to police (gang weren't used to folk standing up to them). Bloody nerve wracking though.
Trading standards investigation.
Followed (anonymously) the shits online... They weren't too clever re their FB settings... Thus I was able to tell cops/TS exactly whose garden they were in... ripping off yet another elderly vulnerable person.
Made sure all my contacts knew their names and MO.
Signed them up to all sorts online.... (childish but made me grin).
Fitted a fuck off obvious Cctv at relatives porch... With a smile you're on candid camera sign....

Also I did send some anonymous mails to them... Not threatening.

a friend was recently swindled out of £55k by conmen hacking into her emails when sending the deposit to their solicitor for their first home

@livinglavidavillanelle do you have any further details? That's terrifying.

Deffo sign him up to lots of dodgy porn sites. Adult work gets mentioned a lot on here. His wife will think he’s playing away.

Hi OP, similar thing happened to a family member. She is pursuing him under company law (the name of the legislation fails me) but essentially this enables you to personally sue a company director if they have breached any of the duties of a director (fiduciary duties, fraud etc) id recommend you have a look at this avenue as we were told not to sue either via insurance.

I'd also recommend you look at the defective premises act as this covers negligent work - not poor workmanship which is what insurers don't cover. The fact you have reports showing dangerous works should help a court case and any reports you make to reading standards.

I'd also report to the FMB and other regulatory bodies he claimed to be part of to get him struck off.

If I think of more I'll post again. I'm sorry this has happened to you. It's insane that regulations don't protect hard working people and enable fraudsters x

Thanks all for your lovely messages. its 2 hours past my bedtime so I must go to sleep. I will be dreaming of somehow giving him his comeuppance via one of the suggested (legal) methods!

I would definitely go after him in the County Court. Even if you never see a penny of your money back a CCJ against him will mean he will be unable to get credit with any of his trade suppliers which will make his work/cash flow very difficult to manage. Karma biting him where it hurts...

Not jph but it's so frustrating to here lots of similar cases
We too will try all legal routes then publicly name and shame him.
What I'm trying to find out is if you can pursue the builder as a person and not the company because it's so easy for them to close the limited company down and start afresh

I am so sorry this happened to you. The good news is . . . um . . . if you and your husband have weathered this and are still together, then it shows that you have the strength to survive many storms! And that's better than money!

I agree with @Starryskiesinthesky

You must look at the positives in your life. You have your health, a husband, a home, a happy baby, a profession, a supportive employer, an education, friends, and family.

In the scheme of things, some knobhead nicking your money - well. Fuck him. Let it go, chalk it up, think of all you DO have.

Hi OP

His public liability insurance on it's own wont help you - for that to operate there needs to be injury or damage to third party property (not just the parts of the property he was building). So if it's just the extension itself that's shoddy then it wouldn't kick in (however if he had damaged the rest of your house eg the foundations then you could claim for that)

Professional indemnity insurance may cover it though- that covers financial losses to third parties (you) caused by poor design or advice. I'm guessing as a sole trader he wont have his own PI policy BUT some contractors PL insurance have a built in small amount of PI say up to 10k or 25k. It would be worth checking this. Have you got a record of who his PL insurers are? If so you can probably look on their website which will have a policy summary or key facts showing what's covered, or ring them to clarify if not. It's definitely worth a try. You may be able to get your household insurer to take over the claim if you have legal expenses cover with them, then you don't need to pay legal costs or get involved.

@sh05 we've been through similar and you can, but it's about them being personally negligent as a director of the company that lifts the corporate veil and holds them accountable. Their assets and future assets can then be recovered immediately or any future assets will be frozen and made available for you to recoup money at that point.
It is harder to achieve than what I'm writing here but I'll find out some more info tomorrow and post again. The barrister is writing our statement for court and the letter to the builder should be issued soon. X

You asked if anyone has been through similar and how they coped.
We had over £200k in inheritance "taken" by my auntie and cousins.
The only way we cope is to avoid thinking about it and knowing that we are nice honourable, principled people.
They are shitbags who will never be happy.

Be proud of your beautiful family, your worthwhile career and the fact that you are better people.

A friend of mine and her husband were horrifically ripped off by a builder. They went to the media: coverage on a prominent tv show, newspapers, radio programmes. Very soon they were reimbursed with an apology for the 'misunderstanding'. It possibly helps that my friend is absolutely drop-dead gorgeous - how photogenic are you OP? A couple of cute kids make for good media images

Well said Serin!

This happened to 3 close friends of mine, all different builders. All 3 of them are decent, genuine people and it hit them so hard because they just could not believe a person could be so bad, it shook them completely.

One was about €200,000, the entire house, honestly her health took a real knock from the stress but she did manage to put it behind her.

My only advice would be to accept that IT'S NOT YOUR FAULT.
This happens many people, most people don't have a clue what they are doing heading into a project, how could you?
If you had bought a house and it had lost 60,000 in value, you would probably deal with that ok, but this seems to be haunting you because you are blaming yourself somehow. Look what he turned out to be, how could you have possibly known that?

You will definitely get over it in time. You have so many good things in your life and don't let him change you or take another second of your time.

Did you have an architect involved, and if so did they have any supervision or oversight responsibilities? If so it would be worth considering whether they are in any way liable. They will have professional indemnity insurance so if they are liable, they will be able to pay.

Sorry meant contractors insurance sometimes has a financial loss extension not a PI extension (covering financial loss not caused by injury or damage) so look for that in his insurance

If he is a member of any professional body, call them and ask if they provide any PI insurance through his membership. Some bodies do.

And, even if you don't know if he is, call a few relevant ones and ask if he is.

Also do speak to your bank about a charge back. Speaking to them can't hurt, they can do charge back in some circumstances.

The whole thing is terrible. I hope you can find a way to put it behind you even if you don't get any recourse against him (And I agree only to go for the repayment, not any personal vendetta, as that may trigger him into worse behaviour and also only prolongs your pain for no real benefit).

Maybe as one PP has suggested he has professional indemnity insurance.
If not, OP, I think the only thing is to relativise. Family in good health? Tick. Are you generally solvent? Tick. Where I live (EU country) it is very common for people to be ripped off for similar amounts by builders who mysteriously go bankrupt and then reappear. People pick up the bits and move on, remembering that life is short. You can, too. Sorry this has happened to you.

What a shit!
I could kind of understand his shitty thought process if he'd done a good job and not been paid. But the fact his work was so appalling and then he harassed you is what really sinks low in this. Not content with doing a crap job, a dangerous job, he's got the nerve to harass you guys rather than have any remorse. What a prick.

I think you should seek justice (CCJ/bankrupt him), that'd give resolution, even uf money not recoverable

Maybe as one PP has suggested he has professional indemnity insurance.

The OP confirmed he does not.

Presumably the OP did not pay him the full amount, which was quoted at £50k, as she says she sent a snagging list and requested BC docs before the final payment. She also says his threats were base on him being paid in full, so he presumably wasn't.

So, the OP has not 'lost' £60k, but only what she paid him (presumably still a significant amount of course) and the rebuild cost is £60k which could well be what it should have been in the first place I suppose.

Think I’ve missed something, you were refusing to pay until the snagging list and inspection situation had been sorted out. If it needs to be taken down and rebuilt, this obviously hasn’t happened so I assumed that you hadn’t paid him. Why are you now trying to recover £60 k from him?