Dispute with a builder

[Helenagrace]

I need some advice about a dispute we have with our builder.

He left site 4 years ago leaving several bits of work incomplete and some damage. He gave us a bill for just over £5000.

Letters have gone backwards and forwards and a couple of months ago he phoned us. On the phone he agreed to reissue the bill for £3000 and we agreed to pay it within 28 days. We agreed to get tradesman in to complete the remedial work ourselves. We have been waiting for our revised bill ever since.

No bill has arrived and this morning we have received a letter from some company called "Judges Demand" demanding the entire £5000 plus their "costs" of £900.

There is no signed contract.

Does anyone have any advice for us?

Keep notes of dates and facts and write back saying you'll see him in court.

DH phoned this company and explained that we had agreed payment with the builder so we wouldn't be changing our minds. They rang back and told us he'd accept £4k plus their costs. We've said no and we're sticking to our guns except now its £3k and he pays their costs. Stupid man is now going to lose £900 of his £3k.

I find it significant that the builder has a) not sought to recover the amount outstanding for 4 years and b) that he chosen to attempt to do so through a debt recovery agency rather than institute proceedings in the small claims Court after you had agreed to pay him the sum of £3000 in full and final settlement.

Have you obtained quotes for the remedial work or do you intend to DIY?

In view of the fact that you are now dealing with a debt recovery agency who are acting without benefit of any judgement having been given in this matter, I would suggest you revise the figure of £3000 downwards inform them that you will obtain quotes to complete the works which their client failed to carry out as per the original contract and to put right the damage that he caused, after which time you will get back to them.

It could be that the cost of completion/repairs is greater than the sum of £2000 you negotiated with the builder, in which case I see no reason why you should be left out of pocket in this matter.

Unless the agency has agreed to act on a no debt recovery/no fee basis, the builder may be out by more than £900. Stupid man, indeed