Scammed by a builder big time

[Lalameme]

Hi my husband and I are having a house built
We found a builder with good references and he had a website with his work on.

He started June 2017 agreed a contract £150,000
He asked for £30,000 deposit
He was paid that and we had a receipt

He we discovered was not very knowledgeable
We had to have a partywall a retaining wall a structal engineer a new foundation
All costing us and extra £50,000 he did that work we paid him.
He then had to have the plans revised to build the house off the retaining wall and work had to stop he said he didn’t have any money so my husband gave him £10,000 to pay for hire and staff and towards the house shell.
When the build had to stop as planning this builder flipped out and blackmailed my husband into giving him another £75000 or he said he’d pull down the retaining wall at £22,000 we’d oaid him
So my husband gave him it. I had said go to the police but my husband wouldn’t.

So the builder we found out said he had built the cantilevers at £4000 we gave him extra and he hasn’t.

So he’s had £30,000 deposit
£17,500 house shell deposit
£4,000 cantilever payment he lied he had built

He then said 4 weeks later the contracts expired ! We said they don’t expire only if you terminate it or we do and we haven’t I said if you do you are liable to give the deposit monies back.
He said it’s not his business so it’s nothung to do with him he’s sold it.
We said then the new owners are in contract to us and you have to give them the deposit monies

Now he’s ignoring us

Our solicitor said court will be costly and he probably hasn’t got anything bailiffs may be worth it but my husband isn’t doing anything he said when house is done.

I since found out this scamming builder took £1200 off a 70 year old lady for work he did one day and never came back 9 months ago

I’ve emailed trading standards 3 weeks ago no reply.

What would be the best thing to do ?
I know my husband should never hand money over in advance we have receipts we found out he said his company was limited but it isn’t he hasn’t registered it so paying no tax.

I just don’t w at him to scan anyone else and we now don’t ah e enough money to build our house.

I'm not legally qualified

I had a dispute with a tradesman and took him to the small claims court (I suspect your amount is too high) and won and got my money back. Trading standards weren't interested.

If you win you'll get costs but if he dissolves the company I suspect you'll get nothing. Do you have legal cover on your insurance? Did you inform them building work was taking place?

The house is being built 5 miles away we rent a house atm so only have contents insurance

The solicitor said as builder didn’t register his company he is liable not his company as it’s not a legal company, when we told builder he said the Conakry was closed down years ago but he was allowed to build in his own name ?
He lies so much he knows he is liable he’s blagging it my husband is going to take him to a small claims court you can claim upto a stain amount but you pay a lot sadly so it’s another risk

Thanks

Do you know where the builder lives? If so, you could do a land registry search to see if he owns the property. Ultimately there is very little point bringing a claim against someone unless they have serious assets. (assuming her isn't working as a limited company and you are contracted with him and not the limited company)

He doesn’t own anything and he’s scum
He will get caught up with one day and hopefully will learn a lesson
I feel tipping off a 70 year old lady is beneath contempt

If he doesn't own anything then there's little point going to civil court. You could of course report him to the police and trading standards

Police say it’s a legal matter trading standards didn’t respond
As they say the devil looks after his own

Have you had the work he did valued by a QS vs how much you paid him? It is worth doing this so you can see how much you are out of pocket.

Are you in the Uk? Did you have building regs sign off? Just that it is not usual to have sign off without structural eng drawings and they should have been onsite to sign off at foundation stage before walls were built.

Yes has structal engineer and regs signed it all off

Yes good idea about getting a QS will look into that thanks

Regarding him building in neighbours land planning and building control said that’s not they’re fault even though building control signed it off my husband asked for a meeting with head of building control but our solicitor said they are right it’s nithing to do with them it’s the builders error

Unfortunately this is a classic case of going ahead with something way too complicated without knowing what you were doing.

What you have described rings alarm bells from the outset. You are clearly an inexperienced client and unfortunately he saw you coming. You should have got somebody professional to guide you through the process and then you would have had proper procedures in place to safeguard your project and your money. Things may still have gone wrong but you would have had a clear legal path for recourse.
I'm an architect and all my clients contractors have proper standard contracts, have contractors vetted properly (usually insist they are members of a trade body FMB, CIOB etc and don't release money until work has been completed (staged payments if necessary)

However you are now in a very difficult position. As it is a not insignificant amount of money I would speak to a solicitor who has experience in this area and get their advice. I see you have spoken to yours but it might be worth asking where they would advise going from here or asking for a second opinion. I'm not sure what you mean about what your DH wants to do.
However ultimately you may just have to write off the loss you probably need to get all work checked and signed off by building control as he's clearly a chancer and I suspect he's not only dodgy financially.

Work has been signed off by building control as said.
We now have a project manager who’s obtaining conytractor quotes.

Thanks

Good that sounds like some comfort

It's easy to get stung if you don't know what you are doing there is a reason the industry doesn't have the best of reputations
Some guys can do a lot of expensive, destructive and dangerous work that tarnishes the whole industry.

As it's not regulated it's left up to individuals to navigate the minefield.
Building regs sign off is really good as most cases I've come across it's another blow to ripped off clients to find out the little they do have is sub standard and has to come down too.