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Legal action against tradesperson

11 replies

CaptainAlatriste · 31/12/2022 18:39

NC for this as if I do have to take legal action I don't want to have been seen to be bad-mouthing them all over social media.

So - two years ago we had an issue with some building work that needed to be done. We'd had a written quotation from him when we first moved in 18 months previous, but when he came out to commence the work he said it was considerably worse than he had originally assessed.
Sadly I cannot for the life of me remember who recommended him to me :-( but he was recommended by a neighbour, or a friend.

So basically "replace 8 tiles" turned into "you need a whole new roof".
This then turned into "oh no you've got asbestos tiles, I can either get rid of them for you, or you can hire a contractor to do it but I'll do it cheaper obviously"
I don't know what it looks like under the tiles as while he was working it was covered by the scaffolding and he managed to get it all on in a day.
He also did some work on the chimney, which is now defective - it's cracked right round the crown.

Water has been coming into our dining room for something like three years, I've asked him to come back twice, he's now blocked me on social media. I've requested (and never received) a written receipt. Every single professional who's seen the work describes it as (this is one quote) "a mess - its actually a water trap in places."

On the face of it, there's no reason I wouldn't take legal action: I've asked him to remedy the work and he's failed, and is now refusing to engage with me.
I don't know what I would get out of it though, I don't think he has any money, all his dealings were through his wife's bank account. I'm pretty sure he doesn't have insurance, and I don't want him back!
(These things are great with the benefit of hindsight, not so easy at the time.)

On the other hand, it might stop him ripping someone else off for ££££s.

Help....

OP posts:
LIZS · 31/12/2022 18:46

Small claims?

CaptainAlatriste · 31/12/2022 18:48

That was what we were wondering @LIZS - but then I had the thought given that I don't think we'll get anything out of him, what it will achieve?
Have you used them - what happens if they don't have any money?

OP posts:
LIZS · 31/12/2022 19:02

No I've not had to, but the process is straightforward and it may result in enforcement action if found in your favour.

prh47bridge · 31/12/2022 20:04

If he doesn't pay you will need to take enforcement action against him. If he really doesn't have the money to pay, you can't make him pay. However, you can agree a payment schedule with him or, if you can't agree, ask the court to impose one.

drpet49 · 31/12/2022 20:21

My friend took their builder to court. Ended up having a charge on his house and they got their money back in the end.

stayingaliveisawayoflife · 31/12/2022 20:24

Trading standards and action fraud. Unfortunately it will probably be too late for your bank to act under the scam transactions process but it won't hurt to phone and speak to them. You need to prove they had no intention of doing the work as stated rather than it being just poor quality work as that would be a small claims issue. It is how they do it though, small job requested, they find lots of problems then it's an expensive job which they pretend to do.

Speaking from experience.

Tabitha1960 · 07/01/2023 08:09

I am in a similar position, OP. I don't know whether to bother with small claims court as he will just pretend to have no assets.

prh47bridge · 07/01/2023 09:58

Tabitha1960 · 07/01/2023 08:09

I am in a similar position, OP. I don't know whether to bother with small claims court as he will just pretend to have no assets.

If he actually has assets, you will be able to take enforcement action such as sending in the bailiffs to get your money.

CaptainAlatriste · 07/01/2023 14:10

I'm still in the waiting game at the moment as it's not been safe to get anyone else up to have a look.
I am pretty sure @Tabitha1960 mine is not daft enough to have assets in his own name. Knowing what I know now, alarm bells should have been ringing at the time about using his wife's bank account but we are where we are!

OP posts:
Tabitha1960 · 08/01/2023 17:48

prh47bridge · 07/01/2023 09:58

If he actually has assets, you will be able to take enforcement action such as sending in the bailiffs to get your money.

He recently married and moved in with a woman who has owned her home for many years. So everything in it belongs to her, as well.

I only found this out after he did the terrible work which led me into looking into the feasibility of suing him.

Chupney · 08/01/2023 21:37

He may have some assets in his name and when you get your CCJ the bailiffs can ascertain what they are.

You can check if he has any other outstanding CCJs against him. I did with mine and he had in the past but were now settled (wish I'd bloody checked before the work!). The fact they were settled made me think I'd get my money eventually. And I did.

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