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Builder not completing work.

10 replies

PTom · 20/01/2024 16:09

I have an issue with a builder who agreed to replace a load bearing wall and remove existing kitchen units etc. then install replacement kitchen which I already have stored. The only works completed is demolition of the old wall, removal of old kitchen units and incomplete replacement wall that doesn't bear the load, load being borne by Accro Props. Not to mention the pile of rubble left on top of a newly laid front patio / slabbed area for all to admire. I have paid him for the work in advance - a mistake, I know, but the usual need for materials and payment of sub contractors etc so I paid. I cannot recharge, already asked the bank. I have sent one 7 day or money back notice, which was ignored. A contractor arrived with no materials to do 'work' As part of the works, a lintel to support over a doorway entrance is required, however there wasn't one in place originally which isn't uncommon as no building rules & regulations in the mid 1930's as there are now. Person I paid is claiming that I refused to allow work, but I've been advised by a professional builder that the building regs say there must be a lintel. The lintel was even in the agreed schedule of works but it seems the builder I paid wants to not install one as 'there wasn't one there before'

A very long winded saga sorry.
The salient points are that the original agreement was work begun 21st December and would be complete by 29th December 2023.
It's now 20th January and I'm still awaiting a promised telephone call at 4pm on Thursday.
The communications have been like pulling teeth, except right at the beginning when requirements were written out and as requested, monies paid.

My next course of action is to engage a solicitor?
Or are there any other routes?
I have warned him that legal action will follow, but he doesn't seem top care and has refused to refund my money.

Help!

Cheers!

OP posts:
SorryIAintGotNoMoney · 20/01/2024 16:18

From experience you have little chance of persuading him to finish the work or refund if he has walked off the job. What leverage does the customer have, what incentive is there for the builder to come back? Usually none, even if you kept some money back.

No decent builder would ask for full payment up front so that alone tells you what kind of cowboy you're dealing with. I went to Citizens Advice who said by all means take legal action, I was 100% in the right, written contract, pictures, the full works, but the odds of ever getting money back even with a 'win' in court is slim to none.

The whole industry needs much more regulation, it's disgusting that builders are allowed to work on houses, sometimes dangerously, with no sort of fall back.

prh47bridge · 20/01/2024 16:49

How much money is involved?

PickledPurplePickle · 20/01/2024 16:56

Did you pay all the money up front?

I think you will have little recourse in recouping it

PTom · 20/01/2024 22:42

£3K. I've seen comments elsewhere regarding winning CCJ's & not seeing money. What about bailiffs if there's no payment after winning in court?

OP posts:
prh47bridge · 20/01/2024 23:07

If you paid by credit card, your credit card provider is jointly liable with the builder. You may find it easier to pursue them.

If you need to take action against the builder, this would be a small claim, so you don't need a solicitor. If you did, you wouldn't be able to recover your solicitor's fees from the builder even if you win.

Your next step would be to send the builder a letter before action. Which? has a template you can use at Letter before small claims court claim - Which?. Once you've sent that and the deadline has passed, you can start legal action. Make sure you are taking action against the right person. If your contract is with a company owned by the builder, you must sue the company, not the builder.

There is no guarantee you will get your money back even if you win. If it is a company, the builder may close the company down.

If you win but the builder doesn't pay, you can use the court for enforcement, including using bailiffs. Even then, there is no guarantee the bailiffs will be able to force payment. But equally, it is possible they will be able to force payment.

Letter before making a small claims court claim - Which?

Taking a company to the small claims court to get your money back? If so, you must send them a letter before you claim - this template will help you.

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim-aSFAC8Q6Jqan

SFHJ · 20/01/2024 23:17

Are you NE, this sounds almost identical to what has happened to us.

Noseyoldcow · 20/01/2024 23:31

I've had trouble with work not being done to a professional standard, and I have resorted to the small claims court. Don't know if I will see any money back, but I am consoling myself with the fact that filling in the court papers to respond to the claim is a pain, and if I win, there will be a county court judgement against the company on record.

PTom · 21/01/2024 22:43

South Wales..

OP posts:
PTom · 21/01/2024 22:45

I'm hoping to recover most of the money without going to court, but will do if needed just because..

OP posts:
sleepwouldbenice · 21/01/2024 22:52

Does the builder advertise they are part of any professional bodies?

If they do then contact them with the issue. When our builder refused to return to rectify some faulty work they removed his professional membership until he sorted it

Might be worth a try

Otherwise definitely the credit card route if you've even part paid using it

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