Builder accusing me of Upstream Third Party Interference

[GardenGladness23]

Well no apparently his solicitor is:

Appointed to builder to amongst other things for change windows windows and sliding doors

They ordered the windows on agreement with me

They paid window company I paid builder

This was 9 months ago still no windows

Excuses, excuses and missed delivery dates, and bonkers contradictory information then a total vacuum of any response to my builder for weeks.

Plus I unearthed this companies previous incarnation with loads of bad reviews

Builder refuses to entertain this or to try seek a refund.

I genuinely started to doubt this was a legitimate business

One thing they do advertise using a specific type of aluminum frame brand - niche but large well known business

I called their UK sales rep who confirmed they did know the window supplier my builder had used but that he did not buy directly from them but from one of their official fabricators, I asked who this might be and they said they had no idea who he might be using for this job and who he uses changes depending on the job. He asked me what had happened and I said we had been waiting 30 weeks at that point and we're starting to disbelieve it was genuine as builder hadn't had any contact for 3 weeks. They said it was strange and said they would email window company and encourage them to contact my builder.

This was just over a month ago and still no further forward so we have started to apply a bit more informal pressure with the builder and he got quit combative and said I had to be very careful as he had been speaking to his solicitor and that the window supplier has said because of my contact the Fabricator he was going to use for our job now worn do that job. No one has any idea who this is though and the order was already over 30 weeks delayed at that point. The builder has not mentioned this until now

The builder said that his solicitor has said that the window supplier could just walk away for the contract now claiming that what I have done is Upstream Third Party Interference and we wouldn't get a penny back.

What on earth?? I have looked up this term in Scottish (we're in Scotland) and English law and it doesn't really seem to exist.

His solicitor doesn't appear to have given him any other practical advice other than this needs to be treated very carefully.

I suspect he hasn't talked to his solicitor at all and that he is making things up to try and intimidate you.

The builder has clearly failed to perform the service within a reasonable time. You are therefore entitled to cancel the contract and receive a full refund. If he refuses, you can take him to court to get your money back.

Hes in breach of contract. Hes maybe hoping there is a time limit so he can get away with your money. Did you pay any of it by credit card so you can claim off them?

id seek advice from trading standards or citizens advice asap. If they can’t help I’d pay for legal advice. It wouldn’t surprise me if someone goes bust in this chain of buying windows that nobody seems to know what happened wirh.

Ps Im not a lawyer.

@prh47bridge is a solicitor BTW

Thank you @prh47bridge

If we take him to court do we have any realistic possibilitiy of getting money back, all I am seeing on line is negativity where people have gone through the battle got the CCJ but the Sheriff Court still can't recover any monies. It's worth nearly 20k.

Builder is a ltd company.

To add to this @prh47bridge my husband sent him an email saying I understand your solicitor has suggested GardenGladness has engaged in Upstream Third Party Interference, was he able to also suggest any practical measures you could take now given where we are, apart from telling GardenGladness she needs to be really careful. Nothing back that was 4 days ago!

If your contract is with a limited company, you would have to sue the company rather than him personally. There is the risk that he might simply fold the company if you take him to court. In that situation, it is unlikely you would be able to get your money back. Even if your contract is with him personally, there are no guarantees. If he doesn't have assets worth £20k, you won't get your money back. But it is also possible that the threat of court action and/or a referral to Trading Standards may be effective.

@prh47bridge it's definitely through his business it's his dead Dad's business very well established, and he has one salaried employee but we also note he has other ltd companies so guess the employee could be employed through one of those.

Interestingly they recently sold the liveried van that this employee used. I don't know whether they have another one. But did wonder whether he's trying to get rid of fixed assets.

He himself is incredibly wealthy. Lots of property (which he lets out under a sep company) and huge house lots of cars.

If you call the Consumer line for Citizens Advice Scotland, they can advise you what to do next. I’m sorry you’re in this situation, but you will have to take action.
https://www.citizensadvice.org.uk/scotland/consumer/getting-home-improvements-done/problem-with-home-improvements/