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Builders not paying small claim - what to do next?!

9 replies

Reluctantadult · 04/01/2023 14:27

Need some advice on what to do here. Our builders left a sewer pipe open which led to rats getting in and moving up and down the terrace damaging pipes etc. The water company fixed it by putting a stent type thing in. This cost us £1k. We felt the builders had not done the work correctly so should pay. They wouldn't reply to any correspondence so we did a small claim and won. The payment date has come and gone. The next steps according to the claim info are either a) send the bailiffs round or b) take action on their bank account to block off some income. What would you do?! Both seem so ridiculous and harsh. But we don't want to just kiss £1k goodbye! We were on good enough terms with the builders, or so we thought, just all got a bit fed up with the snagging issues but nothing untoward until they ignored everything about this.

OP posts:
Reluctantadult · 04/01/2023 16:51

Bump

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Reluctantadult · 04/01/2023 20:39

Last try as causing debate here at home!

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AlmostAJillSandwich · 04/01/2023 21:03

I'd go option B, purely as unless they let a bailiff in, they can't do anything.

Squamata · 04/01/2023 21:31

Was your claim against a company or an individual? If it's an individual you can apply to have a charge registered against a property they own, with a company it can just fold and there goes your debt.

You need to look at the costs involved in both option, bailiffs I imagine are the more expensive. Bailiffs can seize assets but I think they're not allowed to take people's means of earning a living, which is basically what building companies own - tools and van etc. If the claim is against the individual then a bailiff could seize goods like TV etc if (a big if!) they can get into a property.

If you can get an attachment to their bank account so the money is debited in instalments, that might be the best way. Are your court costs included as well?

You need to have a clear vision about how much you're spending to pursue the debt and whether you're going to get anything back at the end of the day. Find out more about the bank account option - do you have details of their bank account?

If it cost you £1000, you spent £100 or £200 or whatever on court fees, you don't want to spend another £100 or whatever it is to still not get your money back.

At the very least a CCJ will impact the builder's credit rating, so you've got your own back to some extent, even if you never see the money.

Brahumbug · 04/01/2023 22:06

If it is a company that you have the can against then you can easily escalate the case to the high court who have more powers to enforce the judgement.

SD1978 · 04/01/2023 22:28

Whichever option gets you your money the quickest. If that means a high court writ and the bailiffs, then so be it. They own you and aren't paying, they are in the wrong.

Reluctantadult · 04/01/2023 22:33

I think it costs something like £80 to take further action. And it's against a company.

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Passivhaus · 16/03/2023 23:22

So many cowboys out there who want the money and nothing to do with you when something goes wrong or they've not done something.

Tradespeople are the pits

BaronessEllarawrosaurus · 17/03/2023 07:57

Do they have actual premises or is the registered office their accountants? If the 2nd then you can rule out bailiffs

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