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My F**king ex-Builder. The Final Series.

49 replies

Pavlov · 28/05/2010 20:49

Not sure where you are all up to. So quick summary (for those who have no idea. Just think...worst nightmare with a loft conversion and there you have it.

Ex-builder was fired, he started small claims process for a made up sum, we counter-claimed for the same amount. We have been to court for a preliminary hearing, where the judge ordered that we get a joint structural report at shared cost, which we agreed to do.

Three days later, the builder puts in an application to strike his business off. BUT, did not/does not know that I have been tracking his business at Companies House and they have notified me of this! They also notified me that someone (they keep it anonymous) has disputed this so he has had his application suspended. Another creditor I should think.

So, we wrote to the Court, asking where this leaves us, as if his business is struck off, it means he is not able to trade for 3 months, and surely paying a structural engineer (we are suing his business) would be 'activity' and could we all meet so the judge can direct us on the legal position here. I enclosed copies of the applications he sent to companies house! At this stage the builder did not know, and still does not know we have this information.

We arrived at court today, ready to explain ourselves, as to why we have not got the structural report done and why we have called the meeting. My DH was going to wait outside in the waiting room as we had no babysitter for our bear cub. We were called in, and said we could bring in baby as he wanted to see us both.

Mr Bodge the builder did not turn up! Oh Dear. Oh Dear. Oh Dear. His Honour was not impressed. He read a letter from Mr Bodge saying his company had ceased trading and he had no assets. I corrected him, and said that he had requested to cease his company, but it was still active until next month and the request had been suspended. The judge nodded, saying yes, that is correct!

He said 'so, Mr Bodge has, as far as I can see, clearly indicated by his absence and his letter that he no longer intends to pursue his case against you', would you come to that conclusion?' 'yes you honour, it appears so' .

The upshot is, Judge had thrown his claim against us out, and is going for a full and final hearing in the next month to hear our case against him. He has said he does not feel it is now appropriate for us to pay for a structural engineer (heavily hinting we won't need one) as if Mr Bodge is indeed broke we will get nothing back. He asked us if we realised we might not get any money from him even if he awards us a Judgment, we said we would see about that, but while we had the judgment we could deter him from doing it to someone else.

Judge told us this - Worst case scenario - Mr Bodge shows up and convinces him with evidence of his that he does not owe us money, and no judgment is ordered (but, even if he turns up at the final hearing, he can no longer claim against us) Best case scenario - we will be awarded a judgment for some of the amount.

We have nailed the bastard. We have bloody well got the shit up against the wall, and the media may just find out and wish to be there for the shooting.

OP posts:
geordieminx · 28/05/2010 20:58

Fab news!!!

oooggs · 28/05/2010 21:59

pav thats great news beer coffee round yours soon then? so we can see the infamous loft

HerHonesty · 28/05/2010 22:11

good for you! thats gumption if ever is saw it.

NoseyNooNoo · 28/05/2010 22:52

Good for you. I'm so pleased you are getting somewhere with this - he really didn't realise what he was getting in to with you did he?

Pavlov · 28/05/2010 23:18

ooggs I am still not happy with it, its not really ideal but its legal and a bedroom. Beer up there sounds good, I have not done that yet! (... I wanted to talk to you about schools....does your eldest go to D, in P or another one? My DD is going there in sept...

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Pavlov · 28/05/2010 23:27

nosey thing is, even if we 'win' he has stil taken our savings. We won't get that back. He is stupid. Really he is. But so are we, we did it all so so wrong. Mostly we put our trust in another human in a professional capacity, and we have learnt so so much from this. It has also shown DH and I how we can work as a team. We are so different in our approaches he and I, but they work together, they fill in each others gaps. when we win, we will see how can we ensure he will lose what he got from us? How can we make sure he thinks twice about this again, how can we expose him? once we have won, we can do that. We will not get our money back. But he will find it hard to work in this community again.

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Pavlov · 28/05/2010 23:28

ooggs scrap that question. I wanted fourarms for that

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Pavlov · 29/05/2010 10:36

bumping for anyone else who wants to know!!

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LIZS · 29/05/2010 10:44

A partial victory at worst, I hope

Pavlov · 29/05/2010 11:01

LIZS yes, basically, a partial victory is what we are looking at, if not a complete victory. But, given that if he turns up at the final hearing, which the judge was not entirely convinced he will, he will have to firstly explain why he missed this last hearing. And then he will need to convince the judge that he does not owe us any money, he will have to argue all OUR points, which are backed up with photos, invoices, and once I speak to Building Control, reports from them, and I know he cannot do that.

Building control have told us already that any reports they produce would absolutely prove our case, as not only are they not positive throughout the build, the day they came to visit just before we fired the builder, demonstrates how the property was not only badly done, but dangerous. Judge said he would direct building control to produce documents, as long as building control do not produce a fee for it. He said they do this sometimes, and he said for us to ask building control if they will charge for this. If they do not charge, we can write to him at court and ask for him to direct it, and he will then do this, before the next hearing. He said the more we can get to support our argument the better, but not to our financial detriment, he can decide without it if necessary.

I am not sure if I want him to turn up or not. If he turns up, i get to see him squirm under pressure, and explain himself to the judge, on the other hand, if he does not turn up, we automatically win.

I have no idea why he thought he did not need to turn up - i think he really thinks all he had to do to shut his business was put in his application.

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jeanjeannie · 29/05/2010 12:50

OMG - that's brilliant - well done you!!!!!

OK - so he may have no money - which obviously means you won't get you any financial compensation BUT - nailing him like this is just excellent and if you get any media involved then it really will stop his party...in your area at least.

Do let us know if he turns up or not.

Pavlov · 29/05/2010 15:49

jeanjeanie i have a few other things up my sleeve too. There is a business fraud investigation type team (can't remember the name) which looks at things like trading when not allowed, trading under false pretences etc. It will look at whether he is setting up then closing down businesses in order to get materials/jobs/money then walk away without paying what is owed. They said, while there might not be much evidence now, (or there might be) they would record it at the very least, and if any other info comes to light, from VAT man, from IR, companies house, other people over the years, it will build a picture. For example if he does close his business in the end stating no assets and this is proved to be false, they would look into this.

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fanjolina · 29/05/2010 20:53

Fantastic news Pavlov!!

Mumsnut · 30/05/2010 11:30

Can I ask whereabouts you live, Pavlov?

Pavlov · 30/05/2010 20:10

oh, depends...do you think you could be my builder? [unlikely] or know him?

Oh well, you can find out easily enough anyway...Plymouth area of Devon.

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Mumsnut · 31/05/2010 09:13

Only that a friend of mine has had similar problems with a loft conversion, but she's in surrey.

SoupDragon · 31/05/2010 09:18

Well done!

LadyintheRadiator · 31/05/2010 09:24

This reply has been deleted

Message withdrawn at poster's request.

Pavlov · 31/05/2010 09:54

lady the hell that was our loft conversion started one year ago tomorrow. That was the day he came in and started to mess our home up. Judge promised it would be wrapped up in a month.

And THEN I will name and shame him.

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Pavlov · 31/05/2010 09:55

mumsnut sorry for my caution. I should realise he is not bright enough to use the computer!

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LadyintheRadiator · 31/05/2010 10:04

This reply has been deleted

Message withdrawn at poster's request.

Pavlov · 31/05/2010 12:58

oh no, i saw the thread about the assault, but did not see it after the case ended, last time i heard she was waiting for sentence - he pleaded guilty...did he find the thread?

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Lauriefairycake · 31/05/2010 13:00

That's fantastic news and good luck next month.

CarGirl · 31/05/2010 13:01

glad you have pursued him and have got somewhere. Hope you are enjoying your new baby and older dd.

ampere · 31/05/2010 13:09

Pavlov- good news as far as it goes, hey?!

I don't know the ins and outs of your story, so sorry if I'm raking over coals here: But would you be prepared to share what you 'learned' during this hellish experience that might help me not make the same errors? IF indeed you DID make any errors!

I think we've been damn lucky with our stuff here so far. Had a recommended handy man coming the next day when I casually realised we only knew his first name! No address, no nothing else- so let ALONE indemnity insurance! Turns out he was legit and did a good job but I pointed out to DH wouldn't we have looked stupid in court had he NOT!

I'm used to the Oz system where builders come armed with a license and a timed contract- and proof of completion insurance in the event of disaster!

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