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.