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Taking somone to Court

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  • Taking somone to Court

    Hopefully someone can help me?

    We are at the stage of thinking seriously about taking a builder to court. To cut a long story short, we carried out a job five months ago and are still waiting for payment. The excuse being given by the builder is that the customer has not paid up. We know that this is untrue and have a letter in writing from the owner of the property we carried out work to, stating that they have paid for the whole job, they are happy with what we did and confirming the date. (I will refer to the builder as AAAA Home Improvements)

    We have been writing to the address on the contract to discover that the person who has signed the contract does not live there. We will call him Mr A. The person at the property (Mr B) says it's nothing to do with him and that we should keep calling Mr A. All we have for Mr A is a mobile number.

    Our contract has Mr A, AAAA Home Improvements, at Mr B's address. we have no other contact details for Mr A.

    After carrying out some research, the Federation of Master Builders and Trustmark have the proprietors as Mr A & Mr B Trading as AAAA Home Improvements as do a supplier that we have in common. The website for AAAA has Mr B as the contact, his landline number and confirms that the "company" is run by two people. Mr A & Mr B. There is no business address on the website. Mr B has a property that has no mortgage on it.

    So, can I take both Mr A & Mr B to court? Mr B denies all knowledge of the contract that Mr A has signed.

    Mr B has taken receipt of numerous chasing letters and also signed for a letter stating that unless we receive payment by a certain date, we will take them to court. This last letter was sent recorded delivery and signed for by Mr B.

  • #2
    Re: Taking somone to Court

    Letter before claim to both of them outlining the payment required and by when, just to show you are serious. Then small claim against them jointly if no response. Keep any documents showing that they are trading together as the builder. Mr B would not be happy about a claim against him that could put his property at risk.

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