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I'm really hoping someone can help me I'm desperate and sick with worry.
Sorry for this being long winded but it needs some back ground...here goes
October 2013 we instructed builders on our architects recommendation to build a granny annexe for my ill Mother. They came to our house and the contract was drawn up JCT.
The build was for £92149.60 and a build time of 10 weeks. Payment scale of initial payment of 14,590.35 followed by 5 bi monthly payments of 14,590.35.
They commenced the build 11th November , but we were a bit surprised that only 1 member of the company and an unskilled labourer were all that turned up.
By 21st December and nearly 6 weeks in very little progress had been made but I was left with no roof and 3 rooms completely derelict and completely insecure bar a tin roof. The builders actually had some hand tools stolen whilst I was out one evening.
By this time I had paid 4 payments totalling just over 58000.
the builders told me they would commence work after boxing day but from 21st Dcember I never saw anyone until the tuesday after new year, apart from one carpenter who was self employed and only spent 2 hours for 3 mornings in that time because he said he was bored at home. The day they finished work the scaffolding sheet came loose and broke my next door neighbours roof tiles. We asked them to fix it before they left but never did until end of February 2014.
2 people came back after Xmas but again the work was slow until I finally had enough and really had a go at them as politely they didn't get the message. I used to make cakes and supply tea everyday and trusted them.
The following day they sent another two contractors over which was great and things progressed at a great pace....only they only stayed 4 days .
The quotation we had included a kitchen, and front and garage doors with a budget for each. Things were going so slow that by February I finally measured up and ordered a kitchen myself as My Mum had to vacate her home very shortly and this hadn't even been started. Also I ordered a disabled bath at the same time so as to move things along.
I took the budget price off the quote as we had supplied them ourselves.
Then things went horribly wrong when I walked into one ground floor room and saw huge cracks by the windows. One of the builders was quickly trying to arrange Akkros to support the upstairs. Surveyors and architects came over pronto and agreed it looked safe but inspection holes were opened up to check movement over a 2 week period. These were never checked and were still there
Next came the finishing off, and a whole list of problems occurred. Render had massive cracks in, roof leaked, 3 different height door thresholds which were all too high for my disabled mum. A budget of 1000.00 was for a new front door and they put on a 200.00 one. Garage doors were fitted with garden shed doors and warped. Telephone wire wrapped around the soffat, my alarm box broken and not replaced , drainage sump put on the wrong side of the house so the drive flooded, drainpipes not fitted correctly so the water ran down the poor render, on the plans there should have been wood panelling outside on a bedroom wall but they had just rendered it.
The list went on and on, now we had paid all of the payments a lot earlier as it was supposed to be a 10 week build and still 20 odd weeks later things still hadn't been finished. There was the final payment which included a retention for snagging left to pay.
We had numerous onsite meetings with them going through all the defects and agreed but they never came back until I had an email from one of the builders telling us to get others to finish as relations had broken down. We had a threatening phone call from one of them then a list of nasty emails and one libellous email stating that we had done this before with other builders !!! This was the first thing I'd ever undertaken and took my life savings to do.
They then took to stalking me in their van and park outside my house, then contractors who worked on the job kept hounding me for money as the builders hadn't paid them and said it was my fault as I hadn't paid the builders. 2 I paid as they were helpful during what was an awful time.
I took some legal advice and the first thing I was told was to get an independent surveyors report from a credited list of RCIS surveyors. Another expense but I had to get professional proof to take them to court.
The surveyors report picked up nearly 17k of faults that needed correcting or were not to plan which resulted in defects to the rest of the property. Considering at this point I only owed them approx 7.5k (not sure without going through my paperwork) This 17k was without the cost of some parts as they would need specialist quotes.
I went back to the solicitor but as money was tight I did a lot of research and found that the 3 builders of the company had no assets whatsoever, even the vans were lease hire. I was told that the chance of getting anything out of them was 0 and it would cost me in legal fees.
I had a meeting with the architect and we agreed that they should stop harassing me and I would have to cut my losses and forget about getting anything back from them.
My Mum sadly died and I sold the house in the end at a reduced rate as I knew some of the work still needed doing but all the major works had been corrected thankfully by friends and ourselves.
Fast forward to now where I moved away from the area by 180 miles . Whilst I had a probate solicitor dealing with my Mum's estate she informed of a letter addressed to no one in particular at the solicitors firm requesting outstanding monies from my Mums estate. I informed her this was nothing to do with my Mum as the contract was between me and the builders. the invoice was for 19k !!!!
I found out this was a no win no fee lawyer and I emailed him absolutely furious that they had involved my late Mother. This quite bolshy man demanded to see all the evidence I had or I would be dealt with in court. He gave me 7 days to produce it.
I told him that I will not show this man any proof apart from the independent surveyors report I got when I was trying to claim my money to correct the faults. He told me he won't let me produce the evidence if it did go to court anyway. I have along with the surveyors report photographs and emails to back up the failed meetings and offers of correcting things and contracts ,and if he was taking on the case then he must assume his clients have the same to back up their claims that I do owe the money.
I am sick with worry as to know how to progress, money is very tight and not sure I could afford legal advice to go to court , can someone please help. One of the builders has even followed me on social media and as i live quite remotely it has unnerved me, my husband has to work away and only gets here every 3-4 weeks . This builder has a drink problem and scared he might even come up here, this is why I won't give this solicitor my address we only communicate via email.
Sorry for this being long winded but it needs some back ground...here goes
October 2013 we instructed builders on our architects recommendation to build a granny annexe for my ill Mother. They came to our house and the contract was drawn up JCT.
The build was for £92149.60 and a build time of 10 weeks. Payment scale of initial payment of 14,590.35 followed by 5 bi monthly payments of 14,590.35.
They commenced the build 11th November , but we were a bit surprised that only 1 member of the company and an unskilled labourer were all that turned up.
By 21st December and nearly 6 weeks in very little progress had been made but I was left with no roof and 3 rooms completely derelict and completely insecure bar a tin roof. The builders actually had some hand tools stolen whilst I was out one evening.
By this time I had paid 4 payments totalling just over 58000.
the builders told me they would commence work after boxing day but from 21st Dcember I never saw anyone until the tuesday after new year, apart from one carpenter who was self employed and only spent 2 hours for 3 mornings in that time because he said he was bored at home. The day they finished work the scaffolding sheet came loose and broke my next door neighbours roof tiles. We asked them to fix it before they left but never did until end of February 2014.
2 people came back after Xmas but again the work was slow until I finally had enough and really had a go at them as politely they didn't get the message. I used to make cakes and supply tea everyday and trusted them.
The following day they sent another two contractors over which was great and things progressed at a great pace....only they only stayed 4 days .
The quotation we had included a kitchen, and front and garage doors with a budget for each. Things were going so slow that by February I finally measured up and ordered a kitchen myself as My Mum had to vacate her home very shortly and this hadn't even been started. Also I ordered a disabled bath at the same time so as to move things along.
I took the budget price off the quote as we had supplied them ourselves.
Then things went horribly wrong when I walked into one ground floor room and saw huge cracks by the windows. One of the builders was quickly trying to arrange Akkros to support the upstairs. Surveyors and architects came over pronto and agreed it looked safe but inspection holes were opened up to check movement over a 2 week period. These were never checked and were still there
Next came the finishing off, and a whole list of problems occurred. Render had massive cracks in, roof leaked, 3 different height door thresholds which were all too high for my disabled mum. A budget of 1000.00 was for a new front door and they put on a 200.00 one. Garage doors were fitted with garden shed doors and warped. Telephone wire wrapped around the soffat, my alarm box broken and not replaced , drainage sump put on the wrong side of the house so the drive flooded, drainpipes not fitted correctly so the water ran down the poor render, on the plans there should have been wood panelling outside on a bedroom wall but they had just rendered it.
The list went on and on, now we had paid all of the payments a lot earlier as it was supposed to be a 10 week build and still 20 odd weeks later things still hadn't been finished. There was the final payment which included a retention for snagging left to pay.
We had numerous onsite meetings with them going through all the defects and agreed but they never came back until I had an email from one of the builders telling us to get others to finish as relations had broken down. We had a threatening phone call from one of them then a list of nasty emails and one libellous email stating that we had done this before with other builders !!! This was the first thing I'd ever undertaken and took my life savings to do.
They then took to stalking me in their van and park outside my house, then contractors who worked on the job kept hounding me for money as the builders hadn't paid them and said it was my fault as I hadn't paid the builders. 2 I paid as they were helpful during what was an awful time.
I took some legal advice and the first thing I was told was to get an independent surveyors report from a credited list of RCIS surveyors. Another expense but I had to get professional proof to take them to court.
The surveyors report picked up nearly 17k of faults that needed correcting or were not to plan which resulted in defects to the rest of the property. Considering at this point I only owed them approx 7.5k (not sure without going through my paperwork) This 17k was without the cost of some parts as they would need specialist quotes.
I went back to the solicitor but as money was tight I did a lot of research and found that the 3 builders of the company had no assets whatsoever, even the vans were lease hire. I was told that the chance of getting anything out of them was 0 and it would cost me in legal fees.
I had a meeting with the architect and we agreed that they should stop harassing me and I would have to cut my losses and forget about getting anything back from them.
My Mum sadly died and I sold the house in the end at a reduced rate as I knew some of the work still needed doing but all the major works had been corrected thankfully by friends and ourselves.
Fast forward to now where I moved away from the area by 180 miles . Whilst I had a probate solicitor dealing with my Mum's estate she informed of a letter addressed to no one in particular at the solicitors firm requesting outstanding monies from my Mums estate. I informed her this was nothing to do with my Mum as the contract was between me and the builders. the invoice was for 19k !!!!
I found out this was a no win no fee lawyer and I emailed him absolutely furious that they had involved my late Mother. This quite bolshy man demanded to see all the evidence I had or I would be dealt with in court. He gave me 7 days to produce it.
I told him that I will not show this man any proof apart from the independent surveyors report I got when I was trying to claim my money to correct the faults. He told me he won't let me produce the evidence if it did go to court anyway. I have along with the surveyors report photographs and emails to back up the failed meetings and offers of correcting things and contracts ,and if he was taking on the case then he must assume his clients have the same to back up their claims that I do owe the money.
I am sick with worry as to know how to progress, money is very tight and not sure I could afford legal advice to go to court , can someone please help. One of the builders has even followed me on social media and as i live quite remotely it has unnerved me, my husband has to work away and only gets here every 3-4 weeks . This builder has a drink problem and scared he might even come up here, this is why I won't give this solicitor my address we only communicate via email.
xx
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