Cowboy builders taking me to court with a no win no fee lawyer after 16 months. HELP

[bb41]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

Just one other quick question if I may, I know you are busy.

I've checked the electoral register where I moved to and I can't find me on there. I'm scared that if this solicitor does find my address he will forward it onto the builders.

I am in a rural location and I wouldn't put it pass them to pay a visit
Thanks in advance

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Just one other quick question if I may, I know you are busy.

I've checked the electoral register where I moved to and I can't find me on there. I'm scared that if this solicitor does find my address he will forward it onto the builders.

I am in a rural location and I wouldn't put it pass them to pay a visit
Thanks in advance

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sorry double post !!!

[wales01man]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

If the Solicitor has your address and is acting for them there is no reason for him not giving your address after all they would receive copies of everything sent to you.

If they turn up just dial 999 not much you can do sorry to say.

I think the solicitor might not go to court if he thinks you have a good defence

[bb41]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

I hope so wales01man, the stress is dreadful, I feel like I'm being stalked

[des8]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

There is virtually no way to keep your address secret if someone really wants to find you.
There are lots of private tracing agencies.

As Wales advised,if you have unwanted visitors, tell them to leave and then call the police as you feel threatened and you believe there will be a breach of the peace.

I haven't read back through this thread, but I think you said outstanding works would cost c£20,000, and so you did not pay the £7500 outstanding to the builder,
The builder is now threatening court action for £19000,
Did the solicitors communicate with you by email?
If so you could respond by stating you will vigorously defend any claim that is made, and will lodge a counter claim.
Just to warn them you are not a pushover and it could cost their clients (even if they don't have money they may not want a CCJ)

[bb41]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

This is what I have received just now :
We have received your two emails dated 5th June 2015 and note the contents.
Dealing with your first email, we note you advised that you would prefer to show documentation to the Court. In this regard you need to urgently seek independent legal advice. As previously advised there is a construction protocol, which requires full disclosure of documentation before issue of proceedings. We consider that you are being deliberately evasive in this regard. Kindly provide full disclosure within fourteen days, failing which an application will be made to the Court, the costs of which you will bear.
Dealing with your second email. Whilst we appreciate you are now trying to disclose documentation, you are now cherry picking the documentation that you provide. We have asked you for a full and complete copy of the alleged JCT Contract signed by both parties. You have only provided us with part of the Contract. Kindly provide the complete Contract. You also state that you have provided the remedial works budget costings. This was not attached. Kindly provide by return.
Again you have ignored our request for details and disclosure of the costs that you allege you incurred, for remedial works to be undertaken. You have ignored our request for disclosure of documents relating to the house sale, and consequently you are putting our client in a very difficult position. Again we would urge you to seek independent legal advice in this matter.
Kindly deal with the above, failing which we will put the matter before the Court. We look forward to hearing

[bb41]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

I have now replied telling them they are getting nothing out of me and if I receive any court papers I am going to counter sue.

I feel vaguely triumphant :-)

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Well I did !! I'm shaking now :-(

[Amethyst]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

Hi, Don't be shaking, you are standing up for yourself ( though I hope you were polite in the sod off or sue me email )

Now there ARE actually pre-action protocols for construction claims and they do require disclosure pre action. https://www.justice.gov.uk/courts/pr...tocol/prot_ced

do you have their previous letters/emails as they might help get a better idea of their behaviour to date ( since the claim on your mother's estate)

We have asked you for a full and complete copy of the alleged JCT Contract signed by both parties.

What have you sent them and are there any reasons for not having sent them the full contract ? Do you have a copy ?

You also state that you have provided the remedial works budget costings. This was not attached. Kindly provide by return.

Do you have that and did you just forget to attach it ?

It may assist people helping you to post a redacted copy of the contract here.

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.

You are prepared and they are just trying it on with your mums estate so there is nothing to lose by co-operating with them in my opinion.

Also you sold the house for less than its value because of the work... the loss there could be included in your counterclaim.

[des8]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

Ok, well done.

1) do you have household insurance? If so, does it include "legal Expenses "? If so have you made a claim?
Although I'm not a great fan of such policies, they can be of help, and might provide you with a solicitor.
2)Regarding disclosure of documents, basically the solicitors are correct in that documents which have been mentioned should be made available for inspection.
The hope is that by disclosing such documents court action can be avoided. In any event you can't generally refuse to allow inspection, or fail to disclose, a document on which you later rely on in court. You can't ambush the other side!

If you have the insurance cover mentioned, advise the solicitors that in respect of their last letters you are now taking legal advice and will respond in due course

Crossed with Ame (slow typing speeds and dogs needed a walk!)

[Amethyst]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

Crossed with Ame (slow typing speeds and dogs needed a walk!)

lol, at least we agree Good call on the legal expenses cover, if the OP does have it it would prove invaluable now - a good solicitor could really help with this and in getting a counterclaim in for recompense for the losses caused.

[bb41]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

Thanks for the replies
I did show the contract and in a previous email disclosed the surveyors report. The survey was from a court appointed RICS. I showed them pictures of some of the damage caused but not all. My reason for this is as it's a no win no fee solicitor then I wanted him to have courage of his convictions and if he is going to court then I hoped his clients had proof to back up their claim.

I was polite but forceful.

regarding policy cover I'm not sure as it's not on my house where i live at. I can get advice from our family solicitors but wanted to do as much as possible without the expense

[des8]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

. The survey was from a court appointed RICS.
Has this matter already been through the courts?

regarding policy cover I'm not sure as it's not on my house where i live at.

Could you clarify this statement please? Are you saying you do not have legal expenses cover?, or that the building problems don't involve your current home?, or what?

[bb41]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

Last night I emailed our family solicitor and I've decided to counter sue , it's going to cost but I have to do this once and for all

[wales01man]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

We all wish you the very best I say that's the right decision you should not be worrying about these builders knocking on your door and a solicitor chasing you for nothing more than gaining a fat fee for himself

[des8]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

Good for you!

If the amount is less than£10,001, the case will probably be allocated to the small claims track, and you will not be able to claim your costs when you win.
If it is over £10000 your costs should be recoverable.

Check your Household insurance as that may well cover your solicitor's costs, or ask your solicitor about a CFA (no win no fee).
Good luck.

[Amethyst]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

Last night I emailed our family solicitor and I've decided to counter sue , it's going to cost but I have to do this once and for all

Please let us know how you get on. I do think you need formal help with this primarily because of the amount of stress you went through from the very start of this build. I also think it will be over £10k, the remedial work you had to do, the amount of money you paid out to the builders, the stress, the remedial works, and the selling of the house undervalue because of the builders cock ups.

You only withheld £7500 of a £58k bill for the work. They have the cheek to try get £19k off your mums estate and then start threatening you.

Okay you have to keep objective, but I don't think rolling over is an option.

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.