Application for pre-action disclosure

[zetetic]

My friend hired two builders A and B jointly known as XYZ Builders (all names are fictitious, no animals were harmed). It is important to say XYZ Builders is not a limited company or any other sort of registered company.

They took huge amount of money from him, did not build much and swiftly switched to a next client/victim, this is obviously their business model. My friend has been in contact with their six other victims and counting. It is important to say, B lives in a rented accommodation, A is a house owner.

A was clearly a senior partner and decision maker in that small business bit when my friend threatened to sue them, A said he is only an employee of B which is clearly not true. B seems to be immune from any court claims as he does not seem to have any assets in his name, his credit history has been ruined ages ago, he says he has been bankrupt and not once etc. B signed the contract and all invoices but one. That one invoice was signed by A.

How my friend can prove in court that A was not an employee but a partner of B and so equally responsible?

He asked A to provide payslips and sign a form of authority to verify them with HMRC which A of course refused. The next step is to make an application for pre-action disclosure. What form number should he fill? Are there any templates or guides on pre-action disclosure available anywhere in the Internet?

[Amethyst]

Has your friend been in contact with Trading Standards about this pair ?

When you say a huge amount of money, what are we talking ? cash ? Also what was the money paid in advance for, and how did the builders breach that contract - did he have a quotation or anything in writing ?

[zetetic]

Has your friend been in contact with Trading Standards about this pair ?

He did and his impression is they are totally useless.

When you say a huge amount of money, what are we talking ?

Around ten thousand.

Also what was the money paid in advance for, and how did the builders breach that contract - did he have a quotation or anything in writing ?

Long story for a forum but yes, builders clearly breached the contract. He did have quotations to complete the project once they left.

Can anyone please answer questions in my original post?

[wales01man]

My friend hired two builders A and B jointly known as XYZ Builders (all names are fictitious, no animals were harmed). It is important to say XYZ Builders is not a limited company or any other sort of registered company.

They took huge amount of money from him, did not build much and swiftly switched to a next client/victim, this is obviously their business model. My friend has been in contact with their six other victims and counting. It is important to say, B lives in a rented accommodation, A is a house owner.

A was clearly a senior partner and decision maker in that small business bit when my friend threatened to sue them, A said he is only an employee of B which is clearly not true. B seems to be immune from any court claims as he does not seem to have any assets in his name, his credit history has been ruined ages ago, he says he has been bankrupt and not once etc. B signed the contract and all invoices but one. That one invoice was signed by A.

How my friend can prove in court that A was not an employee but a partner of B and so equally responsible?

He asked A to provide payslips and sign a form of authority to verify them with HMRC which A of course refused. The next step is to make an application for pre-action disclosure. What form number should he fill? Are there any templates or guides on pre-action disclosure available anywhere in the Internet?

Neither of them have to give you any of their financial info a judge would have to order that


How do you expect to prove they were partners unless there is paperwork showing this

What info do you want the court to order them to disclose

Have you started court action?

[des8]

AS the contract was signed by "B" it is going to be an uphill struggle to nail "A".

You don't say how the contract was breached, but it seems that it just was not completed.
As "B" has no assets, it would seem pointless to sue for damages, so why not go for specific performance.
This should get the work completed, but if not "B" runs the risk eventually of being in contempt of court
Penalty for that is up to 6 months jail plus a fine.... might concentrate his mind.