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Most effective way to get money back from Cowboy Builder?

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  • Most effective way to get money back from Cowboy Builder?

    Hi,

    I have been scammed by a fraudulent trader.

    I found a builder through mybuilder, I got references and check insurance documents. I agreed the work to be done and signed a contract with a the company starting in Jan 2018.
    The work was :

    1. Move side entrance to the front of the house
    2. Build 3m extension
    3. Build a garden room
    4. Convert garage into a playroom and lobby
    5. Convert downstairs WC into a shower room.

    I had planning and building regulations and plans were drawn by architect. The contract was £35000.

    The contract had staged payments. The builder insisted on a £2000 upfront.
    He started the work and initially work seemed to progress.
    Then he started to ask for money in between stage completion.
    He asked repeatedly and kept badgering me so I paid.
    As work seemed to be progressing I was not too worried initially.

    As soon each of the early stages was near completion he would ask for the money.
    This progressed on to asking for advances to the next stages.
    he would show me work that was near completion - when actually it was not. eg wiring just stuffed into junction box - not actually wired in.
    In the end he took most of the money & did not complete the work.

    The work that was completed turned out to be substandard and has been condemned by building regulations.
    Most of the work has had to be redone at great expense.


    For some of the builder insisted that payment was required immediately to buy materials.
    He took the money but then no materials were purchased at all.
    For example he insisted that I needed new radiators in the the house.
    He insisted that I pay £600 for new ones and threw the old radiators from my house in a skip.
    He did not replace the radiators with the new ones I had paid for.
    I have an independent survey report to confirm all of this.

    He just left and did not return at all.

    My house was left in a dangerous and uninhabitable condition with no electric, wires just pushed into junction box,
    no bathroom, no kitchen, no extension roof, incomplete walls.

    I have lots of evidence available. Contract, texts, payment records, emails etc.


    I tried calling and meeting to no avail during May, June and July of 2018.
    I sent a letter of pre-action for breach of contract and then wrongful and fraudulent trading.
    It turns out that he has 2 more recent CCJ which are unsatisfied.
    The pre-action letters gave him 14 days to respond.

    He requested several meetings but then did not turn up.

    He is sole director of the company and is therefore responsible in making all the decisions and taking actions.

    As as ordinary householder I have paid out my life saving only to be scammed by this conman. - he left the house in an uninhabitable and dangerous condition.
    I have had to pay out a lot of money to get the work done properly and make the house livable.
    I need help on this and this person is still doing this to other people.


    My losses continue - while the house is being completed by another builder.
    In the meantime I also have council tax to pay on two properties - as in this county empty properties attract full council tax.

    The builder does jointly own a house, but his company is showing no assets.

    My home insurer declined to take the case forward stating that the likely hood of success is high but that the prospect of recovery is low.
    Personally I feel wiped mentally and financially out by the stress this has all caused.
    I want to get as much money back as possible and draw a line under the matter.

    I could take court action but faced with the choice of spending thousands on court action - I am worried it might not get be anywhere especially with someone shameless.

    1. Other people have suggested selling the debt - not sure is this is possible
    2. Statutory demand - not sure if this will help
    3. Represent myself in court?

    Any other suggestions or pointers on the most effective way to get my money back would be appreciated.

    Thank-you


    Tags: None

  • #2
    Originally posted by Maxi2019 View Post
    Hi,

    I have been scammed by a fraudulent trader.

    I found a builder through mybuilder, I got references and check insurance documents. I agreed the work to be done and signed a contract with a the company starting in Jan 2018.
    The work was :

    1. Move side entrance to the front of the house
    2. Build 3m extension
    3. Build a garden room
    4. Convert garage into a playroom and lobby
    5. Convert downstairs WC into a shower room.

    I had planning and building regulations and plans were drawn by architect. The contract was £35000.

    The contract had staged payments. The builder insisted on a £2000 upfront.
    He started the work and initially work seemed to progress.
    Then he started to ask for money in between stage completion.
    He asked repeatedly and kept badgering me so I paid.
    As work seemed to be progressing I was not too worried initially.

    As soon each of the early stages was near completion he would ask for the money.
    This progressed on to asking for advances to the next stages.
    he would show me work that was near completion - when actually it was not. eg wiring just stuffed into junction box - not actually wired in.
    In the end he took most of the money & did not complete the work.

    The work that was completed turned out to be substandard and has been condemned by building regulations.
    Most of the work has had to be redone at great expense.


    For some of the builder insisted that payment was required immediately to buy materials.
    He took the money but then no materials were purchased at all.
    For example he insisted that I needed new radiators in the the house.
    He insisted that I pay £600 for new ones and threw the old radiators from my house in a skip.
    He did not replace the radiators with the new ones I had paid for.
    I have an independent survey report to confirm all of this.

    He just left and did not return at all.

    My house was left in a dangerous and uninhabitable condition with no electric, wires just pushed into junction box,
    no bathroom, no kitchen, no extension roof, incomplete walls.

    I have lots of evidence available. Contract, texts, payment records, emails etc.


    I tried calling and meeting to no avail during May, June and July of 2018.
    I sent a letter of pre-action for breach of contract and then wrongful and fraudulent trading.
    It turns out that he has 2 more recent CCJ which are unsatisfied.
    The pre-action letters gave him 14 days to respond.

    He requested several meetings but then did not turn up.

    He is sole director of the company and is therefore responsible in making all the decisions and taking actions.

    As as ordinary householder I have paid out my life saving only to be scammed by this conman. - he left the house in an uninhabitable and dangerous condition.
    I have had to pay out a lot of money to get the work done properly and make the house livable.
    I need help on this and this person is still doing this to other people.


    My losses continue - while the house is being completed by another builder.
    In the meantime I also have council tax to pay on two properties - as in this county empty properties attract full council tax.

    The builder does jointly own a house, but his company is showing no assets.

    My home insurer declined to take the case forward stating that the likely hood of success is high but that the prospect of recovery is low.
    Personally I feel wiped mentally and financially out by the stress this has all caused.
    I want to get as much money back as possible and draw a line under the matter.

    I could take court action but faced with the choice of spending thousands on court action - I am worried it might not get be anywhere especially with someone shameless.

    1. Other people have suggested selling the debt - not sure is this is possible
    2. Statutory demand - not sure if this will help
    3. Represent myself in court?

    Any other suggestions or pointers on the most effective way to get my money back would be appreciated.

    Thank-you

    Hi there

    What a horrible situation youre living with here.

    Ok first forget a stat demand, dangerous option and one that could back fire badly, especially if he says he disputes the debt, you could end up having to pay his legal costs for setting aside the demand leaving you deeper in the whole.

    Now if the company is a limited company then you may have some difficulties, i can see why the insurers would look at refusing cover if the case has little prospects of recovery.

    Does this guy have any insurance at all, public liability insurance for example? if so you may be able to pursue him.

    The problem is if you sue him in court and lose you lose the money and you also would have tp pay his legal costs too, especially if he appointed a lawyer to represent him, its a problem for sure. You will also need an experts report on the works carried ut as the Court iwll need some guidance on what was done wrong and the costs of putting it right, you will need to get a report done asap ideally as if the works are put right, then it may make it harder for the expert to come to a conclusion.
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      What do Mybuilder have to say has he done this to anyone else as far as they know?

      Comment


      • #4
        Hi Thanks for the comments PT2537. The builder did have public liability insurance.
        Wales01man, I complained to mybuilder fairly early on and they de-activated his profile and told me that they only advertise they are not responsible.

        I have been to citizens advice and they sent me round the letter before action loop.
        I have reported him to trading standards and they took note - but did little else.

        I guess i need to find out if he has an appointed legal representative.
        Another person suggested mediation - which I would be open to but again that has a cost and he has been fairly non compliant so far so I am not sure how this would be more effective.

        Comment


        • #5
          Hi PT2537 You said "Does this guy have any insurance at all, public liability insurance for example? if so you may be able to pursue him.".... I would appreciate any pointers around this.

          Thanks in advance

          Comment


          • #6
            Originally posted by Maxi2019 View Post
            Hi PT2537 You said "Does this guy have any insurance at all, public liability insurance for example? if so you may be able to pursue him.".... I would appreciate any pointers around this.

            Thanks in advance
            Some limited companies will have insurance to cover cases where they cause say injury or loss , i flagged it up as a line of enquiry worth looking at at least, have you asked the builder if he has insurance ?
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment


            • #7
              Hi PT2537 Yes the builder did send me the insurance certificate early on. I did call the insurer saying that i wanted to make a claim but they did not entertain the conversation saying that they could not discuss any details of the policy with me. So a bit of a dead end. Maybe I need to say something different.

              Comment


              • #8
                Not my legal area but it may be worth claiming for the most provable bits as a small claim ( I think the limit is 10k) then you do not risk costs and better to have 9.999k than nothing...Alternatively dispute your insurer's reluctance to proceed. You may be able to name the builder personally as well as the company in any claim.

                Comment


                • #9
                  HI Maxi 2019. My sister's builder did exactly the same thing. He was appointed to do an extension and seems to have managed only mass demolition for just under 100K. He destroyed a perfectly fine 3 bed semi and made it uninhabitable & unmortgageable. So instead of an extension, it ended up missing kitchen, bathroom, plaster, heating system, electrics, plumbing, some windows and external doors. And he replaced a roof that did not need replacing. I had to sell it by action. So lost 50% of it's value and it incurred a debt of 100K. That builder lives up on the newcastle area and is called David...... I wonder if it was the same guy? Also recommended on checkatrade and the Federation of Master Builders.

                  I am wondering about trying to recoup 10K of the costs he has taken for this. I may lose court fees. And I suppose he could make me pay his lawyers costs? But if I won and he didn't pay he would at least get a CCJ on his profile. Any thoughts?

                  Comment


                  • #10
                    Originally posted by Snap View Post
                    HI Maxi 2019. My sister's builder did exactly the same thing. He was appointed to do an extension and seems to have managed only mass demolition for just under 100K. He destroyed a perfectly fine 3 bed semi and made it uninhabitable & unmortgageable. So instead of an extension, it ended up missing kitchen, bathroom, plaster, heating system, electrics, plumbing, some windows and external doors. And he replaced a roof that did not need replacing. I had to sell it by action. So lost 50% of it's value and it incurred a debt of 100K. That builder lives up on the newcastle area and is called David...... I wonder if it was the same guy? Also recommended on checkatrade and the Federation of Master Builders.

                    I am wondering about trying to recoup 10K of the costs he has taken for this. I may lose court fees. And I suppose he could make me pay his lawyers costs? But if I won and he didn't pay he would at least get a CCJ on his profile. Any thoughts?
                    Hi Snap

                    It might be an idea to start your own thread.

                    Comment

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