Small Claims Court - Rougue Builder / Drive Guy

[atticus]

What does his business website say about who operates the business - what name is given? Does it mention a limited company?

[kiteboy]

Its just a standard type website really - doesnt say any names who operates it as far as I can see just his contact number (the one I have been using for correspondence) email address and the contact us page is a submit a form type if you know what I mean. Theres his facebook link on there and that also still links to photos of good parts of the job hes done for us (cheeky git Comanies house he is named as the Director.....but I have noticed this

Accounts for a dormant company made up to 31 July 2022 - no idea what that means so perhaps I should claim against the person and not the company???? Not sure really Actually just checked the assets they claim to have and its filed as just £100 - what a nightmare this is

[atticus]

From what you say, you may* be ok suing the individual.

*may is not a guarantee!

[kiteboy]

Hi all - well Ive waited and waited until now - he texted me before Christmas out of the blue to say he was comming to do the drive - the weather then changed and he didnt come of course. I found it odd though as why would he txt totally out of the blue if he wasnt going to come you know??

So Ive given him the benefit of the doubt and plenty of time and last week when the weather was great I asked what the plan was and its gone quiet again so Ive had enough now - we are still on rubble outside (a month earlier he said he was waiting for the weather to change and they would be back)

So this week im starting my claim. I have a feeling hes been moving funds or something just to say he cant pay or something like that if I do win you know.

Im scared Im gonna lose but we have definately been wronged. I think the angle he will try and go for is that Ive changed the job by taking a bit of wall down (which I have reinstated) and hes since agreed after the wall was put back up to come and sort the drive out but either way I think that he will use that as a get out clause. But Im still not put off by this. He has ripped my family off, lied for over a year and just left us. Its just wrong and they shouldnt be allowed to get away with it

My question really is the claim process. Im hoping to call citizens advice tommorrow as well but on the forms to the court do you explain the saga step by step with dates/ times etc.

Now not sure on this next angle.....ive purhcased a domain to highlight my experiences of this builder. I havent had the time to build and publish anything yet but I was possibly just going to state the facts on there too - not slag anyone off at all but to just highlight what hes done and let people make their own mind up??? Is that a bad idea legally guys?? Thats how strong I feel about this. He shouldnt be allowed to rob us of £7K scott free thats for sure

Im also not asking for anything more than we paid him....I dont care about interest I just want all of our money back despite what hes put us through....Even if I win I doubt we will see that money again though

[JK2054]

Hi,

Lodging a small claim is fairly straightforward. Have you sent a Letter Of Claim yet?

[kiteboy]

No all I have done is two letter before actions which were sent last year and then we have been back and forth between each other via txt - waiting on weather on the assumption hes comming back to do the job like he said he would etc. Ive been made a fool of I know - he was never intending to come back......I was just going to start the small claims action now as Ive wasted enough time

I also downloaded that PDF in atticus profile above which Im going to take a read of too

[JK2054]

Letter Of Claim and letter before action are the same.
I'd suggest sending a new letter of claim and moving from there.

[kiteboy]

Argh OK - its typical and I predicted last week this would happen to my parents - hes replied today saying hes been ill all week, His boys are off on holiday for the next fortnight so that means theres another 2 weeks delay essentially for us. I dont believe a word of it but he ends it by saying once they come back he will be straight up to me to get us finished.....so do I wait (which again depends on the weather then - too hot probably or some other excuse) or just get the ball rolling again - Im stuck - I have a feeling he will keep doing this and will blame me for calling the job off or going to the courts you know

[JK2054]

It is up to you, and you will need to make that call

However you need to look at the timeframe. It seems you have been dragged on for a while, so you must consider when enough is enough.

Addtionally as this letter requires 14 days of notice before you can issue proceedings (if he is a registered business) or 30 if he is an individual, then if he was to fix it within the two week period then you wouldn't actually incurr any further costs aside from sending your letter of claim, which would be the cost of sending a stamp

[kiteboy]

Thanks - yeh Ive been kept hanging on again on promises he will come the weather is good and then there is excuse after excuse and now no response.so yeh enough is enough now - as I said before I paid the individual into his personal bank account so Im not sure who to take to court the business or the individual. I had a look at companies house a while back and it didnt look like there was any money in the buisness. So I assume I take action against the individual so will send another letter giving him 30 days and then start the proceedings properly - Im determined to take to court - its just wrong.

When it comes to submitting the claim do I go through the whole saga. Like the way he lied to me about an additive being added to the concrete and him taking the concrete company to court. I have proof from the concrete company that was all a pack of lies you see. Should I keep that back for court proceedings

[Pezza54]

Please read CRA section 49 and guidance notes regarding a service provider's legal duty to provide reasonable care and skill
Also S52 the service to be provided in a reasonable time
Your PoC should be in concise consecutively numbered paragraphs referring to clauses in S49 and S52 that the contractor breached. State briefly how the contractor breached those clauses.
S54 covers the remedies available to the consumer. You need to select which remedy you want and state this in your claim

Save the lengthy detail of what happened, what was written and said etc for your witness statement which will be required nearer the hearing date

[kiteboy]

This saga is still going on - sent a letter before action around the 10th June giving him 30 days to complete the work (not just start the work) - needless to say that hasnt happened and he hasnt responded formally to the letter either. However about 2 days before the 30day limit he did actually turn up at the house totally unannounced.....had a hell of a shock when I opened the door and then he spent two days breaking up concrete and also putting down new stone and whacker plateing that in.......but no surprise I cant get hold of him now at all. So Im of the mind just start the court case now as we are left in limbo again. He was tidy when he was here but do you think hes doing something crafty as has it reset the clock when he turned up 2 days before the limit or something??? I dont know??? I wish he hadnt come in some ways as we had the new block picked out and ready to buy so i dont know what the hell is going on....while he was hear I also did a check on teh van number plate and he has no tax or MOT for about 5 years on the van - so im also think he maybe a traveller ......i dont know.....I dont get that vibe off him at all but you never can tell

[atticus]

The reason that the saga is still going in is mainly in your hands. A year on and you have only just sent a letter before action and have not followed up on it.

[JK2054]

Time to click your claim form particulars off.

[Pezza54]

If the builder hasn't paid road tax, mot (and therefore invalid insurance-which he probably hasn't taken out) for 5 years, then he doesn't sound the sort to worry about a court claim. IMO you are unlikely to see any of your money back