Small Claims Court - Rougue Builder / Drive Guy

[JK2054]

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

Not true, he can get money back in other ways. He wil have the bank details he paid to, the vehicle reg etc, and HCEO will likely be involved so he has a good chance of getting money back

[Pezza54]

In post 2 a year ago, Des8 asked OP if he knew the trader's home address and if he did, to find out whether he owned it (by searching the Land Registry)
OP didn't answer the question at the time, and in OP's latest post yesterday he says he thinks the trader may be a traveller. So the answer to Des8's question is probably no.
Bank accounts can be emptied, transferred, closed. OP suspects the trader may have done this to avoid repaying any money

[Pezza54]

Regarding the trader's home address
OP has stated he found the trader's company on Companies House Register
Since April 2018 directors have been permitted to remove their private address from the public register, but had to apply to do so
There is a possibility that the trader's private address is still on the register under "People"

[JK2054]

Pezza in the nicest possible way you are just creating hindrances to the OP. He's lost a lot of money and for the sake of £78 you really should stop trying to put OP off from attempting to recover it.

[Pezza54]

People visit this site for legal advice. Sometimes the advice given isn't what the OP wants. At present I am not aware OP has the trader's home address.
How did you arrive at £78?

[JK2054]

£78 is the HCOE fee.

Also people do not visit this site for legal advice, because you cannot give legal advice.

[Pezza54]

What does HCOE stand for?

[des8]

What does HCOE stand for?

Dr Google reckons " Humboldt County Office of Education"

[atticus]

What does HCOE stand for?

Same as HCEO!

[JK2054]

Same as HCEO!

yes haha

[Pezza54]

£78 is the HCOE fee.

Also people do not visit this site for legal advice, because you cannot give legal advice.

Yes, you are right about not being able to give legal advice
Legal advice is not provided on this website
Please read "Terms of Website Use" "9, Disclaimers" first two paragraphs

In post 35 I should have wrote "information" not "advice"

[Pezza54]

For a civil money claim £5k to £10k court fees to start a court claim are £455 and for the final hearing £346, totalling just over £800

[JK2054]

For a civil money claim £5k to £10k court fees to start a court claim are £455 and for the final hearing £346, totalling just over £800

Yes sorry i got mixed up thinking a CCJ had already been issued but that was a wrong thread. although the hearing fee would only be payable if defended claim. IMHO unlikely to defend, so a simple default judgement and then send to HCEO. Yes its £500 but when your chasing 5k+ I'd say £500 is worth it.

As for the vehicle situation, it may be worth OP noting the reg plate because HCE could use that

[kiteboy]

Thanks all - yeh- its actually the third letter before action letter he has had - Im not sending any more thats for sure. I agree - when I did the van check I also thought that he must be a traveller.....although he doesnt give that vibe at all... so could well be more money down the drain taking him to court. I knew it was around a £500 fee to bring a claim but I didnt know it goes to £800 (hell)- so potentially another £800 down the drain, maybe I win the case but still will possibly never see that money again..... I have sent a letter before action to his address and he said he recieved it previously. This time when he turned up he didnt mention anything at all. So its a hell of a position to be in....just completey fed up of it....I may just create a website to warn others as its just wrong imo (but then again he might be a traveller!!).....I know he has numerous properties but whether they are registered in his name I have no clue......what would you do??

What has slowed me down putting the claim in is the fact he turned up out of the blue.....why bother even comming and buying a bit of stone and levelling things and then not comming back again - it doesnt make sense to me at all

Also the van check also has me thinking twice about things - but this week I decide either way.... we cant go into another winter like this its beyond a joke now - 3months to build an extension and 2years or whatever it is so far to do a drive thats still not done


Well Ive just done a HM Registry search and paid £3 to view the Title property register and he is listed as the registered owner - ---- so thats something I think

[Pezza54]

Did you obtain a quote from another specialist company to make good the defective work and finish the job to an acceptable standard? If not your claim will be weak without a qualified building surveyor's report identifying the faults and providing an estimate of rectification work.
Have you taken more photos and sent follow up emails after his return visits?
For a court claim you should list the main events with dates in chronological order. Did you make a note of all the relevant dates?
In the end it is your decision whether to start a court claim
If I was in your position I would obtain the info in the first two paragraphs above before making a decision. The quote should be free but the surveyor's report will cost money