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Builder and Consumer Rights Act 2015

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  • Builder and Consumer Rights Act 2015

    I paid a builder nearly £4k for some work on my house.and he made a total cock up of it. Sorry, I mean the work was "not performed with reasonable care and skill."

    Apparently I can take him to the Small Claims Court. However, I have since met someone who was also unsatisfied and who wanted to sue him but she found out that he had been sued before, and that he did not turn up at court. The judge found against him, but he did not pay. When the bailiffs came round, he said he owns no assets (the house and everything in it "belongs to his wife"). An online search showed me that there is a CCJ against him.

    I am trying to "box clever". I am thinking of writing him a letter asking him for an out of court settlement of £2,000. And if he refuses to pay this, then I will proceed to the Small Claims Court and he will have to pay the whole £4,000 plus damages, or be again hassled by bailiffs and end up with another CCJ.

    My questions is, is offering to settle for £2k a stupid thing to do and it would it prejudice or ruin my chances of winning the court case? My rationale is that he may think it better to cough up £2k rather than being taken to court a second time, possibly with negative publicity in the press and social media and have the bailiffs coming round again, and getting another CCJ.
    Last edited by HelenaW; 3rd January 2023, 17:51:PM.
    Tags: None

  • #2
    write that letter and head it "without prejudice". As a genuine offer to settle it cannot be referred to in court.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      write that letter and head it "without prejudice". As a genuine offer to settle it cannot be referred to in court.
      thank you.

      Comment

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