Help please! Should I send another LBA

**echat11** · 9th November 2021, 20:17:PM

Hi GWALK

I would send another LBA with the correct figure £4500, you need to provide an explanation for the correct figure, i.e. the whole roof needs to be redone.

Take lots of pictures different angles / video etc. Maybe get a report done on the uncompleted work and poor workmanship.

If you just bring the £4500 up in court and previously stated £1000, no doubt the builder will use that as part of his defence.

des8

**Gwalk** · 9th November 2021, 21:51:PM

Hi des8 thank you for advice. Can we send LBA twice? And also would it be okay to send another letter as on the previous letter we told him that if he couldn't complete his work we will straight take him to court. Sorry for my ignorance as I don't understand this thing.

**des8** · 9th November 2021, 23:15:PM

Yes, send a new LBA advising builder that you have had the work inspected.
Other roofers have confirmed the installation is poor and needs redoing at estimated cost of £4,500.
You require him to complete the work to a satisfactory standard (and you will have a structural engineer inspect it afterwards)
or to pay for the extra works
If he fails to respond you will take further action, including but not limited to initiating a court claim.

Now have you had written reports/quotes from the other roofers?
How did you pay this builder/ cash/credit card?
If you take him to court does he have the assets to pay any award you get?

**Gwalk** · 9th November 2021, 23:50:PM

Hi des8 yes we are just doing another LBA asking for refund (we've paid him upfront 4 months ago by bank transfer). My husband doesn't want him to come back to fix his work as he doesn't have a clue what he's doing! The material he use was wrong, the fascias even upside down! We are afraid he'll cause more damage if he comes back to complete the work.

Do you think will this be a problem in the court if we don't give him another chance to fix his work up to standard? We genuinely think he doesn't know how to install flat roof. The professional roofers were saying the same too.

We've had quote from another roofer and he said he'll make a proper report for us so we can use it for the court.

We think he has enough assets to pay our claim. He is a sole trader, have 3 company vehicles, and 1 personal car as far as we know of. Since he is a sole trader so I think court can take his personal assets in case we have to request for bailiffs?

Thank you for your great help! Really appreciate!

**des8** · 10th November 2021, 08:28:AM

As you have lost complete confidence in him and will be receiving a written report you should be all right if it goes to court.

If he is a sole trader, you sue him as an individual and his personal assets are at risk

**Gwalk** · 10th November 2021, 12:10:PM

des8 Yes we will sue him as an individual trading as his business name. Hopefully we'll get our money back! Thank you for all your replies.

**Gwalk** · 14th November 2021, 13:17:PM

Hi des8 it's me again, hope you still can help me please. We sent another LBA on 10th of Nov. We sent two letters, one was with recorded delivery and another one was just standard 1st class but with proof of posting. The recorded letter was delivered and signed on 12th of Nov (Not sure who received it but it's signed by ZO20)

He called my husband on the same day in the evening, but my husband was driving so he missed his call. We text him this morning, asked him why did he call as he already got our bank details. His reply was why would he needs our bank details and he called on that day to send his guys to fix our garage.

He is playing dumb and didn't say anything about the letter we sent. Should we ask him has he read our letter yet? Because we have explained everything why we want a refund.

But what if he says he doesn't get any letter? Can he use that against us in the court? I am so worried now to reply him, afraid that we'll say something wrong!

Any advice would greatly appreciate. Thank you!

**des8** · 14th November 2021, 16:01:PM

So let him play dumb.. it won't help him.

You could send him a text, referring to your letters of 10.11, reiterating that due to the poor workmanship you have lost all confidence in him and require the full refund.
As he didn't respond to your first request for a repair in a timeous manner that option is no longer available

**Gwalk** · 14th November 2021, 17:27:PM

des8 Thank you! We've done as you advised. We also explained to him again what's the roofer said, but he insisted he did nothing wrong. So we said he has time until 24.11.2021 to refund the money or else we submit claim against him in the court and he said he will speak to his solicitors! Hopefully we won't be having any problem in the court as we don't use any legal representative. We can't afford to pay for solicitors.

**des8** · 14th November 2021, 20:20:PM

Even if he does speak to a solicitor I shouldn't worry too much.
Just wait and see and what they propose.

**Gwalk** · 19th November 2021, 20:51:PM

Hello des8 sorry it's me again, hope you can give us advise again please. So he just sent us email this evening saying that he agree to settle the dispute through ADR but only for the roof claim.

On the LBA we also request him to pay us for the damage he has done in our property (he broke our garden stuff, he made our driveway covered in concrete, etc). He refused to pay us for those damage and refuse to settle that issue through ADR.

As this is our first time having dispute with tradesmen we don't really know how ADR works. Can he pick and choose what problems he wants to settle in the ADR? I thought if we bring this case to ADR we have to settle all the issue we wrote in the LBA?

And also he didn't say anything which ADR he wants to use. Does it mean he wants us to pay for ADR as well? He gives us 10 days to respond to his email. What if we don't reply to his email and just submit claim in the small claim court as I can't be bother arguing with him. We also already stated on the letter that we'll take him to court without further notice if we don't receive satisfactory response from him within 14 days.

Any advice would greatly appreciate. Thank you!

**des8** · 19th November 2021, 22:08:PM

Did your contract with him mention ADR and a conciliation service to be used?
If not you would need to come to an agreement about who to use and how to pay.

Whether or not you should agree to exclude the other damages, I really can't say.
I was not aware there was anything in your claim other than the garage roof.
It will depend on the value of that part of your claim as to your move.

If small you might agree to their exclusion, but if larger you probably won't.
If you are prepared to go to ADR, but want the extras included, point out to him that if you were to go to ADR on hid terms you would just file a court claim for the items excluded from ADR.

It is worth pointing out the county court will offer a mediation service (https://www.gov.uk/guidance/small-cl...iation-service)

**Gwalk** · 19th November 2021, 23:10:PM

Hi des8 our claim regarding the damage is around £4k, so we won't exclude that from our claim. Initially we were thinking to let it go as long as he completes his work on time. But he kept delaying and lying to us, and was so rude replying to our messages. So we're so upset and just want to claim for everything now.

There was nothing in the contract about ADR in case we have problem with his work. But we did say to him we are willing to settle the dispute through ADR if he is part of any ADR schemes. And he said he isn't at the moment but he'll apply for a membership. So I don't get it why didn't he say anything about that on the email.

Yes we are aware that court will offer mediation service for free as part of our small claims. Should we tell him about that as well?

Thank you so much for your reply.

**des8** · 20th November 2021, 08:29:AM

No reason not to tell him about court mediation service, and at least you can be sure it is independent

Help please! Should I send another LBA