Cowboy builder sent me debt recovery through his solicitor a year after his contract was terminated. I have responded and disputed all his claims with evidence. In the mean time i got the property completed and was just starting the process of selling the property. Am i required to inform the estate agent of this debt notice? Thanks
Builder's Debt Recovery Notice: Estate Agent Notification
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The debt is against you personally and I assume is yet to go through the court process so I can’t see why you should have to notify the agent as there would be no charge or anything on the affected property at this stage - less is more.
As part of the sales process the buyer should not be asking you about your personal finances or disputes and all questions should relate to the property.
If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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Cowboy builder had sent me a claims letter through his insurance about a year ago after I had terminated his work due to prolonged delay and shoddy workmanship. I responded to the letter in a detailed point by point manner by refuting every claim with evidence of timely payment to every job phase completion demand of the builder. And I had clearly demonstrated that there was no amount due on my part.Instead the builder owed me money in the final financial calculation.I also highlighted how he went on a holiday on a sudden short notice leaving my property unguarded and in a shambolic condition. Every part of my argument was supported by evidence of invoice payment, correspondences received and sent, etc.
Then there was no response from his solicitor for around a year. When i had inquired in the interim the builder's solicitor wrote that they were in the process of receiving instructions from their client. Now after about a year the builder's solicitor has sent me a response cleverly avoiding any mention of my detailed response to the money claims amount paid to his client . The solicitor is mentioning a new point of "omitted invoices", and alleging instead that i am delaying the process.Also on the health and safety point they are telling me to produce an independent third party report although i had provided date, time stamped real time images taken at the work site in my first response.
They kept me at tenterhooks for this long. Now they want me to respond within 14 days.
My home insurance had earlier declined to take up my case as the cowboy builder's company has no assets.
The stress is crazy on me. Any advice on my next move is highly appreciated. Please guide.
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Have you contacted your insurer again about this?
What are these solicitors wanting? Is there a reason for you not to repeat your previous reply, adding responses to any new points that may have been made?
Have you made any progress in selling the house?Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Guides and handbooks for Litigants in Person - :
https://legalbeagles.info/forums/for...60#post1701560
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So its been close to 2 years now and the to and fro communication is on. The insurance that the builder had shown me clearly had 'no contractual dispute covered' mentioned. But now his solicitor claims he has updated insurance whichbthey are refusing to show me inspite of me seeking disclosure. I have continued to respond using evidence, dated photos and counter arguing on the itemized breakdown that the builder had provided as also the incomplete works, shoddy workmanship and the health safety mess of my property sote that they made. They are continuing to display aggressive posturing, side stepping and denial in most of their letters.
In my latest correspondence I have also offered an amount for settlement as goodwill gesture or as an alternative an arbritration offer.
I wish to know what could i anticipate in future and what could be my strategic options to protect my interests?
Note: My insuance company turned down my claim to offer legal help as they felt they could not recover costs from the builder's company.
I am fighting on my own as a layperson while the builder has insurance.
Thanks
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