Cowboy builder taking legal action against me.

[Guest]

If I could just get a bit of advice regarding receipt of a solicitors letter - 7 pages long! I contracted a double glazing/conservatory expert who undertook to replace my existing conservatory with a new one. Just to keep it as brief as possible, it was a shambles. Within 3 days the roof had failed with the glass panels misting, It was also leaking down the walls - yet to be plastered. The work unfinished, no gutters, no down spouts - water pouring off the roof onto the ground, *not plastered, doors set at wrong profile height so I fell and injured myself.( I am disabled) *Lots of irregularities. External windows replaced with a *claim that he was Fensa registered. He was not. He left me a text message to say the work was finished and he wanted immediate payment - although his tools and materials were everywhere. I texted him back and said he hadn't finished and there were problems. Within half an hour he and his wife came round and tried to smash my windows causing damage. This went on for 40 minutes captured on CCTV which the police reviewed when they eventually arrived. The police then went to his house and brought him back and made him take away all of his tools and warned him not to return otherwise he would be arrested. I then sort advice and quotes from other companies to sort out the work. Each company stated that he had build the roof wrong and told me how it should be. I engaged a company to do the work. This company brought the manufacturer of the roofing system to work out the correct design and dimensions. When they then took down the faulty roof, it was found that the offender had used bathroom sealant to seal the wall on one side, and the main weight bearing part, he had taken off my Upvc soffits and facia boards which were installed as the original wooden ones had rotted. He had then put three, 2 x2 " blocks of wood, screwed into the rotten wood and set the heavy roof on these. I was told that in a short amount of time these would have broken lose bringing the whole weight of the roof down, and had I been in the conservatory at that time, I would have been killed. Anyway, this solicitors letter is 7 pages long defending the cowboy builders actions (all lies) and stating if I don't pay him the full amount of the invoice in 14 days he is going to issue court proceedings against me. Financially I don't have money. I took out a loan to pay for the conservatory and it has taken that amount to put the whole work right. I don't know how to respond to the solicitors letter. Bearing in mind, I am a lone lady in my seventies, severely disabled and frantically worried about it being taken to court. Please can anyone advice me.
*

[jaguarsuk]

Firstly don't worry.

You'll simply write back that you cancelled your contract with the builder pursuant to the Consumer Rights Act 2015 s.49 and that should he issue a claim against you then you will defend it vigorously as well as make a Counter Claim for the cost of rectifying his utterly shambolic workmanship and the criminal damage their client engaged in.

[cotongirl]

Oh, thank you. You make is sound so simple. I did write to the cowboy four times to try and resolve some of the issues but he completely ignored *me. I was just worried about how to respond to 7 pages. I had no idea that a solicitor would have the time to write such a long letter. Thank you. I will take your advice and leave it at that to see what response I will get. I was an am rather worried that he is going to add the cost of the solicitors letters to his claim.

[cotongirl]

I should also have probably mentioned that his roof is lying in my garden waiting for him to collect. He has ignored this and I am seriously thinking about charging him storage as it is causing me inconvenience.

[jaguarsuk]

Oh, thank you. You make is sound so simple. I did write to the cowboy four times to try and resolve some of the issues but he completely ignored me. I was just worried about how to respond to 7 pages. I had no idea that a solicitor would have the time to write such a long letter. Thank you. I will take your advice and leave it at that to see what response I will get. I was an am rather worried that he is going to add the cost of the solicitors letters to his claim.

The solicitor will be charging him handsomely for their time, so they'll happily write chapter and verse.

He can add what he likes, but that doesn't mean he'll get them.

I should also have probably mentioned that his roof is lying in my garden waiting for him to collect. He has ignored this and I am seriously thinking about charging him storage as it is causing me inconvenience.

Include this in the letter to the solicitor as well as you having given their client ample opportunity to rectify their poor work.

[cotongirl]

In respect of the above. Solicitor is claiming that he has not got my response mail - even though I got proof of posting. His client is also claiming the same. I always get either proof of posting or tracked mail.

This is driving me crazy as obviously putting up their clients bill, and if the matter proceeds to court I am assuming that they will be claiming against me for solicitors costs. I don't know if this is happening to increase costs or not.

Do I have to continually correspond through his solicitor or can I ask them to refer the matter back to their client for him to deal directly with me?

Can I state I will no longer reply to their letters but only to their client letters? If so, would this go against me if taken to court.

[jaguarsuk]

In respect of the above. Solicitor is claiming that he has not got my response mail - even though I got proof of posting. His client is also claiming the same. I always get either proof of posting or tracked mail.

This is driving me crazy as obviously putting up their clients bill, and if the matter proceeds to court I am assuming that they will be claiming against me for solicitors costs. I don't know if this is happening to increase costs or not.

Do I have to continually correspond through his solicitor or can I ask them to refer the matter back to their client for him to deal directly with me?

Can I state I will no longer reply to their letters but only to their client letters? If so, would this go against me if taken to court.

I would state reiterate that you cancelled your contract with the builder pursuant to the Consumer Rights Act 2015 s.49 and that should he issue a claim against you then you will defend it vigorously as well as make a Counter Claim for the cost of rectifying his utterly shambolic workmanship and the criminal damage their client engaged in.

That you see no benefit of continued correspondence with them as you do not engage in litigation via correspondence and enclosed is the previous letter for their reference.

Send it special delivery just to the solicitor then they can't claim they haven't had it.

You shouldn't be corresponding directly with their client as you are saving them money in the solicitor not having to forward a copy to them.

Assuming the sum they are alleging is owed is for under £10,000 costs in the small claims track are limited to court fees, witnesses and ancillary expenses unless there is unreasonable conduct by you in conducting the claim, so even if he were to win he'd be stuck with his own solicitors costs. The solicitor knows this, but will be telling him how he'll ask for his costs from you if he is successful and then when he's not he'll tell him he asked, now pay up.

[cotongirl]

Thank you once again for giving me guidance,

I had already written to his solicitor as you previously suggested, I have now written again using your advice.

The claim is under £10,000, but it has cost me more to replace the roof and redo the work he carried out than what he is claiming from me.

I am so grateful to you.

[jaguarsuk]

The claim is under £10,000, but it has cost me more to replace the roof and redo the work he carried out than what he is claiming from me.

I am so grateful to you.

You might want to consider a claim against him or if he does file a claim, counter claiming for your loss.

[Willis]

Wow, finally found this old post thanks.

Just to update: HIs solicitor wrote a further letter to me to say that the builder did not want the return of his roof as the roof belonged to me even though I had not paid for it.

He then stated that the builder wanted me to pay for a surveyor to look at the builders work even though it had been redone by someone else 6 months previously and they knew this. There was nothing left of the first builder build.

As we were now in a pandemic and locked down for the foreseeable time, I shudder at the thought his solicitor thought it was okay to send someone to my home as no one was allowed in that did not live with me. At this point also, I had been put on the Gov/NHS Clinically Extremely Vulnerable list and told to shield with the instruction to not even go myself into either a pharmacy or supermarket. Not even my children were allowed in.

His letter ended with " if we have not heard from you within 14 days I will refer back to my client to ask his view, does he wish to commence court proceedings".

I responded to this letter, reiterating my position and referred him back to all my correspondence which stated exactly what this builder had done and included my remedial invoice which came to more than what the builder was claiming from me.

Now, without any further reply from this solicitor, nearly 10 months later I have received a Countly Court claim for an inflated invoice..he has added some things on twice despite my stating this. Charging for work he never even finished. The original quote was for less than this as he needed to knock some windows off and Interest on the amount and also wants payment for his solicitors bill (which I have not seen).

Mainly at this point, I cannot see that I have received a formal Letter Before Action and wonder what to do about it. I thought there was a specific process they had to follow when filing a claim?

The particulars of claim are 7 pages long, and attached to this is all the letters I wrote to the builder but none of the correspondence between myself and the solicitor.

I do find this strange as my letters are actually denying the debt with quite specific reasons as to how this builder conducted himself and his shambolic and dangerous build which was not even finished.

Any advice would be appreciated before I have to plough and and do the best I can. Thanks

[Willis]

Anyone?

[Willis]

Good morning. Can anyone help and advise please?

[des8]

the lack of pre action letters won't necessarily be fatal to the claim, but might assist with you claiming costs for unreasonable behaviour.

Is the claim still below the £10,000 mark?
Is this claim being dealt with by the solicitor or the builder?

[Willis]

Thanks for replying. The claim is still being dealt with by the solicitor. He is claiming just under £7000 and put his legal costs to be advised. Goodness knows what they will be.

Should I mention in defence that I have received no pre action letter?

I replied to his last letter in April and had no response to this letter.

He has not even put the correct amount of the original quote on either.

The solicitor stated in his claim that we/builder entered into an oral agreement. There was no formal contract but the builder did write on a piece of paper with rough sketch of build and a few comments what he was going to do. Does this not change it to a written agreement?

[des8]

As the claim is below £10,000 any costs that can be claimed are very limited so no need to worry about that implied threat.

Was the claim from Salford or Northants?