Builder passed dispute to a debt collector

[amr]

'I am seeking legal advice about disputing the last bill from a builder, which has the only description of ‘Final balance and no detailsWe paid £4,000 in good faith, so he could also finish the works and mend leakages in the new flat roofs, but we are disputing the rest. We have sent one email to him directly and through ‘mybuilder’ website with our arguments, but he has ignored it. He has inflated the last and unitemised bill from £6,635 to £16,096 (243% increase) adducing that a few works were done and not charged for, We also sent to him another email to dispute those new charges. Again he refuses to acknowledge it.


At present, without telling us, the debt has been passed on to a debt collection agency. The debt collection agency has giving us one week to pay and threatening us to present a petition to the court for an order that we be made bankrupt and our assets liquidated to pay the builder unless we dispute the debt on substantial grounds and give all supporting evidence. We have sent by certified mail, to the debt collector a “prove the debt” letter

Needless to say that we are very distressed. The deadline to pay the debt collection agency wasyesterday. Could you give advice, please? Can he take me to court without even responding me? can a builder charge whatever he pleases without proof of my agreement and knowledge in written form?

[R0b]

Hi,

This is a consumer forum and not a place that dishes out legal advice so if you specifically want legal advice then you need to be speaking to a solicitor.

First of all debt collectors have no legal powers to do anything. They can huff and puff and say whatever they want but that is the extent of their power which is to chase debt.

Based on what you have suggested the builder might find it difficult to successfully declare you bankrupt.

Yes he can take you to court, yes he can charge you what he likes, yes he doesn't need to provide proof to you, but that doesnt mean he will win at court.

it has always been the case for breaches of contract that he who asserts, must prove. No proof = no claim.

Unfortunately you've been a bit light on the details of what was actually agreed other than £4,000 so we can't really help you much without more.