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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. Additionally he operated both as a sole trader and a company and required his dues to be paid both in his personal and company accounts. He signed the contract with me as an individual but later sent me legal letter as a company.
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. After about a year the builder's solicitor sent me a response cleverly avoiding any mention of my detailed response to the money claims amount paid to his client . The solicitor mentioned a new point of "omitted invoices", and alleging instead that i am delaying the process.Also on the health and safety point that they compromised on my worksite they told 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 and wanted me to respond within 14 days.
My home insurance declined to take up my case as the cowboy builder's company has no assets.
The stress was crazy on me.
Updated
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 which they 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 . I clearly displayed how all payments were already made on the progress he had completed on my property but he is claiming more than 90% progress. I showed clearly the before and after images of the state he had left my property in and how my property now looks on completing. I questioned how he could claim 90% progress by sharing the additional cost, time and effort it took me to bring my property at the present condition.I clearly pointed at the insurance error 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
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. After about a year the builder's solicitor sent me a response cleverly avoiding any mention of my detailed response to the money claims amount paid to his client . The solicitor mentioned a new point of "omitted invoices", and alleging instead that i am delaying the process.Also on the health and safety point that they compromised on my worksite they told 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 and wanted me to respond within 14 days.
My home insurance declined to take up my case as the cowboy builder's company has no assets.
The stress was crazy on me.
Updated
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 which they 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 . I clearly displayed how all payments were already made on the progress he had completed on my property but he is claiming more than 90% progress. I showed clearly the before and after images of the state he had left my property in and how my property now looks on completing. I questioned how he could claim 90% progress by sharing the additional cost, time and effort it took me to bring my property at the present condition.I clearly pointed at the insurance error 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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