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Scotland
I ad the misfortune of hiring, what turned out to be, a rogue tradesperson in January 2023. The poor quality work didn't become apparent until October 2023 when I ended up having to pay a second tradesperson to patch up the work to see me through winter. At the advice of Consumer Advice Scotland I had an independent survey carried out and sent the first tradesperson a time of essence letter which he ignored even though his work had come with a warranty.
I ended up having to pay the second tradesperson to come back to completely redo the work and I engaged a solicitor. The first tradesperson ignored correspondence from my solicitor and we tried to have the Initial Writ served at the address he lists as his business address both online and his invoices. Sheriff Officers could not serve the Inital Writ at the address because it's a residential address and there is no sign of the tradesperson ever living there. I managed to track him down to another address where he was served the Initial Writ. He ignored it and I was awarded the decree. Due to the sums of money involved I had to use the Ordinary Cause route which is why I used a solicitor. As the tradesperson didn't enter a defence I wasn't able to claim my legal costs back.
I've incurred £7,500 of legal fees pursuing this person. Is that money lost forever or could I use the Ordinary Cause route to try and reclaim the money? Knowing what I do now I might attempt to DIY that. The only reason I'm contemplating it is because I already have an inhibition registered since he hasn't paid the first decree (I was able to arrest some funds from his bank accounts) and he owns at least two unencumbered properties one of which is up for sale.
It seems unjust that whilst the law is on my side I'm out of pocket because the tradesperson ignores all correspondence as has once again disappeared into the ether where Sheriff Officers are unable to find him.
I ad the misfortune of hiring, what turned out to be, a rogue tradesperson in January 2023. The poor quality work didn't become apparent until October 2023 when I ended up having to pay a second tradesperson to patch up the work to see me through winter. At the advice of Consumer Advice Scotland I had an independent survey carried out and sent the first tradesperson a time of essence letter which he ignored even though his work had come with a warranty.
I ended up having to pay the second tradesperson to come back to completely redo the work and I engaged a solicitor. The first tradesperson ignored correspondence from my solicitor and we tried to have the Initial Writ served at the address he lists as his business address both online and his invoices. Sheriff Officers could not serve the Inital Writ at the address because it's a residential address and there is no sign of the tradesperson ever living there. I managed to track him down to another address where he was served the Initial Writ. He ignored it and I was awarded the decree. Due to the sums of money involved I had to use the Ordinary Cause route which is why I used a solicitor. As the tradesperson didn't enter a defence I wasn't able to claim my legal costs back.
I've incurred £7,500 of legal fees pursuing this person. Is that money lost forever or could I use the Ordinary Cause route to try and reclaim the money? Knowing what I do now I might attempt to DIY that. The only reason I'm contemplating it is because I already have an inhibition registered since he hasn't paid the first decree (I was able to arrest some funds from his bank accounts) and he owns at least two unencumbered properties one of which is up for sale.
It seems unjust that whilst the law is on my side I'm out of pocket because the tradesperson ignores all correspondence as has once again disappeared into the ether where Sheriff Officers are unable to find him.