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Please could anyone advise me what may happen next with my situation???.
From July to November of 2012, i employed a builder to renovate my rented property after severe water damage was caused due to a cold weather burst. In the November, the builder I employed ceased all communications with me, as i had expressed to him that i was not happy with some of the work carried out by his company.
I had written to him asking for him to visit my property and for the return of my drawings and my keys. The builder claimed at this point i owed him £4, 395.
However I was not willing to hand over this money until the poor works had been rectified.
Poor works being cracking ceiling plaster in most rooms, mis matched door furniture and skirting boards, a poorly fitted kitchen and extremely shoddy painting throughout the whole house, as well as skirting boards and light switches fitted with gaps between them and the new wall surface and other odd unfinished work around the house. He didn’t answer my calls or reply to correspondence sent.
The only correspondence i had was a solicitors letter requesting i pay the money or go to court. I attempted to seek legal advice but realised immediately that i could not possibly afford a representative.
A long story short – this resulted in me representing myself and with the help of a friend and the internet, we compiled a defence and counterclaim bundle. This is where i learnt about mediation which initially the judge advised that we do. I provided an independant report on the poor works prior to mediation, which was not agreed by the claimant, the claimant then employed the same independant body to compile another report at double the cost i paid?
during the mediation meeting. This meeting was held at my property and was the first time the builder acknowledged any faulty/poor work... that he insisted on referring to as snags throughout the ordeal. He claimed he could repair the poor works for £600 – i obtained estimates to repair the works which amounted to £2500. I also at this point did not want the builder back in my property.
In January 20012 i had to move into the property myself as i could not afford to live where i was and forfeit the costs of paying for a house that i could not rent out in my opinion. I had no gas or electricity safety certificates to start with!.
The Judge closed the case after a day and a half in favour of the claimant, but in his final summing up allowed me part of my counter claim which deducted £1700 off the final costs, and he stated had i have submitted the 17 days off work i had to have into total counterclaim to the courts he would have allowed that cost too, but i did not know to submit such costs. The final bill to myself has now risen from £4500 to just a little under £20,000.
The money i DID have banked from the insurance to pay for the remainder of the work incompleted has been used to repair my property, change locks as i have still not had my keys and drawings back and of course i have had to move back into the property and lost out on rent income.
I am only in a position at this time to pay them £75 a month maximum, this will increase as my personal financial situation improves. I have explained this to them and they have declined this offer. I am unable to get a loan or re mortgage due to now having a CCJ against me and i don’t think i can go insolvent and as part of my counterclaim was allowed by the judge....does this still count at a full CCJ??? Could anyone please advise me what may happen next?... what possible other options are available at this stage??... HELP!!!
From July to November of 2012, i employed a builder to renovate my rented property after severe water damage was caused due to a cold weather burst. In the November, the builder I employed ceased all communications with me, as i had expressed to him that i was not happy with some of the work carried out by his company.
I had written to him asking for him to visit my property and for the return of my drawings and my keys. The builder claimed at this point i owed him £4, 395.
However I was not willing to hand over this money until the poor works had been rectified.
Poor works being cracking ceiling plaster in most rooms, mis matched door furniture and skirting boards, a poorly fitted kitchen and extremely shoddy painting throughout the whole house, as well as skirting boards and light switches fitted with gaps between them and the new wall surface and other odd unfinished work around the house. He didn’t answer my calls or reply to correspondence sent.
The only correspondence i had was a solicitors letter requesting i pay the money or go to court. I attempted to seek legal advice but realised immediately that i could not possibly afford a representative.
A long story short – this resulted in me representing myself and with the help of a friend and the internet, we compiled a defence and counterclaim bundle. This is where i learnt about mediation which initially the judge advised that we do. I provided an independant report on the poor works prior to mediation, which was not agreed by the claimant, the claimant then employed the same independant body to compile another report at double the cost i paid?
during the mediation meeting. This meeting was held at my property and was the first time the builder acknowledged any faulty/poor work... that he insisted on referring to as snags throughout the ordeal. He claimed he could repair the poor works for £600 – i obtained estimates to repair the works which amounted to £2500. I also at this point did not want the builder back in my property.
In January 20012 i had to move into the property myself as i could not afford to live where i was and forfeit the costs of paying for a house that i could not rent out in my opinion. I had no gas or electricity safety certificates to start with!.
The Judge closed the case after a day and a half in favour of the claimant, but in his final summing up allowed me part of my counter claim which deducted £1700 off the final costs, and he stated had i have submitted the 17 days off work i had to have into total counterclaim to the courts he would have allowed that cost too, but i did not know to submit such costs. The final bill to myself has now risen from £4500 to just a little under £20,000.
The money i DID have banked from the insurance to pay for the remainder of the work incompleted has been used to repair my property, change locks as i have still not had my keys and drawings back and of course i have had to move back into the property and lost out on rent income.
I am only in a position at this time to pay them £75 a month maximum, this will increase as my personal financial situation improves. I have explained this to them and they have declined this offer. I am unable to get a loan or re mortgage due to now having a CCJ against me and i don’t think i can go insolvent and as part of my counterclaim was allowed by the judge....does this still count at a full CCJ??? Could anyone please advise me what may happen next?... what possible other options are available at this stage??... HELP!!!
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