Can i get my money back from builder?

[Openlaw15]

Re: Can i get my money baqck from builder?

The short answer.......yes you can get your money back, but best of luck trying. As the others have inferred, if the builder is a limited company (most are) then you can kiss goodbye to your money.

The chances of ever getting him back to correct the defects where there is no contract and/or the builder is a limited company are virtually nil.

Virtually nil? Just because it's limited company does not mean kiss good bye to your money. No contract you say. Do you understand contract law?

[Openlaw15]

Re: Can i get my money baqck from builder?

Unless you were in dispute about what was included in the price the written quote is useless to you.

Does the quote have a letterhead? If so what is the full name of the company that provided it?

The written quote is likely part of the evidence that there was a contract for services and parts.

[Amethyst]

Re: Can i get my money baqck from builder?

There is a contract and the work has to have been fit for purpose and of a satisfactory quality - it wasn't so there is a claim available - Think this is the company https://www.mybuilder.com/profile/view/zekon

Send the letter to 23 Rivington Court St. Mark's Place Dagenham Essex RM10 8GJ, as they changed address in March.

[Openlaw15]

Re: Can i get my money baqck from builder?

hello all,

I really appreciate your response.

we found him on mybuilder website. Intially, we did part payment when he started the work. When he travelled for his father's death and burial, his team said the boss didn't leave money for them. as a result, they have to wait for him to return. Because my husband didn't want that to stop the repair work, he realease more fund for them to continue the work( they builder signed that he collected the money). The period when they disappeared, we got to know that some clients was owing the builder and that affected his cash flow reason they stopped the works in our house. At this stage, the house was left without radiator, boiler, cooker etc so my husband offered to use the next payment due to them to buy the things needed to get the work going. so rather than giving the builder fund, we followed the builder to order/buy the things needed. In doing that, he brought his guys back to continue the work.

At this stage, they were rushing to complete the little things left so they can vacate their tools. because they shower wasn't installed properly, they had to redo it. this means they didn't paint the celing round the shower. they installed the hot/cold water for the basin wrong but if they were to remove it will damage the tiles round the area my husband decided we should live with it.

We end up paying bulk of the money before completion as we use the money to buy things they needed to complete the repairs. By the time the finally disappeared, the remaining balance was less than £500. I must mentioned that they were expecting more money but when we told them the balance and asked for their boss to come around to balance book, he never turn up and snce we've not seen any of them. While i was chasing with phone calls, he told me all his guys are outside on the counrty and won't return until after 6months cos they are doing another project. when i insisted to get someone over, he told me to call his assistant which will be back in country soon. i did spoke with the assistant but he never visit the property.

We have a written quote. This was handy all through the repair work cos we were using it to monitor what they were doing. it's a limited company.

Do i need to send picture taken to him? how long is a reaonable time?

I look forward to read form you all. thanks x

If the quote does not mention the name of the ltd company it's possibly a personal contract. So if the company were to made bankrupt then you could still claim under the individual's personal contract.

[Amethyst]

Re: Can i get my money baqck from builder?

If the quote does not mention the name of the ltd company it's possibly a personal contract. So if the company were to made bankrupt then you could still claim under the individual's personal contract.

It does

was on letterhead paper . company name is Zekon 124 Crescent road London RM10 7HU bottom of quote says Chas accreditied contractor

[Openlaw15]

Re: Can i get my money baqck from builder?

Were all the payments in cash ? No credit card payment ?

You will have to write to him listing the faults, enclosing the photographs, and the remedy you want ( ie recompense to enable you to complete the work yourself / refund of money already paid for faulty work etc ) giving him 14 days to respond/pay. You'd need to subtract of course any materials purchased by the builder that you retain that either have been fitted properly or can be re-fitted. Detail the quote and what you have paid - purchased yourself to enable them to do the job. Subtract what it cost you to put things right / replace items damaged etc. Keep a copy of that letter.

If he fails you could then bring a court claim in the county court.

Then if he failed to pay you'd have a number of options to enforce the judgment against them. You can order them to court for a means statement, send enforcement agents ( although where to I don't know as the business seems to be run from mailing address or their homes - they may have a van and some equipment/tools etc though but whether it's owned by the company or not is another matter )


A charging order doesn't seem particularly suitable in this case (the guide is help people defending against charging orders btw) - it's a limited company without premises as far as I can see. They have just set up a new company ( BuildKon - great name lol) from April 2016 so could well be winding up the original company, so be willing to negotiate with them because something now is better than everything you are owed, never.

A Stat Demand for a winding up order isn't really going to be suitable either, the debt is disputed and if the company is wanting to go under anyway, you'd just end up paying for it without actually recovering your money.

I was answering Walesman01's query as to the remedy if the company (company contract) or individual (personal contract) were to be made bankrupt. I know the info you supplied relates to defending a charging order, but it's apparently the same procedure for obtaining a charging order against a company whether its land (business premises) or other assets such as securities too. if the company is being run from his home, then the company premises is the home so a charge in theory could be made against that.

[Amethyst]

Re: Can i get my money baqck from builder?

There is a contract and the work has to have been fit for purpose and of a satisfactory quality - it wasn't so there is a claim available - Think this is the company https://www.mybuilder.com/profile/view/zekon

Send the letter to 23 Rivington Court St. Mark's Place Dagenham Essex RM10 8GJ, as they changed address in March.

Seems to be a flat rather than business premises - http://www.rightmove.co.uk/house-pri...ountry=england
( meaning enforcement isn't going to be easy if you did win the court claim as its unlikely to hold any assets belonging to the company )

[Openlaw15]

Re: Can i get my money baqck from builder?

It does

According to Companies Houses, Zekon Ltd was only made an incorporated company (legal company), March 2015. So, as yet there are no financial statements/ accounts to see what the company is worth or the assets it holds.

[Amethyst]

Re: Can i get my money baqck from builder?

Yip, And they set up a new company in April 2016. BuildKon. ( see https://beta.companieshouse.gov.uk/o...k/appointments )

Normally this means no accounts wil be filed, Zekon will be struck off, and the directors start trading under the new co.

But I could just be cynical from experience on here over the years.

( if you get a judgment in quickly then you can object to the strike off at proposal to strike time so that you are top of list of any creditors etc )

[wales01man]

Re: Can i get my money baqck from builder?

looks like Bye Bye claim and hello new company not liable for anything the OP claims in court happens all the time and most of them legally correct

[Jessica12]

Not sure, It depends on the contract agreement and the conversation they concluded to work for!