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I'm having trouble with a rogue builder. I posted a painting job on a well known website after my tenants served notice with a view to selling my property. The claimant viewed the popery and gave me a quote for some works. When my tenants moved out they had repainted the walls white but had damaged the property and not reported a small leak for some time resulting in floorboards lifting from the joist and the lino and ply needing replacing. IThe claimant came and viewed the property to look at what needed doing and to stop the leak. We verbally agreed that he would
Fill in any small holes in wall, re paper a segment of wall, paint one coat to walls and ceilings in 2 bedrooms, and the lounge, rough up paint in areas the kitchen, replace the threshold to the conservatory, re felt shed roof, sand down areas of wooden floor and revarnish,, replace and re tile certain surfaces in bathroom, fit new kickboards in the kitchen, and seal off with board and decorate an area above a built in wardrobe in one of the bedrooms. My advert, posted on 7th Feb 2017 stated the job needed to be completed by 22nd March.
The claimant began working on 13th March and by 29th March had still not completed the job. On 16th March he requested payment of half the agreed price (£1212.50) but wanted me to pay in cash. I agreed to do a bank transfer and he provided his sons bank details which aroused suspicion in me. I visited the property on 18th March and was a little concerned at the lack of progress but said nothing.
The follwing week he advised he could not complete the job until 28th March. But that it was nearly completed. I visited the property on 26th March and observed what an appalling job he had undertaken and looked up on the Internet how to tackle the situation. On 28th March he requested payment but advised that he had not yet completed the kickboards but would do so the following week, but he wanted me to pay the bill as soon as possible. I advised I would visit the property on 2nd April to view it and if happy would pay. He was not happy with this so I agreed to view the property on 29th March. During this time he had a set of keys to the property and appeared to be holding them and the completion of the kickboards hostage until I paid him in full.
On 28th March I spoke to a qualified builder under taking works next to my home and he agreed to view the completed works and change my locks if necessary the next day . The following morning I reported the incident to the police and trading standards. In the afternon I visited the property with the builder next door who agreed it was a shoddy job and duly changed my locks.
The claimant had not bothered to cut in when painting the walls white, hadn't painted the ceiling, or fill in any holes, painted a piece of bare wall where the waller paper had come away rather than replace the paper as agreed, fitted a soft wood threshold to my mahogany conservatory which he then painted in white gloss, used the wrong colour paint to touch up areas in the kitchen making it look worse, re felted the shed roof with a ripped and torn piece of felt which had huge holes in it, put cream and bottle green tiles in my blue and white bathroom and laid them unevenly, varnished throughout the property with a different coloured varnish without any sanding down of areas and even varnishing over paint splatters left over from my tenants painting. He left most of the ribbing at the property and broke the toilet flush leaving his dried faeces and urine in the bowl for me to clean up.
I texted him that evening at 7.00 pm that I would not be paying the remaining balance and would be in touch regarding a refund due to his poor work. At 10 pm I received a text accusing me of providing a fraudulent email address. At 11 pm he visited my home with two other people to post a letter through my door which demanded that I respond by 9 am the following morning. As I didn't read the letter until the afternoon I didnt espond..
On April 1st I visited the property only to discover that someone had attempted to break in. I reported this to the police. I then posted a factual but negative review on the website I had advertised the job on.
On April 5th I received papers regarding a claim he had opened online for the ramping balance. The papers advised that he would send the particular details of claim within 14 days of service I acknowledged service and stated I would defend the claim. During the next couple of days I received emails from him threatening me with libel. Then I heard nothing until 15th of May when I received the purported particulars of claim. This consists of a six page typed rant addressed to me personally making out I wanted a cheap job and character references/witness statements from my old tenant who I had told off when they moved out for repainting the property without permission, removing locks, curtain rails and plants, throwing away my curtains, blinds and hoover and not reporting the leak but repaid them their full deposit.
I have gained three quotes to redo the works, all are cheaper than his quote and have had a qualified building surveyor view the property with a view to writing a root in respect of the defects. I understand that I should make a counter claim but given I paid monies into his sons account it's unlikely that he will have any monies to pay if, as is likely, I win.
So, should, d I still do a counter claim? Do I just concentrate my defence on why I didn't pay and ignore the he said/she said insults and claims by him in the particulars of claim.
Any advice assistance would be greatly appreciated. Thank you
Fill in any small holes in wall, re paper a segment of wall, paint one coat to walls and ceilings in 2 bedrooms, and the lounge, rough up paint in areas the kitchen, replace the threshold to the conservatory, re felt shed roof, sand down areas of wooden floor and revarnish,, replace and re tile certain surfaces in bathroom, fit new kickboards in the kitchen, and seal off with board and decorate an area above a built in wardrobe in one of the bedrooms. My advert, posted on 7th Feb 2017 stated the job needed to be completed by 22nd March.
The claimant began working on 13th March and by 29th March had still not completed the job. On 16th March he requested payment of half the agreed price (£1212.50) but wanted me to pay in cash. I agreed to do a bank transfer and he provided his sons bank details which aroused suspicion in me. I visited the property on 18th March and was a little concerned at the lack of progress but said nothing.
The follwing week he advised he could not complete the job until 28th March. But that it was nearly completed. I visited the property on 26th March and observed what an appalling job he had undertaken and looked up on the Internet how to tackle the situation. On 28th March he requested payment but advised that he had not yet completed the kickboards but would do so the following week, but he wanted me to pay the bill as soon as possible. I advised I would visit the property on 2nd April to view it and if happy would pay. He was not happy with this so I agreed to view the property on 29th March. During this time he had a set of keys to the property and appeared to be holding them and the completion of the kickboards hostage until I paid him in full.
On 28th March I spoke to a qualified builder under taking works next to my home and he agreed to view the completed works and change my locks if necessary the next day . The following morning I reported the incident to the police and trading standards. In the afternon I visited the property with the builder next door who agreed it was a shoddy job and duly changed my locks.
The claimant had not bothered to cut in when painting the walls white, hadn't painted the ceiling, or fill in any holes, painted a piece of bare wall where the waller paper had come away rather than replace the paper as agreed, fitted a soft wood threshold to my mahogany conservatory which he then painted in white gloss, used the wrong colour paint to touch up areas in the kitchen making it look worse, re felted the shed roof with a ripped and torn piece of felt which had huge holes in it, put cream and bottle green tiles in my blue and white bathroom and laid them unevenly, varnished throughout the property with a different coloured varnish without any sanding down of areas and even varnishing over paint splatters left over from my tenants painting. He left most of the ribbing at the property and broke the toilet flush leaving his dried faeces and urine in the bowl for me to clean up.
I texted him that evening at 7.00 pm that I would not be paying the remaining balance and would be in touch regarding a refund due to his poor work. At 10 pm I received a text accusing me of providing a fraudulent email address. At 11 pm he visited my home with two other people to post a letter through my door which demanded that I respond by 9 am the following morning. As I didn't read the letter until the afternoon I didnt espond..
On April 1st I visited the property only to discover that someone had attempted to break in. I reported this to the police. I then posted a factual but negative review on the website I had advertised the job on.
On April 5th I received papers regarding a claim he had opened online for the ramping balance. The papers advised that he would send the particular details of claim within 14 days of service I acknowledged service and stated I would defend the claim. During the next couple of days I received emails from him threatening me with libel. Then I heard nothing until 15th of May when I received the purported particulars of claim. This consists of a six page typed rant addressed to me personally making out I wanted a cheap job and character references/witness statements from my old tenant who I had told off when they moved out for repainting the property without permission, removing locks, curtain rails and plants, throwing away my curtains, blinds and hoover and not reporting the leak but repaid them their full deposit.
I have gained three quotes to redo the works, all are cheaper than his quote and have had a qualified building surveyor view the property with a view to writing a root in respect of the defects. I understand that I should make a counter claim but given I paid monies into his sons account it's unlikely that he will have any monies to pay if, as is likely, I win.
So, should, d I still do a counter claim? Do I just concentrate my defence on why I didn't pay and ignore the he said/she said insults and claims by him in the particulars of claim.
Any advice assistance would be greatly appreciated. Thank you
