Taking a sole trader to court

[Hilly1995]

Hello, I am after some much needed advice. 4 years ago we had a sole trader builder come in and do damp proofing, fit a new kitchen & bathroom, replace a wall and re wire the kitchen. None of the work was up to scratch, we have had 2 independent surveys in, numerous people to do quotes and they have all come to the same conclusion that it was a horrendous job and the damp proofing was never done as it is now back. We attempted to pursue this through our insurance for the last 3 years, but simply they ran out of money because they wanted to use a barrister etc. Now our only option is to go forward our selves using the fast track service. But I need some advice on where to start and simply is it worth it

[Pezza54]

IMO it is not worth the risk. The builder may not have the money to pay you if your claim succeeds
If the builder defends your claim and your claim fails in court, you could face paying most of his legal costs on the fast track

If your claim was under £10k it should be allocated to the small claims track and you would only risk paying court fees, your costs, and minimal legal expenses for the defendant's legal representation

[echat11]

Can you expand on the following?

'We attempted to pursue this through our insurance for the last 3 years, but simply they ran out of money because they wanted to use a barrister etc.'

It could be that you have reason to complain.

What work did 'Insurance' carry out?

What was the limit of Cover?

[Hilly1995]

Hello, I am after some much needed advice. 4 years ago we had a sole trader builder come in and do damp proofing, fit a new kitchen & bathroom, replace a wall and re wire the kitchen. None of the work was up to scratch, we have had 2 independent surveys in, numerous people to do quotes and they have all come to the same conclusion that it was a horrendous job and the damp proofing was never done as it is now back. We attempted to pursue this through our insurance for the last 3 years, but simply they ran out of money because they wanted to use a barrister etc. Now our only option is to go forward our selves using the fast track service. But I need some advice on where to start and simply is it worth it

We have done checks, he owns his home outright with no mortgage, so the funds are there

[Hilly1995]

IMO it is not worth the risk. The builder may not have the money to pay you if your claim succeeds
If the builder defends your claim and your claim fails in court, you could face paying most of his legal costs on the fast track

If your claim was under £10k it should be allocated to the small claims track and you would only risk paying court fees, your costs, and minimal legal expenses for the defendant's legal representation

The barrister came back and said there is a solid chance that we would win in court. But for him alone to represent us, they wanted £10,000. The insurance cover was £25,000. But with insurance company sending him letters and giving him chance after chance after chance to respond. Then the cost of 2 independent surveyors simply the cover ran out. We can not afford the £10,000 just to instruct the barrister

[Hilly1995]

Can you expand on the following?

'We attempted to pursue this through our insurance for the last 3 years, but simply they ran out of money because they wanted to use a barrister etc.'

It could be that you have reason to complain.

What work did 'Insurance' carry out?

What was the limit of Cover?

The barrister came back and said there is a solid chance that we would win in court. But for him alone to represent us, they wanted £10,000. The insurance cover was £25,000. But with insurance company sending him letters and giving him chance after chance after chance to respond. Then the cost of 2 independent surveyors simply the cover ran out. We can not afford the £10,000 just to instruct the barrister

[echat11]

The barrister came back and said there is a solid chance that we would win in court. But for him alone to represent us, they wanted £10,000. The insurance cover was £25,000. But with insurance company sending him letters and giving him chance after chance after chance to respond. Then the cost of 2 independent surveyors simply the cover ran out. We can not afford the £10,000 just to instruct the barrister

Write a letter to the solicitors seeking the case file, you shouldn't be in a position where the solicitor is doing the following 'insurance company sending him letters and giving him chance after chance after chance to respond', over 3 years . You could of done that. Once you get the file, go through it, make a complaint to the solicitors, follow the complaints procedure on their website (when you say insurer, they would have allocated a solicitor to take up the case on your behalf). You need to look at the communications and apply 'common sense', does it make sense for the solicitors to do that.

One or two letters is fine, but to keep doing it is 'ridiculous' over 3 years, especially as there was no response.

The cover of £25,000 isn't huge, but enough to sort your issue if the solicitors conducted the case correctly.

Why were 2 surveys needed?

Update the thread.

[Hilly1995]

Write a letter to the solicitors seeking the case file, you shouldn't be in a position where the solicitor is doing the following 'insurance company sending him letters and giving him chance after chance after chance to respond', over 3 years . You could of done that. Once you get the file, go through it, make a complaint to the solicitors, follow the complaints procedure on their website (when you say insurer, they would have allocated a solicitor to take up the case on your behalf). You need to look at the communications and apply 'common sense', does it make sense for the solicitors to do that.

One or two letters is fine, but to keep doing it is 'ridiculous' over 3 years, especially as there was no response.

The cover of £25,000 isn't huge, but enough to sort your issue if the solicitors conducted the case correctly.

Why were 2 surveys needed?

Update the thread.

We are currently following the complaints procedure through both our insurer and the solicitors. So far the insurer has stated we are at least entitled to the cost of the surveyor back... The reason for 2 surveyors was simply, our solicitors told us we needed one done, so we paid for it, Then after that their solicitor stated that it could be biased and we should get another done and our solicitor then told us we needed another one to back up the case. Both surveyors reports going into detail and state that every that was done it wrong, electrical work was dangerous, Damp proofing was never carried out (various quotes from other builders state the same). We have tons of evidence, he has been caught out lying numerous times.... But back to the solicitor the main issue was the cost of the barrister, wanting £10,000 just to be instructed and that's where they told us we would now need to start paying over £100per hour for their service and we simply can not afford that, not after paying the £28,000 plus then more on top to make safe the dangerous electrics

[Hilly1995]

Write a letter to the solicitors seeking the case file, you shouldn't be in a position where the solicitor is doing the following 'insurance company sending him letters and giving him chance after chance after chance to respond', over 3 years . You could of done that. Once you get the file, go through it, make a complaint to the solicitors, follow the complaints procedure on their website (when you say insurer, they would have allocated a solicitor to take up the case on your behalf). You need to look at the communications and apply 'common sense', does it make sense for the solicitors to do that.

One or two letters is fine, but to keep doing it is 'ridiculous' over 3 years, especially as there was no response.

The cover of £25,000 isn't huge, but enough to sort your issue if the solicitors conducted the case correctly.

Why were 2 surveys needed?

Update the thread.

To add, the solicitors also said recently that it was never enough to take it to court. But they never told us that at the start

[echat11]

If the 'electrics' are 'dangerous' has Trading Standards been contacted?

[Pezza54]

To add, the solicitors also said recently that it was never enough to take it to court. But they never told us that at the start

The insurance company will be upset and angry if they find out the solicitor said that.

The solicitor is meant to assess the viability of a claim at the outset, and advise the insurance company if there is a good prospect of the claim succeeding in court.
The solicitor appears to have spent insurance funds on numerous letters without any real intention of following through with a court claim

[Pezza54]

The best evidence you have are the 2 surveys and any photos that you or the surveyors took of the trader's defective work.
Did the solicitor have copies of these surveys before advising the insurance company?

Is there a possibility your claim could be under £10k?
How much were the quotes you received?

[echat11]

The insurance company will be upset and angry if they find out the solicitor said that.

The solicitor is meant to assess the viability of a claim at the outset, and advise the insurance company if there is a good prospect of the claim succeeding in court.
The solicitor appears to have spent insurance funds on numerous letters without any real intention of following through with a court claim

Exactly that, sounds like the solicitors where looking after their 'own' interests rather then the 'clients' interests.

Depending on what the solicitors comes back with, the Legal Ombudsman might be the OP's next 'port of call'.

[Hilly1995]

If the 'electrics' are 'dangerous' has Trading Standards been contacted?

Yes trading standards were contacted but did not really do anything, Electrics were classed as dangerous by the local council when they came out and did a report for us. Were also told at that stage that due to the new electrical work we should have had an upgraded pcb, additionally because a new ring was added this should have been reported. But we were never told any of this by said builder

[Hilly1995]

We have evidence from 10 different quotes, the council, 2 surveyors reports, photos, Damp readings. The value of the worked is £28,000. There is nothing that can realistically be saved to bring the value below the £10,000 and that's before I look at making any case for 8% interest per year