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Restoration & Refurbishment

How do I get money back from a cowboy builder?

Anonymous user 09/03/2024 - 3.13 PM

Hello, I hired a builder to complete a massive refurbishment of my house and we have now completely fallen out over the work. It is substandard, various items are not completed/need redoing/were never started, some things like installation of a new boiler are faulty (heating now doesn't work), tiles are broken or falling off, painting is terrible etc., balcony was started and not finished (turns out its unsafe), etc. I gave the builder a chance to make good the work and after another false promise of everything being done in 2 weeks - and the 2 weeks passing with only one decorator in the house (who then had to go back to Poland before 2 weeks was up) - I have told him he cannot come back and I want our money back for the items that need to be redone or were never started. In person, he agreed to a partial refund but now in writing he says he only agreed to do more work to that cost. I told him that's the last thing I want. The original scope of work was supposed to be finished last November and the standard is awful. I contacted the Federation of Master Builders (his company is a member) who said the only outcome they can aim towards with mediation is to suggest he comes back to fix the work - no good. They don't have the power to make any financial awards. My questions are basically: a) are there any other mediation bodies I should be using please? b) is it worth taking him to court? A few people think he will just say he has no money and a successful award won't be able to be enforced; and c) are there builders or experts who can compile a report to state the condition of the house that I can use in any proceedings? If so, who please? All and any advice be very gratefully received. Many thanks in advance, Nicola

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2 Answers

Anonymous user

Sorry to hear this. I my partner used to work in small claims Court & I highly suggest you make a claim. It is not as hard as people say & is designed so you can do it yourself without a solicitor. You can also try mediation https://civilmediation.org/for-the-public/about-mediation/ If expert reports are needed/ordered by the Court, the costs will be split 50/50. The process can be started online. I suggest getting as much evidence as possible. Emails, texts, calls, quote, terms & conditions, photos, reports, anything you have. Don't spend anything before making the claim. If you need help later you can get a solicitor. If reports are needed the Judge will request them. Unfortunately the Court system & Judges are very used to these kind of claims. They can't give you legal advice, but they can guide you. You can start the process online. https://www.gov.uk/make-money-claim After making your claim you will be give time to file paper evidence. Before starting the process, write to the defendant giving them 7 days notice to fix the issues or give you a refund. If you win the claim or the defendant fails to respond, you can then move on to enforcement. There are a number of options available, I suggest you do some research. https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment Hope this helps & happy to answer any questions. CAMeleon Painting and Decorating Services

Answered1 September 2020

Graham Poynter Carpentry/Building & Joinery

Rating: 5 out of 5

Colchester

Nicola, sorry you have had a terrible experience with this building company. I would suggest you get in touch with the Trading Standards Office, local authority building control, a good quantity surveyor and a solicitor. 1st the Qs to come and value the work carried out then the value of work to be completed so you have some figures in place to give to the solicitor when you try to get him to court. 2 The TSO inspector will be able to advise how to go about getting another builder in to finish the work using the Qs figures and how to possibly take things further legally. 3 The LA building control will be able to do a report on the work if you are prepared to pay for their service also if any of the work was subject to LA building control inspection then they would not have passed it. If you go to your local newspaper and give them the story they may help with getting him recognised as an utter cowboy builder. Where did you get him from in the 1st place? Was he recommended to you? If so who by as they need to know what a mess you have ended up in. If he is a member of they FMB they should be duty bound to offer an arbitration service if not then tell them you will go to the Ombudsman service to have this investigated. I really do think that if he was a cash merchant & there was no paperwork then you have a very expensive difficult battle ahead & not many builders would be willing to get involved. Sorry for the harsh reality but it is always difficult to get these people into court, but if you do get a charge placed on his property so he cannot sell it. Good luck & name n shame him on FB maybe.

Answered20 August 2020