Builder Bill...court awarded in his favour i knew nothing til 15 mins ago

Good evening...a little background is needed here. Last year in late spring decided to have some work done to our property which was to be done by a good reliable friend. But unfortunately a new contract for his company saw him working away so we lost him. Had a couple of local people come around and then a friend mentioned that someone he knew and his two work mates had been layed off by their company down to lack of work. I met the chap seemed nice enough discussed in some detail work required he did some drawings and gave a couple of prices stage 1 stage 2 etc. The fact they could start almost immediately was a plus for us and so the building work started. The completed stage 1 was ahead of schedule not as much mess as anticipated and everything seemed fine. Stage 2 turned out to be not quite as smooth but they were a nice bunch and seemed enthusuiastic and work ticked along and `good` progress was being made. A few silly mistakes turned up along the way which were annoying to both parties but they were rectified accordingly. We then had a period when the job was coming towards the end on my property and work was started on my elderly father in laws property when everything seemed to be in slow motion.. painfully slow at times with me saying "so whats been done here today"? a good few times. Work went well at my inlaws and when bits and pieces that were needed for my property were delivered one of them sometimes two would go there. Having done a snagging list for my property and it sort of being rushed through and later finding quite a few issues we were glad to have zero builders in our property. The work was finished at my father in laws and one or two problems arose. The chap most local came back sorted a couple of minor issues and said he would make the other chap aware of the unfinished items...to be honest my father in law was going to have them back to do more work but wanted a break from the noise and mess too. The work ended im pretty sure towards the end of last July . We then had a visit from one of the builders who had left some ladders at the side of our property and when he went to collect was really cross as some outside pipe work had not been completed. He said he would inform the others re this. During all the work the builders were payed weekly mostly cash as they asked for it but some cheuques as we didnt always have time to sort the cash out with banks. Materials bills were popped into the equation as the work went on and again duly payed. When skips were required if i was at home i would pay for them. When i had contacts for some plumbing items or double glazing or flooring again i would pay for them this was done without fail or any problem at all. Remember this is now at the end of July...forward to the day before new years eve and i recieve a voicemail message from the builder saying he had had some final bills in and there was a balance of £1500 due. I thought in all honesty this was a joke or a prank of some sort and was thinking of a funny retort or reply but with people staying with us and a busy house didnt. Anyway forward to the bad weather and low and behold the outdoor plumbing came back to prove it should have been done as we ended up with water backing up an pouring in through our kitchen ceiling. In the midst of trying to decide if to call the builder or our insurance company i recieved a text from said builder saying he hadnt heard from me and needed to speak to me. Well as i needed my leak sorting he got a call and i asked him to pop round. He was duly shown the leak took a saw to an outdoor drain pipe and the leak ceased. I then asked him what all this was about trying to ask for more money and he said it was an invoice that had come in late from someones account he had been using for materials on my father in laws work. I told him im sorry but its way too late to start trying to ask for things now so long after finishing the work and not making any form of contact at all. I told him i was very sorry but no i cant help you. I went off obviously unhappy claiming it was affecting his income not being able to use this other chaps account and he felt it was all wrong and off he went. Probably a month or so later via recorded delivery he sent a bill made out to himself from another company with no items identified just stating `materials supplied` for about £2400. I was livid but calm. Then nothing not a thing. I spoke to a few different people about it in confidence and they all said hes trying it on or words to that affect. It was left that was until today when i arrived home and opened my post to find that my local court had awarded him over £2600 and i was to pay it in full before the end of the month! I knew absolutely nothing at all about a court case and need to know were to go from here. Ive just read this back and i didnt realise how much id rambled on...sorry. Just to add he had a little book he wrote things down in i take it money etc we wrote ours on last years calender which we threw out in the recycling before we knew of any of this and at no time was anything signed by either one of us. Where do i go from here...help i feel a sleepless night coming on and we are away on holiday next week too.

Hi AW77, Obviously this is a

Hi AW77,

Obviously this is a difficult situation for you and you need to try to sort it out as soon as possible otherwise you may find that you have a county court judgement against you.

If you did not receive any court papers relating to the claim you must immediately apply to the court to have the judgemnt set aside. You can use this form to make an application to the court to set the judgement aside:

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

You must do this immediately and liaise with the courts about the fees how to serve the notice etc.

You must complete the form and specifically state that you are asking the court to set the judgement aside because you have never received any court documentation and you have not been given an oppourtunity to file a defence to any claim against you.

You need to do this as soon as possible and then you need to speak to the issuing court and ask for a copy of the claim so that you know what the builder is claiming for and then you can put together a defence.

I hope that this initial information helps you. Please feel free to come back on the forum after you have filed the notice and received a copy of the claim.

I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.

Telephone 02476 553181

Gerard many thanks ive been

Gerard many thanks ive been waiting for my wife to come home with the children and wondering wether to worry her about this as shes got a lot on her plate with poorly relatives and our three young children off on summer holidays. Im not really understanding whats meant when you say `my defence` i also havent looked at the form yet plus our printer isnt working at the moment (typical) I can feel myself getting majorly stressed ive an important work meeting to prepare for tonight and i feel i might be still be up meeting the sun rise. Thanks in advance for your or anyone elses input/advise with this matter.

Thanks in advance for any assistance given..its genuinely appreciated

The builder has obviously

The builder has obviously filed a claim against you in a county court. You need to get a copy of the claim he has submitted and then you need to submit a defence to the claim, i.e. if he states that you owe him £2,400.00 for materials you need to set out why you do not feel that you should pay this or why you do not believe it is due.

At its heart this is a contract dispute, you will need to set out what the terms and conditions of the original agreement with the builder were, i.e. how much the work would cost, who would pay for the materials etc.

You must file an application to set the judgement aside as soon as possible. A judgement has been entered against you in default, this means that you have either not responding to the claimants claim or that you have not filed a defence and because of this the court has found in favour of the defendant.

You must therefore inform the court that you did not receive any paperwork and that this is the reason that you did not respond to the claim.

 

 

I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.

Telephone 02476 553181

Gerard is totally correct in

Gerard is totally correct in his advice here.

Profile: I joined Sarginsons from university as an articled clerk in 1970. I am now the managing partner and have wide experience in all aspects of the law normally dealt with in private practice. I believe that a modern high street practice must adapt to the hefty demands of clients and deliver it's services according to the clients wishes.

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