i would like to find out what my options are in dealing with this situation.
-what type of solicitors would i need to take this to?
-and any extra information that can help my case would be much appreciated.
You would not believe how common this question is.
A friend of mine is in exactly the same situation. The buildinginspector has given a list of 19 points which need resolving some of which arequite meet major and yet the builders solicitor says that the job is completelyfinished and that his client should be paid.
They have continually refused to reply to correspondence but arevery good at sending their own out. They have continually avoided our suggestedmeeting is on site and have ignored the building inspectors letter which isclear.
Basically, the builder has lied through his teeth to hissolicitor.
It has already been to court once because the solicitor served thestatutory demand and it was quickly thrown out and costs awarded against thebuilder. It is still rumbling on now and the work is still not finished and myfriend is still not paid and he will not pay.
This matter that you have is a plain simple contract dispute andany solicitor who deals with contracts can deal with this for you.
I hope you don't mind me saying what you were to a great extentthe author of your own misfortune because you asked him to quote for more workbefore the existing work had been finished. A fatal mistake.
I think you were probably trying to entice him to finish itdangling the carrot of more work but the mistake you made was letting him startit. He sounds like one of these half job builders who never finishes anythingbefore starting a new one.
I don't know whether the builder is on site or not but you need tofind out how much it is going to cost to get the job completely finished forwhich he quoted. You then give him the option of finishing it or going tocourt.
Although you may not have receipts for what you paid him I do hopethat you did not pay him in cash. If you did pay him in cash, I hope it was notmoney from under the bed and that you do have proof of the money coming out ofthe bank.
If you didn't pay him in cash and you can prove that any elementwas done for cash because it was going to be a bit cheaper because he would notthe vat off, you have a possible defence to any actually brings that it is afraudulent contract intended to defraud HM RC under the law should not assistin enforcing an illegal contract. It is a small legal point but can beextremely successful if you can prove the job was done for cash and he waspocketing the cash.
I assume that the legal letter on his behalf was sent by asolicitor. Whatever you do, do not ignore it. Please remember that you will bein exactly the same situation that my friend is in where the builder will oflied through his teeth to the solicitor and given his own glorified pink tintedspectacle version of events.
You need a complete breakdown of everything that is outstanding.
Everything that has been invoiced.
Every single solitary penny that has been paid and how it has beenpaid.
Then you go back to the builders solicitor (at the earliestopportunity) and tell him what is outstanding, what has been paid (sendreceipts) and telling the builder to get it fixed or you will get it fixedelsewhere and sue the builder for the costs
it is not a do-it-yourself job from what you have told me quitesimply because you need the power of the solicitor's letter to fight fire withfire. There is no legal reason why you cannot do it yourself but I would urgeyou not to.
I am off-line now until tomorrow but will pick this up then atsome stage. I am off and online all weekend spasmodically
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