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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Still the Cowboy Builder problem: So far: Written Contract

Customer Question

Still the Cowboy Builder problem:
So far:
Written Contract specifying 10-12 weeks to complete works
Written Time schedule breaking down schedule into staged deadlines. "time is of the Esssence"
Time is really of the Essence as I do not have a roof on my house and it is winter and I have a 9 week old baby in the house.
Builder is roughly 4 weeks behind the agree staged schedule. In reality no buildingwork has been done. My roof has been removed, that is all.
I sent the builder a final notice to catch up with the Staged schedule on the 02DEC. Since then nothing has happened. Can I now terminate the contract with him and demand repayment of the deposit I gave him in the beginning or do I need to give him another "chance" ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this,
Alex Watts : For now please let me know the cost of competing and making good L
JACUSTOMER-tcb6cdmh- :

Hi Alex. Im Alex too :)

JACUSTOMER-tcb6cdmh- :

The agreed price to complete all works was 27000

JACUSTOMER-tcb6cdmh- :

The deposit demand at the start was 9450.00

JACUSTOMER-tcb6cdmh- :

it would cost me at least a further 20000.00 to complete the work.

JACUSTOMER-tcb6cdmh- :

I have one estimate for thiss so far.

JACUSTOMER-tcb6cdmh- :

However, I am not interested in getting this paid. At this point all I want i the Deposit back. He will not pay and my experince of making a Limited Company pay a CCJ are bad.

JACUSTOMER-tcb6cdmh- :

Rather all I want is get rid of him and get someone to finish the job.

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
JACUSTOMER-tcb6cdmh- :

OK thanks. At what Stage can I get someone else in to do thee work ? This iss important to me as my house does not have a roof.

Alex Watts : They are in breach of the express time essence terms and section 13 of the sale and supply of goods and services act by failing to act with all reasonable still and care
Alex Watts : once the 14 days is up you can get someone rise to do it, but makes suee you have plenty of photos to show the current state
Alex Watts : Get as many photos as you cam
Alex Watts : can
JACUSTOMER-tcb6cdmh- :

OK thanks.

Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-tcb6cdmh- :

Not right now thanks.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi there is an update with the cowboy builder. Now almost a week after I sent the final letter to him he called me. He said he would come back to work but said he would not be able to catch up with the time schedule. What are my options ?

Expert:  Ash replied 2 years ago.
As I said above if you do not have the £ within 14 days then you issue a claim.
Does this help?
Alex
Customer: replied 2 years ago.

So regardless of whether he shows up and does a little bit of work if he does not catch up with the agreed schedule or refund I can issue a claim ?

Expert:  Ash replied 2 years ago.
He must complete the work by the time said.
Alex

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