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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33037
Experience:  Over 25 years experience in law
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I am renovating a property in Kinross own use or my

Customer Question

I am renovating a property in Kinross for our own use or my daughter (a local teacher) and the roofing contractor from Edinburgh let us down. A £9,500 reslate etc failed to keep out water and was generally substandard. I advised the roofer and he made no offer or effort to rectify. I had to employ another builder to seal the roof and remedy problems. For their work, and architects report I requested £3,957. I intended to issue a Small Claim via Sheriffs Court but first asked Citizens Advice. They advised Edinburgh Trading Standards and involved Trusted Traders who mediated with the Trader for a reduced payment of £2947 in final settlement. The trader eventually accepted the amount with the mediator but insisted he can only pay at £150 per month. I cannot afford to wait 20mths to collect the money as we have already spent this sum. The project is 6 months behind and costing £600 month (based on my daughter's rent and council tax).
Can I still go to Court for the amount he agreed to pay in full or at least much improved and enforceable instalments. Please can you advise on what steps can be taken.
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
Well it rather depends on the terms of the agreement with the mediators - if the agreement was mediated on the basis that this resolved the dispute and negated the use by either party of court proceedings save for non compliance then you will be estopped from taking the matter to court save of course for non compliance. As such you will need either to check the paperwork or this with Trusted Traders. That said if he breaches the schedule for payment you would be able to take it to court. The key is the wording of the agreement. Happy to discuss. Please rate positive
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Customer: replied 1 year ago.
Thank you for your first reply. I am not aware of any agreement with Trasted Traders or Trading Standards that this help in resolving the dispute had any pre arranged terms. Throughout the solely telephoned based conversations I referred to taking it to small claims court if I could not get payment in full. The £2947 was arrived at because it was below the £3000 claim limit and is the actual amount of bills to date less sum outstanding on roofing quote..
I have not accepted the settlement arrived at but surely this sets a baseline in Court that the trader accepted the amount but need s "time to pay". I need to ensure he has no means to pay. I even offered to take a credit card payment in full.
I cannot see as a successful "trusted trader" he cannot pay for his errors and incompetences. I have photographic evidence and my Architects report on faults, poor quailty etc.
By the way, am I paying for your advice and if so how? I paid a deposit but not sure what happens next, Sorry to raise this.
Expert:  Thomas Judge replied 1 year ago.
That makes sense - it would make a baseline for court on the understanding that the mediation was not priviledged.