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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47340
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We have a judgement against a builder who took our money but

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We have a judgement against a builder who took our money but didn't complete a job and the work was dodgy. We spent more money getting the dodgy work fixed. We're unsure how to proceed now and want help. It turns out he has a history of doing this. We're aware of the options in EX321 and have pursued some but are stuck.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Customer: replied 1 year ago.
For Ben Jones
Thanks, ***** ***** some advice about what to do next in this situation. We are owed money by a builder (over £6000). We have followed the steps in EX321 document (attached) but are now stuck with no resolution.
Expert:  Ben Jones replied 1 year ago.
Please can you tell me whether the builder has offered to pay for any of the remedial works?
Customer: replied 1 year ago.
No he has not. He has not responded to any of our communication since he took the final payment (which was before the work was fully completed).
Customer: replied 1 year ago.
He also hasn't responded to any of the court documents issued to him.
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Just before I finalise my response can you please let me know which options you have already tried and also is he a limited company or a sole trader?
Customer: replied 1 year ago.
I think he would be a sole trader as it was his own business that he worked on in addition to working for other businesses. The company was called AW Building and Landscaping (page 1 of contract attached).
We have already considered:
•a warrant of control (unsuitable as over £5000)
•an attachment of earnings order (he is no longer employed by the company we knew of, not sure who he works for now)
•a third-party debt order (we did this but nothing has come of it)
•a charging order (I think we've already done this).We're not sure whether our only other option is to ask bailiffs to try and recover the lost money for us.
Expert:  Ben Jones replied 1 year ago.
Thank you. I have checked with Companies House and there is no company with that name registered there so it is most likely that this is indeed a sole trader business. This could be good news because it makes the trader personally responsible for the debts of a business. Whilst a limited company owner could hide behind the limited status of the company and not have any personal responsibility, a sole trader has personal responsibility and it means you can also go after his personal assets. In terms of what options you have now, there are really only two viable options left. One id the bailiffs and the other is to petition for his bankruptcy. Neither is necessarily better than the other and it may have to be a case of trial and error to determine that. In the first instance you can get bailiffs involved to enforce the judgment. How successful that is really depends on hat assets he has. It is a similar situation with the bankruptcy – you can petition for this if you are owed more than £750 and an official receiver is appointed to deal with the bankruptcy and apportion any assets or available money to clear the debts. So either option really depends on what he has in terms of assets and money in the bank. They will not clear him out and he still has to be able to continue living and similarly they will not for example sell his house just to clear a debt of £6000. You also need to be mindful of escalating costs and when to draw a line. The reality is that not every debt will be satisfied even if you are 100% in the right and they owe you. Sometimes it simply does not happen, even if you have tried all you can. The danger is that in the process you can spend a lot more and significantly increase the money lost on this matter. So a careful evaluation is needed periodically and you must know when to quit rather than spend money on something which is unlikely to get resolved. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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