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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Contracter who had partnership with a builder is no longer

Customer Question

Contracter who had partnership with a builder is no longer in partnership with the builder,builder has not been fully paid by him,I have made weekly payments of £5000 totaling £55,000 to the contracter for the past 3 months, quote for the works was given by the builder £75,000,contracter accepted the quote as they were in partnership, but when I signed the works agreement only the contracter was present,as only his signature is on works to be carried out paper,builder has calculated only about £30,000 has so far actually been spent on the house works,contracter insists all the money has been spent on the works,which is a lie,he is just a compulsive liar,when some extra material/work is required which is not in the agreement,he has requested more payment for the works/material than the going rate,as the builder has told me of true cost,for example he has bought a new staircase which he has insisted cost £600 whereas I have the receipt,which came with the delivery note it cost £200,it is not hardwood which I had requested but MDF material, when the builder gave the estimate for the works it was with good quality middle range materials/items,yet he keeps on wanting to provide cheaper stuff,I don't want to continue with this contracter,builder says you require at least £35,000 to finish the works, as only £20,000 remains,if he does not give me back £15,000, can I take him to court to recover my money?.contracter has no building skills,he just somehow managed to form partnership with the skilled builder,the contracter has recently opened a plumbing shop,having spent some of my money for the house extension,please advise.
Thank you
Regards
Na
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear, you have been lied to and that lie induced you into the contract?
Alex

Customer: replied 1 year ago.
If he does not give me back the money,can I recover it from him?
Customer: replied 1 year ago.
Yeah I guess,he's been only interested in the money,
Expert:  Ash replied 1 year ago.

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.
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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
I've been paying him online from my account to his,if it go's to court will he be liable to a disclosure of his bank account to see where the money has gone?
Expert:  Ash replied 1 year ago.

Yes and especially if you get an order for disclosure.

Does that clarify? Alex