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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5016
Experience:  Solicitor
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A builder used a guaranteed tanking system to convert my

Resolved Question:

A builder used a guaranteed tanking system to convert my cellar but the product failed. The builder is suing the supplier of the product & paid for a new tanking system to be applied in my cellar. However, as the cellar had already been converted into 2 rooms (utility & bathroom) all this had to be ripped out.
The builder could not re-fit the cellar after the 2nd tanking system had been applied due to ill health, so I had to get a 2nd builder to finish the job.
I understand that the builder is currently in mediation with the original supplier to get compensation but as I am out of pocket to the 2nd builder, where do I stand on reclaiming my costs? The builder is insured but he has told me that he cannot claim until he knows how much he will get from the supplier. I have given him a breakdown of out of pocket expenses but so far I have been relying on goodwill to progress this.
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

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

What would you lik to know about this today please?

Customer: replied 1 year ago.
Potentially although I have to go out shortly for the school run. Can we just keep to the initial written answer & we can go for a full discussion another time, if need be?
Expert:  Jamie-Law replied 1 year ago.

Sure. Do you want to know if you can claim these costs of the first builder?

Customer: replied 1 year ago.
I know I can claim my costs, it's how do I go about it if he or his insurer don't pay up?
Expert:  Jamie-Law replied 1 year ago.

You need to write and set out your losses and request a refund of those additional 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/n1-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.

It makes no difference if the 1st builder has retired, the claim is against them

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Is there a time limit to claim against him?
Expert:  Jamie-Law replied 1 year ago.

6 years from the date work was completed by 1st builder

Does that clarify?

Customer: replied 1 year ago.
How much of my outlay should I reasonably expect back? Surely if he's insured it should be 100%, shouldn't it? I think he is relying on the mediation result from the supplier to compensate us both which would mean that we wouldn't get as much back, should I agree to this or demand the full amount regardless of what he is able to get?
Expert:  Jamie-Law replied 1 year ago.

Yes that is correct. Just the extra costs

Does that clarify?

Customer: replied 1 year ago.
Sorry, please clarify; should I demand 100% or agree to settle on a lower amount?
Expert:  Jamie-Law replied 1 year ago.

100% of that amount. Does that help?

Customer: replied 1 year ago.
just wanted to be sure.Lastly, should I continue to reasonable as he has been playing ball (albeit for ages now) & wait for him to settle with the supplier or just go ahead & sue now? My expenses amount to around £17k.In addition, the outlay was paid by my Ltd company although the work was done on a house I own. Does this make any difference? Should I sue, or the Ltd company?
Expert:  Jamie-Law replied 1 year ago.

Its up to you. If your expenses wont change then you can sue now.

If the ltd company paid then really it should be ltd company that sues to get the money back.

Its not your money, it belongs to the company

Does that clarify?

Customer: replied 1 year ago.
that's great.Can I come back to you if I have any further questions (there's bound to be something that I forgot to ask)?Otherwise you have been most helpful.Thanks.
Expert:  Jamie-Law replied 1 year ago.

Sure. If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance!

Customer: replied 1 year ago.
Sure, okay.Just thought of something; who could I get to represent me (the co) if it goes to court?
Expert:  Jamie-Law replied 1 year ago.

You can represent the company

Does that help?

Customer: replied 1 year ago.
No, sorry. I meant legal representation.
Expert:  Jamie-Law replied 1 year ago.

Yes you can get a Solicitor if you wish,

If you win then you can claim those costs back

Does that clarify?

Customer: replied 1 year ago.
I assume a local solicitor would do? Via Yell,com for example? Or is there another way of finding someone good?
Expert:  Jamie-Law replied 1 year ago.

Yes or:

http://solicitors.lawsociety.org.uk/

Does that clarify?

Customer: replied 1 year ago.
thanks.All done. How do I rate you?100% btw.
Expert:  Jamie-Law replied 1 year ago.

Click on the 5 stars or happy face!
Thanks!

Customer: replied 1 year ago.
How can I save your answers?
Expert:  Jamie-Law replied 1 year ago.

They are saved into your account. You can come back at any time

Does that help?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks.Bye now.
Expert:  Jamie-Law replied 1 year ago.

All the best.