Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Have you had a surveyor out to look at it yet please?
Ok. I would get a surveyor report and see what the conclusion is.
If it is that the builder is at fault and remedial works need doing then you can present the report to him and ask that the job is fixed.
If the builder refuses you should get a number of quotes for putting the job right. This forms your loss
You need to write and set out your losses and request payment or he does the work within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not do the work or pay 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.
You can then use the surveyor report as evidence so you can show the Judge that the work done is not to standard
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 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.
Can I clarify anything for you about this today please?
No , other than I suppose it will be a building surveyor I look up Directory for and what will a surveyor cost me?
If proceedings are issued and the surveyor is in your favour you can add this to the cost of your claim
Does that help?