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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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Wonder if you can help? I had a house extension built by a

Customer Question

hi, wonder if you can help?
I had a house extension built by a local Aberdeen builder 2013. All paperwork (quotes etc) was in the company name.
I thought I was getting a reputable building company with a squad of workmen, but actually only 2 ever appeared on site.
They worked sporadically between November 2012 and June 2013 when they simply disappeared one day and did not return. Leaving me with a half finished extension and a house that wasn't water tight!
I had paid over £50,000 for the building works, including materials which never appeared and work that was not completed.
The addresses i had been given by the builder were incorrect and i had no way of tracking him down.
I later received a note through the front door from another disgruntled customer saying that his company had actually gone into liquidation before he started work for me - he had never mentioned this!
He insisted that all money was paid directly into his personal account, which later made sense.
I then had to find another builder to finish the works, and to correct some major problems that he had left, and had to find the funds to pay for it. The work is only just complete now.
The builder has recently contacted me via the LinkedIn website wanting to connect as a future contact! I simply cannot believe the audacity of him! He is no longer working in the building trade, but i do now at least have an employment address for him.
As he undertook the work fraudulently (by not telling me the company was in liquidation) and took several thousand pounds from me for work that was never completed and materials that never appeared, is there anything i can now do to get my money back?
Submitted: 1 year ago.
Category: Scots 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.

Expert:  Ben Jones replied 1 year ago.

Have you already responded to his recent attempt of contacting you?

Customer: replied 1 year ago.
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 in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

I have looked into your query in more detail but unfortunately as you appear to be in Scotland it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Expert:  JGM replied 1 year ago.

I am a solicitor in Scotland. In my opinion the builder is personally liable for your losses here. The measure of your loss is the total amount paid by you to him and to the builder that finished the job less the original contract price. He has of course exposed himself by trying to collect on Linked In. I would accep his request, find out as much as you can about him and raise court proceedings via your solicitor as quickly as you can. If the company went into liquidation before he started your contract then the company is irrelevant and he would become personally liable, certainly from the information you have given me. Happy to discuss. I hope that helps. Please leave a positive rating so that I am credited for my time.