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JimLawyer, Solicitor
Category: Law
Satisfied Customers: 9935
Experience:  Senior Associate Solicitor
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If a builder built a roof and created a hole for the window

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Hi. If a builder built a roof and created a hole for the window which then another contactor fitted fully but then the window did not open properly and the clients are blaming the builder not the window fitter ( who if there was a problem should have flagged before or correctly measured the window that was ordered for the opening)is the correct. What can he do as they witholding the £5000 they owe him Thank you
JA: What steps has he taken so far? Has he prepared or filed any paperwork?
Customer: No none
JA: Where is the property located?
Customer: near Crawley I think
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am trying to help the builder out as he is polish, I am a developer who has worked with him in the past and will do in the future and just want to make sure he knows what todo

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

The window fitter should have measured the recess properly - so this is not the builder's fault from the facts of your case. The clients need to pay the builder as he has done his work properly. The clients could withhold it if there was breach of contract on the builder's part, or if he had not carried out the work with reasonable care and skill (per the Consumer Rights Act 2015).

I would recommend that the builder sends the clients a formal letter before action to demand payment within 14 days and say that if they do not pay, county court proceedings will be issued against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation.

You will need to register at so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

Claims between £10,000 and £25,000 are subject to fixed costs only so if you lose then the risk is minimal. Further, the money claim website allows you to sue for an amount up to £100,000.

You would claim the sum for the loss, the court issue fee (details of the money claim fees are listed here at page 5: and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee. If this applies, let me know as you cannot use the online money claims site – you have to use the paper N1 claim form and the EX160 fee remission form (I have copies).

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), apply to summons them to court for questioning, attachment of earnings order against his employer (if employed) - all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,


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Customer: replied 7 months ago.
Thank you so much thats really helpful. Of course I will write a glowing review. Thank you so much Lara