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mthomps	Help Please - Builder Nightmares	Lead	[-]
Posts: 48 (23/07/2008 23:25:01) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	Tags : None Hi wondered if anyone could proffer any advice please. We have been having a loft conversion done since January which has been causing no end of problems. We have had a number of issues on the way which all exploded two weeks ago when my husband sacked the builders and asked them to leave the property. The builder got very abusive and demanded payment of the full amount he had quoted on the day he left. We refused as the job was far from compete - even after seven months. Since then we have had three emails from him each one getting more and more agressive and despite our repeated assurances that we would pay as long as he knocked off the cost of the work that he hadn't done. He has now said that he is going to take us to court for all the money he has decided we owe him as well as a boat load of extras he has added to the bill. I am really worried but can't bring myself to get my hubby to pay more than we really owe. Sorry to go on but wondered if anyone had any advice. Thanks Mel
matildasmum		#1	[-]
Posts: 2659 (23/07/2008 23:51:12) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	seek proper advice, it will be worth it in the long run, be sure of your rights then you can fight this cowboy with knowledge. hope things work out well for you, you deserve to have a proper job done by someone competant. good luck, chell x
kiltie49		#2	[-]
Posts: 423 (24/07/2008 00:44:45) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	If you pay him for the work he has done he hasn't a leg to stand on. Doreen x
JACQUI Q		#3	[-]
Posts: 12152 (24/07/2008 00:47:15) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	I'm not sure of the name but there is an association of builders//complaints thingy that you can go through, If you took him on he is supposed to stand by his contract, if the work is shoddy and not completed, you don't have to pay. I think it might be in the yellow pages. the programme on TV that watches cowboys and plumbers and leccys, all that sort of stuff, always said about the association in the programmes. Building regulators or something. Good luck and don't take any notice of his threats, that can work both ways. xx Just thought the CAB might be able to give you the info
mthomps		#4	[-]
Posts: 48 (24/07/2008 01:13:24) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	Thank you all so much for your help and support.I don't post on here often but do read the boards every day. We agreed at the start to pay in three installments and have kept to our word so he has already had three quarters of the cash. He has emailed again tonight saying that he knows we have spent his money a long time ago and that we were always going to swindle him. I do think we do still probably owe him a small amount of money but certainly not what he is demanding. I would just like to get this sorted and have tried to do what both the CAB and the Federation of Master Builders suggest and negotiate with him but he just keeps sending the same message and today sent one saying that this was his final ultimatum and if we didn't pay we would be sorry. Iam not scared physically as my brother is in the police and has already said that we could have grounds for reporting him for threatening behaviour and that he is willing to get someone to go see him if it gets any worse. My main worry is hubbies blood pressure which is already high and my stress levels ... sorry rant over and once again thank you so much for all your kind words they have really lifted me. Love Mel
Robertson 111		#5	[-]
Posts: 6576 (24/07/2008 01:28:54) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	Can't offer any advice, Mel, but I hope you get it sorted out asap Dee x
ymarrow		#6	[-]
Posts: 271 (24/07/2008 02:04:47) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	What a nightmare for you Mel!!! I hope you are printing out and keeping all these nasty e-mails. Also write down as much as you can remember about what he has done and the hours he worked. It doesn't sound as if he wants to negotiate so perhaps a solicitors letter would be appropiate now? It is a real worry I know. Good luck. Yvonne x
Debbie		#7	[-]
Posts: 2315 (24/07/2008 07:46:25) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	Mel In summary: You and builder have a legal and binding contract. He agrees to build you a loft extension to the plans / details specified and you agree to pay him. He has a contractual duty (it might not be actually written down but its called an implied duty / term) to carry out his side of the contract with a reasonable degree of care and skill. Without knowing all the facts it sounds to me like he has breached his side of the contract (by failing to complete and failing to carry out his work with care and skill) and you therefore do not have to pay and you may also be entitled to claim damages from him for the breach of contract and for the additional costs of putting it right and getting it to the state you expected it to be in. You may wish to tell him that you are seeking legal advice and will be instituting proceedings against him for breach of contract. HTH Debbie xx
joanna sheen		#8	[-]
Posts: 15608 (24/07/2008 08:00:18) Administrator Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	I can only add my 2p wrth too and agree - you really should seek legal advice - he sounds like a bully as well as a shoddy builder - do hope you can stay calm through all these nasty threats - a good builder wouldn;t sink so low - he is only proving what a nasty individual he is big hugs Joanna
WSO		#9	[-]
Posts: 955 (24/07/2008 13:15:33) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	So sorry to hear your worrying and frustraiting news. What about calling the Citizens Advise Bureau, maybe they can provide some help and advise. Good luck. Winnie x
playingwithpaper		#10	[-]
Posts: 345 (24/07/2008 14:31:58) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	http://www.swarb.co.uk/phpbb/index.php?sid=85f5179a011195cc33db4507365ff476 is a fantastic legal forum. They should be able to give you some initial advice although I would suspect that they'll recommend you get in touch with your local trading standards and/or a solicitor.
pixiehouse		#11	[-]
Posts: 2829 (24/07/2008 15:06:31) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	Hi All you are legally obliged to pay him is for the work completed as agreed on the origional quote, if this was a proper itemised quote you will know exactly what is owed. If was a just quote for the complete job then you will have to work out what percentage of the work has been done and pay pro rata plus any extras, minus any bad work that has to be rectified. If he does take you to court he will have to justify that any extra costs are for additional work that have been agreed to or penalties that you have agreed to by accepting a contract with terms and conditions included. If he persists in sending you nasty mail remind him that it is against the law to send threatening messages Colin
Cdteach		#12	[-]
Posts: 1846 (24/07/2008 19:36:09) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	Do you have legal advice with your house insurance as a letter from them to the builder might do the trick. I agree with what everyone else has said, and you need someone from building control (local council department) to check it and see if the work done so far has been done correctly, if not you will have evidence of a bad job. If you then think he's been paid for what he's done, call his bluff, tell him you'll be only to pleased to have this settled in court. I stood up to a builder and made a list of the things I was unhappy with against what was listed on the quote and in the end they refused to correct it saying they would waive the remainder of the bill as it would cost too much to put it right. It took me and my brother 2 weekends and under £100 to finish it to my satisfaction. Some are lazy, some aren't up to the job and some are incompetant bullies. I wish you luck. If you find a good one hang on to them. Jan
murchison		#13	[-]
Posts: 5284 (24/07/2008 19:49:36) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	try the C A B sometimes they do a phone in
gill70		#14	[-]
Posts: 186 (24/07/2008 19:49:57) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	Can't help with the legal side but just wishing you the best of luck with all your efforts I know how these things can affect you - just remember to try and keep calm and think This too will pass. Good luck
kiltie49		#15	[-]
Posts: 423 (24/07/2008 21:06:27) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	My hubby is a Chartered Surveyor and says you should take legal advice. You have done nothing wrong and it would be easier for yourselves to let a lawyer deal with it. If you have to go to court, if he loses the case, he pays all the costs . That's how it is here in Scotland, might be different where you are. Worth a chat with a lawyer and he will set you right. You wont have to deal with nasty emails then. Doreen x
bonjourno		#16	[-]
Posts: 1914 (24/07/2008 21:39:09) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	I agree with the suggestions of involving CAB and legal advice, and would also suggest that you tell this nasty piece of work you'll be consulting Trading Standards offiicers in the morning. Good luck.
mthomps		#17	[-]
Posts: 48 (24/07/2008 22:17:40) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	Huge thanks to all of you for your kind words and support with this. I feel so much better and will be taking up your advice - we have decided that we will take legal advice and if necessary will take him on - I just don't think I could live with myself if we backed down. Once again thank you all Love Mel
ymarrow		#18	[-]
Posts: 271 (24/07/2008 23:45:00) Reply Quote More My Recent Posts Message Me Connection Blocking Invite Ignore User's Posts Report Post	Good for you Mel. Let us know how you get on. Lots of us on your side. Yvonne x

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