Ripped off and lost, what should I do?

[ozasco]

Context
I am new to the UK, I arrived in 2019, I managed to get a mortgage and got the house key in August 2021, in Leicester. The house was built in 1972 and was a bit run down, therefore I hired a builder to change the kitchen/living room layout. We agreed on 50% payment upfront and 50% at completion, for these items:

• Relocate the Kitchen's external door and window, while at the same time replacing them with new ones (all material included).
• Relocate the wires and plumbing (we wanted the sink and appliances in new positions)
• Replace the single-glazed patio door on the living room, which was connected to the backyard conservatory.
• Knockdown a stud wall between the kitchen and living room (open plan kitchen)
• Reboard and skim coat the whole room
• Install 10 downlights
• Electrician certificate
• Minor rearrangements due to the list above, such as lowering the outside floor level to accommodate the new external door location

Problem
After doing only part of the work, he stopped working and did not answer my calls and comms anymore. So I've just finished the main bits myself now (DIY) and I finally have time now to go to court against him and resolve other problems caused by the renovation, for which I will ask some advice from you guys here, if you can, please. List of issues:

• I've been ripped off and would like to go to court against the builder.
• I haven't given any notice to the building regs
• I haven't given any notice to the insurance company
• I haven't got an electrician certificate for the rewiring. Besides, I connected/bodged the new circuits to the fuse board myself, but they still need to be fitted more properly, and by a certified electrician.
• No FENSA certifications for the windows/doors fitted
• I would like to sell the house in the near future, and the issues above will be a problem

The kitchen is located on the backside, so we're not talking about front-facing doors/windows, nor is the building listed, so I am not concerned about planning permission.

Some of the problems listed above come from my lack of experience with regulations in the UK, lack of experience with renovations, and pressure to move in quickly, among others. Now I would like to see if you have any ideas about how I can resolve my situation because there are so many things to consider, that I am totally lost.
I am already living in the house and it is fully working and livable now, but I am still finalising some minor works too.

Your help
One of the ideas I had was to use my house insurance to send the builder to court, for instance, because the policy covers legal expenses up to £50k. However, I haven't given them any notice about the renovation, so I don't know if it would cause more trouble than good. Should I give them (retrospective) notice now?
What about hiring a “no win no fee” (CFA) solicitor to take care of my case, instead?
Do I really need building regs and FENSA for the kind of work done? Or maybe I would be better off getting indemnity insurance?
Any ideas?

As you can see, now I know a bit more about the (existence of the) regs, but I am still lost about what to do and how/where to start. Any ideas and opinions are highly appreciated.

 

[The Samaritan]

Hi

You may want to call the local council and ask to speak with the 'duty surveyor' and as about FENSA and building regs - I'm certain you will get some answers and/or making easier for you to decide the way forward.

About not letting the mortgage people know re works many are guilty of that or just not ware/forget. One of my siblings wanted always to build their own property but build plots are almost non existent especially in major cities nice areas so he bought a dauthed property close to one mill - took two years to get planning through and when he got that he had it knocked down then found out whilst during in the pub when a friend asked him , "did you tell the mortgage lenders" - he got away with it as the property was a lot more than the million when finished and they had a 30% mortgage but best to check

so phone the coucil

you could also consider small claims court.

 

[kingandy2nd]

Sorry to hear about your problems.

I can’t comment on the other things, but I work in insurance and can assist with this.

It is highly likely that your legal claim, providing you have legal cover on your home policy, will be managed by an entirely different team (or possibly an outside legal firm) from your insurer.

Read your policy wording first so you understand what is covered for legal expense insurance.

Sometime structural building changes are excluded from cover, but if you describe the main work as replacement of the kitchen, replacement of windows and doors, and re plastering those should be covered.

Call the legal help line about your dispute with the builder. They will want to know the details of the case. I sincerely hope you have a contract or at least written evidence of what has been agreed. They will also need to know the full details of the other party (company name, address, if are they a limited company/sole trader).

It may help if you write the details down, so you can describe the situation to them factually - for example:

“The builder xxx Ltd, quote to undertake xxx work at my property. A contract for £xxx was agreed on xxx date. 50% deposit was paid on xxx date via bank transfer (I hope).

On xxx date the work was started. On xxx date failed to return to site, leaving approximately xxx% of the work unfinished. I have had no contact with builder xxx Ltd since xxx date.”

The legal team will then assess the merits of the case. For them to take on the case there needs to be :
- an event that happened during your policy period (ie you can’t have started the dispute with the builder and then buy your insurance)
- a financial loss/ damages to you (i.e incomplete work for money you can prove you paid)
- reasonable prospects of success (ie more than a 50% chance of winning the dispute - so if there’s a clear contract your odds are better)
- the cost of pursuing the claim must be proportional (ie if the loss is £5000 but it would cost £5000 in legal fees it is not proportional)

Don’t worry about failing to notify your insurers earlier about the work. Not all policies require this, unless you took out the policy after the building work was already underway.

Even if your policy does say that you should have told them, just plead ignorance and say you didn’t know you had to. Don’t suggest to them you forgot, or that you meant to tell them.

Just call the legal help line - they probably won’t even check the records. Even if they do, the insurer will not be able to cancel the policy for that mistake…they may want to charge you some extra premium for the higher risk at your property, but it will not likely be much more money.

Best wishes

 

[Bod ...]

The only advice I can give is what you have learned already....the hard way..

I do feel for you as settling into a new country is hard enough as it is. Getting good trades is a minefield for those born in this country.

Unfortunately these sort of armhole people are not in short supply. I Hope you now go for it and take him to court and win....

Good luck and hope you build a great life here in the UK .. most of us are decent human beings.

 

[motorbiking]

Ok.. lets look at the legal claim for a moment.

You have a few problems.
- When the builder walked off did he tell you why? Have you written to him advising he is in breach of contract? Did you get any estimates from other builders to complete the work?

How much value did he deliver versus what you paid him?
Do you have any emails discussing the scope of work?

To sue the builder,
you must prove a contract existed to perform services for an agreed price. What do you have?
Secondly you must prove your damages. An estimate to complete the work to the original contract from another builder would be perfect. What evidence do you have?
Lastly you need means to pay - no point in suing someone with no assets. Assuming you can build a case you then need to look for unsettled CCJs. I can tell you how to go about issuing a claim once you've got your case ready.

Are we talking more or less than £10k claim? If you paid him half and he walked off half way though, your claim is probably minimal.

The Planning & Building control doesn't sound so bad. You could ignore the planning requirement and hope nobody moans for 4 years, then apply for certificate of lawful development. On the building regs, you can either ignore it or ask the building control team what they need to see to be able sign it off. This may involve digging out some of the plaster to show lintels and closers etc. On the electrics a condition report once you have finished the whole house could resolve that.

Electrics are worth getting upgraded anyway for a 1970s house.

 

[The Samaritan]

Hi

You may want to call the local council and ask to speak with the 'duty surveyor' and as about FENSA and building regs - I'm certain you will get some answers and/or making easier for you to decide the way forward.

About not letting the mortgage people know re works many are guilty of that or just not ware/forget. One of my siblings wanted always to build their own property but build plots are almost non existent especially in major cities nice areas so he bought a dauthed property close to one mill - took two years to get planning through and when he got that he had it knocked down then found out whilst during in the pub when a friend asked him , "did you tell the mortgage lenders" - he got away with it as the property was a lot more than the million when finished and they had a 30% mortgage but best to check

so phone the council

you could also consider small claims court.

I'd just like to add dont give your name address other than state you live within the area.
You will get a lot of good, correct infor from them and then work on that

Re small claims i think it goes up to 10k claims and cheap route but google for the exact amount

Thanks again.

 

[ozasco]

Thanks all for the support.

I think I will ring the council and ask for advice about what to do, without telling them my address.

Good luck and hope you build a great life here in the UK .. most of us are decent human beings.

I had so many problems so far. What I've described is just the tip of the iceberg, but thanks for the support.

Let me answer a few questions, especially to @motorbiking:
The builder had so many excuses, but the last one was that he had terrible chest pain, at the beginning of February, but never answered my calls or e-mails/sms anymore. I know he is ok because since then I:
-Have seen him many times driving his van with his assistant, because he lives nearby. He was probably heading to his other clients.
-Asked a friend to call him at the end of Feb and arranged a visit for a quotation, which he was more than eager to do. We recorded this call as evidence.

However, I decided not to go to his house anymore, because I have been advised by a friend not to do so, to avoid him alleging harassment in the court case. What do you think about it?
The agreement was £11k, from which I paid 10.5k. I do have many e-mails and texts as evidence of the agreement and the issues we had. He delivered something worth around £6k, let's say.
However, I do not have "an estimate to complete the work to the original contract from another builder" so to speak, but I can still get something because I haven't yet finalised everything that he left undone.
In terms of evidence, I took many photos of the state he left the house and I got a witness (the kitchen cabinets installer), besides the many e-mails and SMSs I sent him, which he sometimes replied confirming the arrangements and balance.
In terms of assets, he's got at least a Ford Transit van worth around £6k if I record well.

 

[Deleted member 18243]

Could you denounce the builder?

If you made public the bad work that he has done on the Internet, local papers, lampposts, Exchange and Mart etc., in such a way that it affected his business would you be in the wrong? Probably not, if you were telling the truth and had given him fair warning of your intention to denounce him.

Do be aware though, that due to this country's lax attitude to law enforcement criminals have no fear or shame and so denunciation might have no effect. In Britain, many of the criminal class become "builders" because they cannot get honest employment anywhere else. Many are drug-takers, leading you to the evil double-whammy of the drug-taking cowboy builder.

No offence meant to the honest tradesmen of this venerable and ancient profession, who are the majority.

 

[motorbiking]

So the claim is 4.5k + costs. The claim fee is £205, if he doesn't settle after receiving the summons, then another £40 for the listing and then a hearing fee of £346. All these are included in your claim and are due if you win. Now you need to write him a pre-action letter setting out the claim. Its important to say that you've given him numerous attempts to put it right.

your pre-action letter should include the following:

• your name and address
• the reason for your claim
• a clear round up of the facts
• what you want the trader to do to put things right (in this case partial refund)
• how much you're claiming. If you're claiming compensation for extra costs you've had as a result of the problem, you'll need to show how you have worked out the costs, including interest
• a list of any documents you'll be using to prove that you are owed the money
• an invitation to use alternative dispute resolution like mediation to sort out your problem, if you haven't already tried it
• a date by when you want the trader to give you a full response. This will depend on how complicated the case is, but 14 days is usual
• a request for any documents that you want the trader to provide which will help your case
• a reminder that you will start court proceedings if the trader doesn’t reply to the letter and that this may mean they will have to pay extra costs (set those out as above)
• a reminder that both of you are expected to follow certain rules. These are set out in the Civil Procedure Rules and they aim to make sure the case is dealt with fairly.

As long as your letter has clearly outlined the above and you remain unhappy about his response you can pursue the matter to court.

google pre action letter small claim court for examples

 

[Bod ...]

Could you denounce the builder?

If you made public the bad work that he has done on the Internet, local papers, lampposts, Exchange and Mart etc., in such a way that it affected his business would you be in the wrong? Probably not, if you were telling the truth and had given him fair warning of your intention to denounce him.

Do be aware though, that due to this country's lax attitude to law enforcement criminals have no fear or shame and so denunciation might have no effect. In Britain, many of the criminal class become "builders" because they cannot get honest employment anywhere else. Many are drug-takers, leading you to the evil double-whammy of the drug-taking cowboy builder.

No offence meant to the honest tradesmen of this venerable and ancient profession, who are the majority.

No offence taken..... I see some rough plumbers and I say to.my mate I would never let them in my garden let alone my home.

 

[The Samaritan]

Good morning OP

Yes, please do that and don't give your proper details unless you feel it's an advantage ie to the coucil - many decent people working in them just luck of the draw

Consider small claims like I previously stated as well limit is 10k But ensure the cowboy has money to his name or assets otherwise its a waste of time.

Possibly trading starands as well if there is that department in your coucil as most were closed.

Good luck!!

 

[Notch7]

What was the quality of the work like that he actually did?

My guess is the builder disorganised and doesn’t have the management skills to quote or run projects like this - he has probably run out of money on your job and gone on other jobs to get money in and pay his bills.

How did you hear of the builder - was it from online, like checkatrade or rated people?

 

[ozasco]

So the claim is 4.5k + costs

Yes, plus at least 1 month of rent that I needed to pay because he was late in the agreement and I had to extend my tenancy agreement a bit.

a list of any documents you'll be using to prove that you are owed the money

I will definitely send him the pre-action letter suggested, but I think I'd better avoid telling him which evidence I have on my hands.

I will also call this trading standards thing, which I wasn't aware of.

What was the quality of the work like that he actually did?

Poor, during the time he was doing his job, I was learning and doing DIY on the rest of the house, so I ended up getting sufficient knowledge to know that it was poor.
I had to remediate many things myself.

My guess is the builder disorganised

Definitely. The agreement was that he would provide the material, but I noticed a lot of waste, which was bad for him. I always noticed some labouring waste. He also wasted the door and window that he removed, which I was hoping to reuse to convert my garage.
I was too inexperienced, new in the country, I was trying to rush to stop paying rent and move in quickly, etc. But yes, the signs were there in front of me all the time, and I feel too dumb now to have let this situation go up to this point.

How did you hear of the builder

Online. I brought 3 builders found nearby on Google and also talked to 2 recommendations from colleagues I made here. The problem is that the trustworthy ones are probably the ones that I rejected due to them being unavailable in the short term (I was trying to rush). The troublesome one had more than 60 reviews on Google, 5 stars on almost all of them.

I will denounce him on the internet and everything at some point, but first I need to take the legal measures and get some legal advice. So that I can avoid him ripping off even more people.

 

[Notch7]

Online. I brought 3 builders found nearby on Google and also talked to 2 recommendations from colleagues I made here. The problem is that the trustworthy ones are probably the ones that I rejected due to them being unavailable in the short term (I was trying to rush). The troublesome one had more than 60 reviews on Google, 5 stars on almost all of them.

The irony is that most good tradesmen dont advertise -most of the builders I know get all their work through recommendation and networking.

I'm really sorry to hear about your troubles -its very stressful to have half finished and badly done building work done especially when youve paid most of the money.

 

[cdbe]

Personally I'd forget about it - house probably in wife's name, van on finance etc. Even if you "win" in court (you might, the bloke may not turn up - but on the other hand he might credibly dispute your claim, in which case the judge would probably expect supporting evidence from a qualified building surveyor, not some pictures of loose wires and a pile of bricks off your phone!) you've got another long struggle to recover any money - you will face months of stress, worry and sleepless nights (I've been there and got the t-shirt) probably for nothing.

Put it down as a harsh learning experience and move on - this is a DIY site so spend your time learning and doing the work yourself, you'll probably save all the money back compared with legal action and employing more builders. In my case I got as far as an attachment of earnings; the woman conspired with her employer to say that suddenly she was only working 5 hours a week and the naive judge just threw my claim out.

I gave up at this point, wrote it off as a "life expense" and immediately felt like a huge weight had been lifted off me.

Don't notify the council - they won't offer you any help and might (but unlikely) take action for unauthorised work, and involving them will prevent you from obtaining an indemnity policy if you want to sell the house.

My own personal view - some people don't get stressed by this stuff and almost do it as a hobby - but you don't come across as that type to me. Good luck whatever you do.