A lot of us have been stung by a dodgy builder at some point in our lives but thankfully we have the information to fight back!.
Due diligence -
Check their credentials (are they on checkatrade.com, what are their online reviews like if any?), do they have a limited company or are they a one man band?. Ask for references if possible and pictures of previous works. Do they have an address - if they don’t or they refuse to give one then why?.
What to do first -
Ask for a defined quote, ask for a scope of works, ask them to confirm they will agree to a timeframe to complete the works. Do not pay for it all up front - pay a deposit and money for materials (balance on completion). If possible by pay bank card or credit card. Cash is OK but be extra careful!
What if the work is poor/faulty? -
Raise your concerns with them, stay calm and be polite if possible. Ask them to rectify any poor work at their cost and in a timely manner. If they refuse, remind them of their obligations under the Consumer Rights Act 2015. All being well they will return and repair any work to a better standard. If you have lost all confidence in them, tell them you are terminating and do not ask them back - remind them you do not want them on your property and if they ignore this you will call the Police due to trespass. You can consider suing the builder for any loss later and any time up to 6 years (under the statute of limitations)
What if they are aggressive or ask me for more money? -
First thing’s first, this is YOUR property. You can ask them to leave if it gets nasty. If they refuse, call the Police. You can refuse any demands for more money - many builders give a story about needing more for “cash flow” but this is their problem and not yours. Do not pay anything more other than the quote - unless you agree but be careful as they may ask for more and more.
What if they walk off / disappear? -
This is breach of contract on their part so they need to refund you. If they refuse are not traceable you may need to get another builder in to finish the work and pay them - you can sue the original builder for your outlay. If they have disappeared you may need a debt collection company (as they can check the credit report to find the builder’s address) or a litigation tracing agency. You can add this trace fee to what is owed.
How do I claim? -
We have an online tutorial on this (issuing proceedings) and online templates
We can offer a drafting service at an extra charge for a letter before action which is required first. https://www.law-clinic.co.uk/book-online
You will need to send the LBA (letter before action) to the builder, give them 14 days and threaten to go to Trading Standards if they do not pay you back (and to the Insolvency Service if they are a director of a limited company). You can issue a claim online here: https://www.gov.uk/make-court-claim-for-money/make-claim
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