The builder had until the 13th February to pay the £80 to the courts in order for him to carry on the claim which is set for 5th March.

I get his evidence through on the 12th of February that he intends to use in the courts. I also submitted my evidence back to him along with a copy to the courts that I also intend to use in the courts and he received this yesterday and so did the courts.

I had until 2 weeks before the trial date of the 5th March to send in my evidence so it had to be submitted by tomorrow ‘20th February'.

I receive a letter through from the courts this morning stating that the claimant has failed to pay the small claims hearing fee of £80 and the claim is struck out.

How has/is this allowed to have happened as it's disgusting.

I suppose at the very least he got to read my evidence and now realises just what a billy bullsh1tter he's been made out to be.

In reply to Post #41
So you've got no recourse legally other than I assume sueing him?

In reply to Post #42
It's concerning my half of the canopy that he wanted payment for and I refused payment and explained that when the issues are put right with it then I'll pay. He obviously didn't think anything was wrong with the canopy due to him issuing his claim for money through the courts. He has now decided not to continue with his money claim.

It's nothing to do with me suing him because it's my daughters home that he's destroyed and is in the hands of solicitors who are in the process of sorting the mess out.

In reply to Post #42
My daughter has a brain injury and as such has court of protection in which her solicitors look after her both her finances and wellbeing.

She purchased the house next door and amongst other work carried out to her house she was to have a canopy built above her front door.

Before we/I found out how bad the builders were I'd asked the builder if he'd be able to extend the canopy so that it covered my front door too which he said he would. I said that I would cover the cost of my half of the canopy. As it turned out the whole canopy ended up a bag of 5hite. When he invoiced me for my own half I said that I would pay it when he put the problems right with it. He obviously thought that there were no problems with the canopy due to him then issuing me with a claim for money through the courts.

As it turned out regards the canopy we had to go to a preliminary hearing at the courts in which a date was set for it to be heard in the small claims court. He was informed that if he wished to proceed with this then he would have to pay a further £80 by such a date. To cut a long story short the courts wrote to me stating that the claimant has failed to pay the £80 by that date so therefore the claimants claim has been thrown out.

Regards the work carried out to my daughters home a chartered surveyor was employed by her solicitors to oversee the work. It turns out that the house has been completely wrecked but for some reason the chartered surveyor had issued the builder with a practical completion certificate.

We had to have an independent living accomadation expert in to take a look at the works carried out by the builder. He was appalled by how shocking it was. He then had a meeting with the builder who had wanted x ammount of monies for his work. The builder was told that to be realistic and that you won't be getting near to the ammount of monies you're asking for.

The builder accepted a 5 figure sum less than he had wanted. The builder could have stuck to his guns and had it all because he had been issued a practical completion certificate by the surveyor.

That practical completion certificate should never have been issued to the builder. Now that it has been issued my daughters solicitor will now be going after the chartered surveyor to not only recover the costs that the builder has been paid but to also recover the costs that it's going to take to put this sorry mess right that they've made to her home.

Now there is a new building company in place due to start this coming Monday and a new chartered surveyor in place too to oversee the project in stripping all back to brick and to put all of it right.

Edit - In short the builder has got away with it because of this wrongly issued practical completion certificate that he was given.

In the short and long term I hope that his business suffers as solicitors involved in the case will obviously not recommend them to anyone and I myself certainly won't and I'll keep my reviews of their company to myself until all of these legal issues are finished with.

Wherever I'm able to leave reviews then rest assured I'll be doing exactly that as to warn others of these shocking builders.

I feel for those that are going through the same sort of things with these builders who don't have the protection that my daughter has and believe me i know that there are indeed others too.

In reply to Post #43
It's nothing to do with me suing him because it's my daughters home that he's destroyed and is in the hands of solicitors who are in the process of sorting the mess out.
Apologies, by saying you I meant your family.
It'll be interesting to see what comes of pursuing the Chartered Surveyor, looks like he doesn't have a leg to stand on! either way I'm sure you could all of done without this :-(

In reply to Post #45
I'm with ya mate.

Thanks mate and hopefully the legal side of things gets sorted to a satisfactory conclusion but it'll be more about talks between solicitor and chartered surveyor without hopefully the need to go to court.

The new builders should have it all corrected and hopefully a lovely home to move into in the summer.

Thanks mate.

Update.

The builder applied to the courts to have his claim reinstated against me after he have missed a deadline in paying a court fee.

To cut a long story short the hearing was today and I went along to have my input but he has managed to have his claim reinstated which I am pleased about.

In his claim he claims that I was abusive and aggressive to him and the contractors that he had used.

Therefore I would have expected to have seen copies of a risk management plan put in place as to minimise harm to him and them.

I would have also expected to see enclosed copies as his evidence of signed witness statements who I had supposedly abused and been aggressive to.

All i get enclosed that he intends to use as evidence in these claims are 5 photographs of the canopy......I kid you not....

He even said to the judge today that I could not use the evidence I had passed to him that I intend to use because he had received it too late......Well, in fact he received it 15 days beforehand which was a day early actually.

His face was a picture when I informed him of the date it was signed for by his director ‘well, his mum actually'. Not my fault if mummy had passed it to him a few days later....

Thank goodness for next day signed for guaranteed before 1pm delivery.

Oh, and I'm awaiting the new court date to come through.

The guy is a monumental bell.

In reply to Post #47
You should have your own show on Channel 4.

In reply to Post #48


It's all very entertaining.

Going see if Dom would like to do a shoot or three.

Update.

To cut a long story short a telephone conversation ensued this morning with the builder and the courts.

It was due to last 30 minutes.

I was told that the canopy does have a value and if I wish to proceed with mediation today then I would have to acknowledge this.

If something that has been built ‘namely a canopy' does not meet regulations and standards then how could it have a value when it's not serving a purpose that it is supposed to?.

I explained that I do not accept that it has a value due to not meeting regulations and standards. I was then informed that it would now have to be decided by yet another telephoning meeting ‘in due course' which will be listed as lasting a possible 2 hours.

Any input be greatly appreciated.

Thanks in advance.

Edit - for those that may have not kept up with this thread then the builder in question was given ample opportunity to do so to put it right. Obviously he felt he'd explored every opportunity and because of this issued his claim for money against me. The very next day having the builder read my reply to how I plan on getting my evidence together his mother telephoned asking if her son and her husband could call to my property to put the canopy right.

Seems to me that after he had read my reply and how I planned on busting the evidence he claimed he could provide to the courts that he wasn't going to provide it as easy as he thought he would do hence to why his mother telephoned offering to now put the canopy right.

Not bad too considering that in his witness statement he claimed I'd being aggressive and abusive and yet here is his mum asking me if they could come to my property. No evidence of his accusations only 5 submitted photos of the canopy he built. Anyone would think I'm disputing that he even built it.

In reply to Post #50
Maybe give the canopy a nominal value of £1?

Hope you get this sorted.

In reply to Post #51


Understand what you're saying but imagine if they'd have valued it at half of just over £475.

It's unbelievable and thank you mate.

Uncovered other major issues.

First floor bedroom floor was inspected by a structural engineer to see if it required reinforcing in which it did. Since discovered that despite being signed off as completed it was never done by the builder, well certainly not to the recommendation. New chartered surveyor involved cannot make any sense from how the builder has tried to reinforce it and makes no difference in adding any support. Edit- Still, not to worry as there is only electric cables and water pipes that run through the joists.

Drainage makes no sense whatsoever and also being questioned is regards the soil pipe as they don't even know where the ***** etc is going to. As such an inspection and report has got to be undertaken,

Been pretty much relaxed over it all but now I hope that whatever happens the health and safety ‘or whoever become involved' have to become involved.

In reply to Post #53
Have Channel 4 signed you up yet? They'd get a couple of series out of this saga.

In reply to Post #54


Thank goodness my daughter was never ever in a position to move in because imagine going through the bedroom floor where cables and pipes run.

It's pretty disturbing to be honest.