Unsatisfactory building work

[pupil]

I recently had a drainpipe, guttering and facia replaced. It ooked OK and I gave the builder a cheque. About a week later I realised that the facia was too low and the windows could not open fully as they knocked against it.
I contacted the builder who came back and tried unsuccessfully to adjust it.
He promised to come back with the other builder who worked with him.
He didn't arrive and said that his van had broken down. He made another arrangement. He didn't keep this appointment either saying that it was too frosty and the roof would be slippery. He then said that he would come last week to fix things and that he would call me to arrange when he had a date.
He didn't. All this while he has failed to contact me and I have been the one making all the calls and doing all the chasing. He is now not answering my calls. Do I have any recourse in law? Could anyone advise of what steps to take next? Thank you. Pupil

[Zacs-Master]

First question; did you pay him in full?

[tonywiltshire]

You have statutory rights that goods are of satisfactory quality, accurately described and fit for their purpose, if one or more of these conditions are not met it may be that your consumer rights have been breached, particularly if the builder did not point out to you the possible fault which you accepted.

If he is now not taking calls from you this is not good and it may be you will need to take court action. First write to the trader and ask him to contact you to resolve the problem within 14 days, and if he does not you will ask another trader to carry out the reasonable repair and that you intend to recover the cost from him. Check at this stage that he is solvent, there is no point taking action against someone without the means to pay you, and if he is a member of a trade body, if he is make a complaint to this body. If you are ignored have the reasonable work completed by another trader then write to him referring to your previous letter and enclose details of the cost to remedy his work, head your letter “Letter before Court action” and ask him to make payment to you within 30 days or you will take action in the county court with costs, if no payment is received contact your local county court and start action. A few words of warning, if your action in court is successful the court will not recover your money this will still be for you to do, perhaps with action by bailiffs, keep copies of all letters, and if possible obtain a specialist report on the work.

[pupil]

Thank you for this advice tonywiltshire. It has been very helpful.

[pupil]

Yes, Zacs-Master, I did pay him in full.

[boxtops]

For this sort of reason, I always keep a retainer back on building work, I'll usually pay it 10 after the work is finished, just in case of things like this.

[Andy_Thom]

Speak with your local trading standards department, they can give you approriate advice and/or take action if he is shonky!

[pupil]

Thank you all for your help. I contactedTrading Standards who gave very good advice about what to do.
I wrote to the builder but got no response. I then borrowed a friend's phone and called him. He answered and I told him that the fourteen days grace was coming to an end and that unless he remedied the matter by the end of the week I would be going to court. I also told him that I knew where he was now working and that I would be informing his employer about the situation.
Miraculously, he turned up and put things right. Thank you all for your helpful advice. Pupil