legal action against builder who built my porch?

[claire4000]

i have had a porch built in however recently there has been damp seeing through on the plaster through the wall i asked some other builders what the problem with the damp might be and he said that they have built a single wall not a double wall.. so i phoned the company up who built the porch and i have a 10 year guarantee and they keep ignoring my calls they say they will come and sort it out but they are not...

is there any legal advice can i take the company to court and get compensation because i have spent a lot of money on this?? is so where do i go to apply for legal action???

[Buenchico]

Get a fixed quote from another builder for remedying the problem.

Then write to the original builder stating that if they have not fixed the problem, or paid you the sum quoted by the other builder in order to fix the problem, within a specified period (I suggest 28 days) you will commence legal action to recover the relevant amount.

Your letter must clearly show your name and address, as well as that of the builder. It must also be dated. Send your letter by recorded delivery (retaining the proof of posting), keeping a copy to show to a court if necessary.

If you don't get your money (and the builder has not rectified the problem) commence your claim using the online system provided by Her Majesty's Courts Service:
https://www.moneyclaim.gov.uk/web/mcol/welcome

If you'd prefer to place your claim before a court by the conventional route (and/or to find more information about making claims), see here:
http://www.hmcourts-s...bout/claims/index.htm

Chris

[madmaggot]

Just a word of warning here; you could find that you have gone through all this and been awarded the costs + compensation BUT then you have to collect!
I would advise if at all possible try to get the original builder to rectify the work; grovel, plead or sweettalk because this is by far the best way.
Is the builder a Ltd company? He could just cease trading to avoid paying. You might be advised to go after him personally as well as the business, does he have any assets?
It is really best to get some legal advise on this; try citizens advice if you feel you can't afford a solicitor.

[Buenchico]

Further to MadMaggot's post:
If the builder is trading as a limited company you CAN'T "go after him personally' as well as the business". Only the company is liable for remedying the problem (either directly or by paying for someone else to fix it). If it's a limited company you should ensure that your letter is addressed "To the Company Secretary", rather to any named individual. It should be sent to the registered address of the company, which can be found from here:
http://www.companieshouse.gov.uk/
(Click on 'Search company information').

As MM indicates, it can sometime be difficult to get payment even after a court order has been made. If you find yourself in such a position, your options are listed here:
http://www.hmcourts-s...enforcement/index.htm

Chris

[theshedman]

Hi claire, when the porch was built did you have it in writing that it would be a double skinned one. I only ask this because when my sister moved into her house she had same problem and she had to put it right herself. She ended up having the porch battened and boarded with damp proofing built in to it.