Anyone taken a builder to the small claims court?

[alice]

well that's it basically. I'm told it's difficult but has anyone done this?

[alex_b]

I’ve had to do it a couple of times after building work failed and had to be redone.

The claim is pretty straightforward, you do it all online and only need to go to court if the claim is defended and the judge feels it’s necessary.

The big challenge is getting paid after gaining a judgment in your favour. On both occasions the builders essentially abandoned the companies they were directors of and did a runner. The first time I got enough from the company’s bank account to cover my court fees and nothing else. The second time I haven’t recovered anything even after appointing bailiffs.

[malumbu]

Be realistic about how much time and effort you are prepared to put in. I've gone through this route a few times, both on individuals and companies. I've had successful judgments but only got the money back maybe half the time. Enforcement can be time consuming and expensive eg using private detectives to serve notice, or debt recovery companies. That said any reasonable company or individual will not want a CCJ against them. With so much we buy, it is 'buyer aware', although on line reviews have helped. I think I am a savvy consumer but have been 'had' a few times.

Companies may be in trade associations which provide complaint procedures and dispute resolution. My one attempt through the Federation of Master Builders was not successful. That is not to say that it would work with others. Another bit of advice is be polite, and where necessary concilitatory. "I am sure that there is a solution, and that neither of us want this taken further etc" Where the temptation will be to be more confrontational - pay up or else - which I would have been guilty of in the past