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## How AI Legalese Decoder Can Help with Dealing with a Dodgy Builder

Hi there,

I made a money claim against a dodgy builder who turned out to be an alcoholic and was doing a very poor job. I asked him to stop working for me when it I found it became clear he wasn’t working properly and got a RICS surveyor to make a report on the work they had done.

The report was damning and so I contacted consumer direct who advised I should speak to a solicitor. The solicitor advised I should get a survey of the work done then send a letter by recorded post stating the defects that need fixing and give them an opportunity to fix them, and also to include an option of a cash settlement instead. Obviously the cash would be preferred given the quality of their work.

I sent the letter with the information in the survey as the basis along with some photos showing the issues.

The builder ignored the letter and 14 day period I gave them to respond despite it showing as having been delivered.

I then got 3 quotes to ask how much it would cost to put right, all 3 stated that it would cost more to put right than simply starting again.

I then made a money claim for the full amount that had been paid to the builder along with all associated costs that were unrecoverable, used materials, skip hire, machinery hire etc that they used for the project. This totaled approximately £15000, with £7500 approximately of that being what the builder had been paid.

The builder did not respond to the money claim, so I then requested judgment, which was accepted.

The judgment was also ignored so I paid for a high court enforcement agency to take over, who then applied for a high court writ which was granted. The high court enforcement people then sent a letter demanding payment which was ignored, then attended the builder’s address a few times and in that time the builder stated that he was handling the matter with his insurance, and that he had not received any court paperwork at all.

I then find out the builder has made an application to ‘set aside’ the judgment by receiving an order to submit a witness statement and any relevant evidence and attend a 20-minute hearing to decide if the motion will be granted.

I submitted a witness statement, evidence showing the shoddy work, photos from the surveyor, the letter, and proof of postage to the court and serve on the builder also as requested.

I attend the hearing which does not go how I expected it, so I’m here now to ask if this is all normal as all the literature I read states it definitely isn’t.

1. The hearing was supposed to be heard by a District Judge, but the judge not the one listed on the order at the hearing which I know is fairly typical, but they also weren’t actually a District Judge either.
2. The builder/defendant has to this date submitted nothing whatsoever to the court in terms of any evidence, except the application itself with statements that are unsubstatiated.
3. The application to ‘set aside’ the judgment was made around the 20th of April 2024, when the judgment was entered on the 27th of January 2024.
4. The builder stated in the application that they had indeed received the claim but they were out of the country when it was delivered and that they only saw it 7 days before the deadline for submitting a defense/acknowledgment/admit. Though they stated to the HCE agency that they had received no court documents, contradicting their statement to them.
5. The builder stated that the reason they had not responded is because their insurance company had advised them not to respond to the claim at all, until they had arranged some kind of solicitor for him to defend the claim, which sounds absurd to me. They also did not give any documents or submit any evidence to support this claim.

During the hearing, the Judge heard us both, I referred to everything in my evidence and the judge just accepted what the builder said, set aside the order, and gave them another 14 days to submit a defense to the claim or the judgment will be reinstated.

It was a cordial hearing, and I was allowed to say if I was happy about that, which I said I was not, because the defendant has had multiple opportunities to resolve the matter, multiple letters, claim letters, judgment letter, etc.

However, the judge’s reasoning for allowing the set aside motion after I explained this was that they felt because the sum of money was so high (£15000) that it is only right that the defendant gets one last chance to defend the claim if they feel they can.

I went home from the hearing feeling really upset with this, as it does not feel like justice, my relationships have suffered due to the stress of all this, and the judge simply disregarded all procedural norms, from my perspective of the situation.

I would really appreciate some advice on if I have to suck this up, or if there is any way I can appeal the judge’s decision in this case as I want the matter resolved.

Thanks so much for reading this 🙂

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