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COURT AWARDS ME 62 000 PLUS COSTS..BUT WILL HE PAY?


DAVID
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[:D]

I am happy to say that after a hideous fight with a builder, the 'expert' has now recommended to the judge that the builder repay me in full (62k).

He's a bit of a devious character to say the least.....does anyone know where I stand, legally, if he declares himself bankrupt or even if he 'vanishes'??

Cheers

Dave

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[quote user="DAVID"]

[:D]

I am happy to say that after a hideous fight with a builder, the 'expert' has now recommended to the judge that the builder repay me in full (62k).

He's a bit of a devious character to say the least.....does anyone know where I stand, legally, if he declares himself bankrupt or even if he 'vanishes'??

Cheers

Dave

[/quote]

 

Well done in winning your case.

It would have been better to consider his ability or possibility of repaying you before taking action.

It is usually not the first time these rogues have done such a thing and they tend to know all the tricks. You cannot get blood out of a stone.

Was he a sole trader or a registered company?

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When you the "expert has recommended to the judge" is that the judgement of the court or just the recommendation? 

People we knew had an expert say that their pool had to be completely rebuilt at a cost of 45,000€.  The builder's expert and then the court said it was OK to use save a few minor repairs and after a year of wrangling and legal costs awarded them 250€ plus a part of their costs. 

If you have that as a judgement, well done, if not I'd wait until you get the judgement.  Only good thing is that the pisss artist who used to advertise in the English language papers as "english spoken and welcomed" yes of course he did[blink] has now gone bust[:D].

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As others have said, well done for having the expert in your favour. This reminds me of a case local to us where an (english) plumber/electrician has walked off with deposits from several clients, including our neighbour. The group of them have filed complaints with the gendarmes, but all the crook does is nothing, doesn't even have a lawyer. The bank has closed his account. Our neighbour came across him in a petrol station recently and they had a set-to - said he bloodied the man's nose ([:'(] But this didn't help matters of course.This has gone on now for a couple of years.

It seems almost impossible to get money back in these situations, whatever the legal position might be.

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[quote user="woolybanana"]Move fast, maybe use a huissier?[/quote]

I think I have quoted the case before where I won a case with costs, but the garage went bankrupt, so not only did I lose my money and the car I had bought, but also was left with the legal costs and had to pay the Huissier.

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Not sure if you can ask for a forced declaration of assets via the courts?

If works were delivered via a devis is the procedure now not to go to mateys trade organisation tell them that their guy was found liable and that it will be their pocket / insurer which ultimately takes the hit. (Works unfit for purpose but are they not guaranteed for ten years?)

Costs presumably include for undoing then re-doing the work. (So often people think it's the cost of re-doing and forget about the stripping out of the defective work)

Let us know how you get on?

 

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Hi,

Thanks for all the comments.

The situation is in France, he is an english builder registered to trade in France.

It was a huissier who made the conclusions (on site with all of us, including his trade association rep and lawyer).

He is  registered as SARL and my lawyer, previously, suggested that the court have power to seize his assets if he declares bankrupcy??

I'll keep you posted with progress as soon as we have the judges opinion.

I have highlighted to my lawyer that I am suspicious of him doing a moonlight flit. Even if I force him to declare bankrupcy and dont get any money back I'll feel better about it because, as someone said, I am certain he has done this before and frightened people off with his bully tactics and his wife......!!!!

DAVE

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An English couple we stayed with once, told me that they had a judgement against them in the courts over a mis-representation of the condition of a building that they had sold.

They were given just 48 hours to find the money which was over 40 000€, before their assets were to be seized like furniture, cars property etc.  So Dave, make a careful note if you can of any assets that this bloke owns, house, workshop, tools (UK registered Transit [:D]) etc  in case its needed.

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[quote user="DAVID"]

 

 Even if I force him to declare bankrupcy and dont get any money back I'll feel better about it because, as someone said, I am certain he has done this before and frightened people off with his bully tactics and his wife......!!!!

DAVE

[/quote]

Why, is his name Neil Hamilton (as in husband of Christine?)

Sorry, probably bad joke at this stage.  I hope you get your money back!

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Christine Hamilton is far cleverer and would make a better MP than the idiot she married.

Mind you if she is so clever why did she marry that wimpy moron.

What does annoy me is that she can make money and put everything into her name rather than repay her husbands debt - that is not honest.

 

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Dave I am in the law not here in France but in the UK and where I know what I would do and do it quickly.  However this is a very very long shot but maybe just maybe this guy has assets or a home in the UK or did he simply run from the UK on the same basis.  Judgments (and it does appear you do not have it strictly speaking as yet) her in France are capable of being transported back across the pond especially for the amount you suggest.

If he has assets in the UK it is quite easy to get a charging order on them takes days and not too much money.

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  • 3 weeks later...
[quote user="Dog"]

Christine Hamilton is far cleverer and would make a better MP than the idiot she married.

Mind you if she is so clever why did she marry that wimpy moron.

What does annoy me is that she can make money and put everything into her name rather than repay her husbands debt - that is not honest.

 

[/quote]

"Christine Hamilton is far cleverer and would make a better MP than the idiot she married"

That's damned by faint praise if ever it was ;-)

 

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They both came in to do a bank holiday radio show in the station that I used to work, I avoided them as much as poss coz I don't like what the stand for, but the one thing I did like... Christine was asked who wore the trousers in the household. Her reply was emphatic "Neil definitely does...... but I tell him which ones to wear".
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