Builders not paying!

[chrishaworth]

I agree with Evans re builders but NIC are fairly adamant that if you have done the work then a certificate should be issued regardless of payment. Take what you can get, but if he defaults, complain to the revenue via the CSI scheme - they are extremely heavy handed when it comes to contractors fiddling their tax (as opposed to politicians and bankers).

Cheers. Chris

 

[monkey5]

sorry to drag this old thread back up but have some more probs with the builder now. he was paying me weekly until a few weeks ago when it just stopped, just found out hes doing a CVA- basically cant pay you back full amount but if everyone agrees you might get 30-40% back over 5 years. great!!

any advice apart from a base ball bat around his head just to make me feel better?

it wont even cover my materials, and if i got it as a lump sum could be better and make a difference, but over 5 years it less than 90p a day - whats the point.

cant wait to tell the wife!! bad day explode

 

[Zeespark]

Best to try the small claims court now Monkey.

AndyGuinness

 

[NozSpark]

It could have been worse... He could have just gone bump

I don't know if you can do his, but can you get it with an asset attachment?

If I'm right if agreed to he will have to keep up payments, any default and all bets are off as such and he's back where he started (- any payments made)

 

[Evans Electric]

Go legal on the ******* , the country is full of these so called builders who never pay sub contractors, they're just gangsters who think they can walk all over people.

And in future don't let debts build up with these bloody Shysters, I know you've learned a lesson but the hard way . I've been posting for years, a builder you can trust is a very rare breed , if you find one , cherish him .

90% of builders are full of their own importance.

 

[Andy™]

Go legal on the ******* , the country is full of these so called builders who never pay sub contractors, they're just gangsters who think they can walk all over people. And in future don't let debts build up with these bloody Shysters, I know you've learned a lesson but the hard way . I've been posting for years, a builder you can trust is a very rare breed , if you find one , cherish him .

90% of builders are full of their own importance.

managed to find one of them....

also got plenty of them in the other category of cannot trust

 

[nsbs]

got to be honest, this has happend to me more than once in the last 20 odd years. I dont mess about any longer with small claims court etc. I sell the debit on, at least i get the majority of the debit back.

ian

 

[Sidewinder]

If the guy has gone for a formal CVA then forget the courts you won't get anywhere!

However, do go for the asset attachment if you can, though this will cost money.

IF you go to court, the court will rule in favour of the defendant, trust me, however I can say no more.

Is the builder sole trader, partnership, LLP or Ltd?

This may have some small bearing on the outcome.

HOWEVER, as Canoe ays, if you don't go to the creditors meeting then you have less say.

nsbs,

In this situation it is doubtful that anyone would buy the debt, it is probably loo late for that, though it may be worth a punt.

 

[batty]

Whats the point off it all had a company go bust on me have had about fifty letters and they finally paid out

 

[monkey5]

i intend on turning upto meeting but know the plumber isnt going to bother. there has be be 75% of the debt owed to creditors to accept. i know the tax man is owed the most then a few merchants so really its up to them what happens my debt is small compared. i learnt my lesson wont be doing itagain if i can help it.

 

[SPECIAL LOCATION]

Sorry to hear this Monkey....

If the Tax Man is owed most...

my gut feeling is the Tax man WILL get what he's owed and leave ****** all for anyone else!

headbang

 

[Evans Electric]

Thats about the size of it .

 

[batty]

And if he goes under the liquadators will take the rest.

 

[SPECIAL LOCATION]

Thats about the size of it .

How big?

crbvcurbvubruvbruvbr2

 

[Evans Electric]

Yes about the size of a square pie

 

[SPECIAL LOCATION]

Yes about the size of a square pie

Or a COW PIE...

said Desperate Dan!

 

[Sidewinder]

These days the tax man has to wait in line with the rest of the creditors.

They are no longer "preferred", the only preferred creditors are employees.

If you have a signed contract, or signed terms & conditions, and your invoices state all materials remain the property etc. and you have proof of delivery, then you are legally entitled to your materials back if they are reuseable or re-saleable.

You can use this as a lever with the liquidator, IF you have ALL of the above in place and can prove it.

Your cable for example would be a no no, but say socket fronts & light fittings could be recovered.

Please remember though guys not all companies go under through their own choice, some are genuinely at the end of their options and it is not done to spite people!

 

[batty]

These days the tax man has to wait in line with the rest of the creditors.They are no longer "preferred", the only preferred creditors are employees.

If you have a signed contract, or signed terms & conditions, and your invoices state all materials remain the property etc. and you have proof of delivery, then you are legally entitled to your materials back if they are reuseable or re-saleable.

You can use this as a lever with the liquidator, IF you have ALL of the above in place and can prove it.

Your cable for example would be a no no, but say socket fronts & light fittings could be recovered.

Please remember though guys not all companies go under through their own choice, some are genuinely at the end of their options and it is not done to spite people!

I would agree totally with what you are saying but unfortunately some are just living above there means apparantly the owner of the company i lost money through drove around in a Ferrari so i think he was living above his means.

 

[johninlondon1]

no consolation, but you can right off the amount against your turnover for tax for both materials and labour owed. I had a flash guy years ago on a big plastering job, agreed payments which he never kept to, soon as i got some money off him, i returned all unused materials back to merchants and left job. I lost out on my labour for 5 days but learnt never to trust anybody. What I do is request materials money on start date when I arrive on first day with materials for the job and additional payments after 2 days. If I get any resistance on payment then I leave the job.

 

[Doc Hudson]

What I do is request materials money on start date when I arrive on first day with materials for the job and additional payments after 2 days. If I get any resistance on payment then I leave the job.

If you were ordering a kitchen from B&Q you would have to pay up front before any materials were even delivered, so I think it perfectly reasonable for any small trader to be paid for materials at the start of a job.

Doc H.