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Author Topic: UK County Court Claim  (Read 299 times)
hiyer
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UK County Court Claim
« on: May 22, 2007, 07:02:29 AM »

Hello

I contracted a building company and entered into a contract to build a loft conversion for £70k. The builder progressively took 80% of the contract value from me and did not complete the work and abandoned the project. I discovered that most of the work that the builder partly completed had to be demolished and rebuilt as he did not know what he was doing and the workmanship was shoddy and substandard. He also did not may £18k to his subcontractors for windows and doors and I had to pay this subcontractor £18k to make my house secure.

The contact was between myself and the builder & his Ltd company. All payments were made to his Ltd company. The contract included a clause "If there is more than one person and/or company to each party, this contract applies to all of those people (and company) together, and to each of them on their own'.

The contract was signed by the builder as an individual and a Director of the Ltd company (Builder's mother or wife). I wrote 3 letters requesting mediation or for him to complete the works and received no response.

I lodged a County Court claim against the builder and his Ltd company. I lodged the claim through Money Online website which only allowed a maximum of 2 defendants. So I could not include the other Director as Defendant. The builder did not respond to the court claim either and I have now obtained 2 x judgments (1 against the company and the other against the builder).

I found out that the house that the builder lives is owned by the other Director (his mother or wife).

QUESTION
Given that the other Director also signed my contract (as company Director) and as per clause above, that Director is also liable for the debt, how do I get County Court Judgment against this Director?  Do I have to lodge another claim or is there an alternative?

Thank you
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