Statutory Demand Rogue Builder

[frustrated11]

I am trying to recover approx �8k from a builder(ltd co) for the costs of repairs to my house which have left me with a building site instead of a house. Whilst im confident in producting the SD and have organised the process server my query is what happens when he goes for it to be set aside by arguing the cost of the debt. Will i be able to speak with the judge and argue that in fact the debt is due? Im not sure if i would be invited to his hearing for it to be set aside? For the last 6 mths the builder has not answered any of my queries, will not put some figures together for a refund, nor will he come to the house and carry out the remedial works. I have been forced to put this house up for auction because i cannot afford to carry on like this. When he saw that the property was advertised he did have the nerve to call me and ask what my ceiling price was to see if he could buy it. Talk about insult to injury. He is causing me debt which the sale of the house will immediately alleviate but some of my due debt in the SD is for the cost of remedial works which i have not yet had carried out. How do i go about claiming for money which i need to carry out the repairs whilst i consider it is due because the repairs need doing Theoretically i have not paid for the repairs yet. Do i need to have the work done first and pay another builder then submit his invoice or can i submit his quotation instead? Also if i manage to sell the property without doing the works i will have to take a reduction in price. Where do i stand there with the money i will have lost? I have organised for a qualified surveyor to indicate where the defects are and i know his company has fixed assets of �30K approx. I am confident he will not want me to petition for a winding up order but i dont want to fall at the first hurdle if he just tells the judge that he doesn't owe me because i have not paid out yet? Any advice would be appreciated. Thank You.

[shomer42]

Speak to citizens advice bureau. You could seek a CCJ first and then proceed with a statutory demand, presumably so you can make him bankrupt?

[jennyp]

Try asking on http://www.consumeractiongroup.co.uk/, I am sure you will get a response on there, as they are great on the legality stuff.