No win no fee for trade disputes

**amestaper** · 11-10-2009, 07:37 AM

Is this a good or bad thing and a sign of things to come?

A law firm has launched a free service on a no win, no fee basis to help businesses which have been involved in construction or engineering disputes. They will then act to recover money due as a result of an a courts decision.

http://www.dwf.co.uk/news/xprNewsDet...etail&news=654

**saleen836** · 11-10-2009, 10:47 AM

I'm surprised it has taken this long to move over from accident claims on a 'no win no fee' basis. After watching the tv program 'cowboy customers' the other week where even after a CCJ was issued by the courts the builders were still not getting any money things like this can only be a good thing perhaps?

There is no downpayment and the premium is deferred and recovered from the other party.

I would assume this to mean they recover their costs from the other side?! I would hope so anyway as it isn't unheard of for 'no win no fee' lawyers to deduct up to 40% to cover their costs.

**amestaper** · 11-10-2009, 11:40 AM

There must be something fundamentally wrong with the law in the first place if having already lost a dispute in court, you're ordered to pay up but choose not to.

Surely?

**saleen836** · 11-10-2009, 12:23 PM

Originally Posted by amestaper

There must be something fundamentally wrong with the law in the first place if having already lost a dispute in court, you're ordered to pay up but choose not to.

Surely?

One would think that yes, I would think the law needs to close up the loop holes that these non-payers are aware of and use, the tv program was indeed an eye opener! especially to find out that if for instance you build an extension for a customer as soon as it is finished it becomes part of THEIR property if they choose not to pay up the law is on THEIR side

If anyone watched the program ,the builder that took back his conservatory and knocked down the front porch was able to do so by obtaining permission from the council who own the house the cowboy customer lives in, had it been a private residence the builder would have been liable for arrest and charged with criminal damage, but getting back on topic, if people choose not to pay and know the loop holes etc and say they have no money a 'no win no fee' lawyer most likely wont bother taking on the case as they know full well they can't get something that isn't there! If the law changed so non paying customers had goods confiscated to cover costs maybe more and more people would stop and think before trying to rip people off.

**herbert** · 11-10-2009, 06:37 PM

i saw the programme in the moment i feel we are as subcontractors in a losing situation

I lost all together a bid of money lately £4k and don't know how to recover some of it
I may contact the Law firm

**Deck** · 20-03-2010, 02:55 PM

We nearly got stung once but it wasn't from a cowboy customer but a shop fitting contractor in Edinburgh-I wont mention their name! However after frequent telephone calls and emails it took a visit to their office to finally get our money. F**k them - we did the work and there was no way we were not getting paid, whether in money or self satisfaction if you know what I mean

**theblones** · 21-03-2010, 08:59 AM

These no win no fee make everything sound so easy, its bullshish!!
Firstly imagine you had nothing else to do but chase your money. Then you would be able to dedicate all your time to getting what is owed to you. This firm concentrates on just that.

No Win No Fee is not a free pass. If they win they take the cut out of your money and i bet it is a pretty healthy percentage.

Secondly they wont get involved in direct disputes. If a builder wont pay you cos he says you did a bad job they dont want to know. They are only interested when the court or adjuticator has given you judgement, (thats the hard work)

Thirdly avoid most companies that are ltd and merely provide a service. They dont have any assets, the cars are leased as are the computers etc. baliffs are not allowed to collect any tools etc because that hinders the companies chances of earning money and if its a registered office they cannot remove anything. Avoid court baliffs, they are pansys

I speak from experience, i have had bad debtors quite allot in my 20 year span on the tools and running a business and it usually ends in these ways.

Bloke tucks me up, its a small amount i tell him never ring me again

Ditto the bloke gets me angry aswell and i threaten to get revenge (Never bother as i'm too busy and i was blowing hot air)
Bloke tucks me so i take it to court ( he usually settles out of court full amount plus costs and always moans he hasnt got time for this messing about so its easier to pay it blah blah bullshit)

This above method works the best as most people rely on credit and dont want a ccj

Bloke tucks and gives no reason, he loses in court and still wont pay. see all above and decide to give up or go further. Best option is a Winding up order to which they must settle in 7-14 days. By settle he may only offer a tenner a week so is it all worth it. I have this ongoing (Wye property care) and now some debt management firm has rung me to say they have an offer to me currently in the post regarding this dispute.

My opinion is that if you pay to take someone to court and you win, the court should pay you there and they should recover the money. They would see first hand all the crap that goes with it and pretty soon the law would change

**theblones** · 21-03-2010, 09:05 AM

oh yeah anyone who gives it the big... i will smash him up..do his car... blah blah is usually full of shiiit.

I've heard all the stories but never actually seen it with my own eyes, if the bloke aint gonna pay he is either stalling, skint or both so he wont care about a rumble, and most of these blokes who do the threatning have usually f**ked a job up anyway and wont go back to correct their work so dont deserve paying.

Hope this helps as its taken 20 years to learn this much

**Deck** · 21-03-2010, 12:53 PM

In my previous post all it took was a simple phone call to say that we were on our way to collect our cheque no threats required. If there had been trouble when we had got there you would not have seen me for dust, Christ I have trouble fighting sleep lol