dodgy builder

sue and paul · Post by **sue and paul** » Tue 27 Nov 2007 19:31

Our builder caused some damage on our property during his work. We paid for the repairs to be done urgently, because it involved vital services. He told us to claim off his insurance - he had a 'garantie decennale' (10 year guarantee) which gave us the necessary info. After about 5 months, during which all the necessary written statements were made and the 'reunion d'expertise contradictoire' took place (meeting of all parties on our property, except that the builder didn't attend), his insurance company (AXA) have sent us a cheque for the remainder of the claimed amount, after deducting the 'franchise' (excess) which they say the builder is liable for. He has not paid, and isn't showing any inclination to pay, although we have asked him in phone messages for it (he doesn't answer the phone, a registered letter came back unclaimed, and he hasn't replied to emails) We have asked our own insurers (AXA, via BNP Paribas Natio Insurance, Le Boulou) to try to intervene, but they have only come back to us with the news that AXA cannot force the builder to pay us his 'franchise'. They suggest we get an 'avocat'. How can an insured person get away with this blatant breach of an insurance contract? Any suggestions?

Roger O · Post by **Roger O** » Wed 28 Nov 2007 00:15

Definitely a typical case for Julien Corbet (Sans Aucun Doute) if you happen to know that TV programme! I'm sure he would love to have a swindled British couple (who can discuss on TV in good French) for a change!

http://lachaine.tf1.fr/lachaine/magazin ... oute-.html

Even the threat of Julien Corbet sometimes makes arnaquers cough up if the case is presented to them by the injured parties - they don't want their business aired on TF1!!

Kathy · Post by **Kathy** » Wed 28 Nov 2007 08:03

I hope he does not advertise on this site. He is one to be avoided.

sue and paul · Post by **sue and paul** » Wed 28 Nov 2007 08:08

I won't name him here. He is not an A-D advertiser.

DavidB · Post by **DavidB** » Wed 28 Nov 2007 08:46

Sue and Paul,
It may be worth a visit to the Chambre des Metiers in Perpignan to initially seek their advice if he has a Siret Number. If he has not got a Siret No then he's working on the "black"...although this is unlikely if you've got a response from AXA.
It is likely that the AXA man is right, and that you will have to make a claim through the court (the Tribunal d'Instance), and for that you will require an avocat. If you have a clause "Protection Juridique" in your house insurance, (for which you would have had to pay extra in your premiums), you may be able to offset the legal costs involved.
Hope this helps....
DavidB

Serge · Post by **Serge** » Wed 28 Nov 2007 09:05

If you have made a claim on your policy then it will be you who will be responsible for the payment of the excess.
You would then have to reclaim it from the builder.

.

sue and paul · Post by **sue and paul** » Wed 28 Nov 2007 09:32

Thanks for those helpful replies.

We have made the claim on his insurance, who told us that the first steps had to be taken via ours, which we did. But the cheque already received for the residual amount has come from his insurance. We heard his insurance 'expert' tell him on the phone during the 'reunion d'expertise contradictoire' that he was responsible for the excess ( nearly 1k euros)

Thanks for the suggestion of going to the 'Chambre des Metiers', I think we'll certainly do that.

sue and paul · Post by **sue and paul** » Wed 19 Dec 2007 16:19

We still haven't got any joy from our builder...qui 'fait le mort' !

We have, however, found in Perpignan 'la maison d'acces au droit', which seems to be a version of CAB in the UK. We have an appointment with an adviser in January, so we'll report back on how it works, services available, etc. It might help someone else, even if WE continue to get nowhere. And, who knows, we might actually get SOMEWHERE!

opas · Post by **opas** » Wed 19 Dec 2007 19:12

Just a thought....you builder isn`t dead is he? I ask that as we had trouble contacting a builder we had employed, I called him fit to burst and Outie said he would followhim through France if neccessary and make him pay us back, we went to his home.....his neighbour confirmed he had been killed in a bike accident some weeks before, how I cried..I felt awfull for all the horrible thoughts i had . He was such a lovely young man and did find it hard to beleive he had run off with my money.

PaddyFrog · Post by **PaddyFrog** » Thu 20 Dec 2007 07:46

Information removed by PF

sue and paul · Post by **sue and paul** » Thu 20 Dec 2007 08:50

The expression ... 'il fait le mort' means that he's lying low, no sign of life, not replying to calls, letters, emails. I don't think he is actually dead.

We could probably do with Outie at our side if we ever catch up with him!

opas · Post by **opas** » Thu 20 Dec 2007 13:17

Let me just make one thing very clear.....outie is not a thug! he has his own way of dealing with them that cross us.

i realised what that expression meant, we actually thought our builder was lying low.....thought we had been taken for a ride , that we had been taken for the rich English, that he was someone with a friendly front masquerading as a crook.....he was only young and we thought he was a chancer. Same as you , no response to phone calls ,mobile said that the number no longer existed, emails were unread etc etc

There was no one more upset than us when we found out that lovely lad had died........

sue and paul · Post by **sue and paul** » Thu 20 Dec 2007 16:28

No slight intended upon either Outie's character or your command of French. Thanks for your comments

groslard · Post by **groslard** » Fri 21 Dec 2007 13:08

I once won a case (against a garage, not a builder), paid my avocat, a hussier ..and then it turned out they had gone bankrupt, so I lost the car, tha money I paid for it and all the fees awarded by the court..
I haven't a lot of confidence in the system.

Roger O · Post by **Roger O** » Fri 21 Dec 2007 14:16

Sounds like the cases or Maitre Canet of Collioure and Mr de la Poterie who was an agent working for Mr Mullet of Office des Vacances, Argeles.

Those were some years ago now in the 90s. Maitre Canet was jailed for appartently "messing with clients' money" and Mr de la P for "fingers in the till"!! Mr Mullet is a very straight and honest guy and will not tolerate the least "irregularity" in any of his staff.

sue and paul · Post by **sue and paul** » Tue 08 Jan 2008 11:31

sue and paul wrote:We still haven't got any joy from our builder...qui 'fait le mort' !

We have, however, found in Perpignan 'la maison d'acces au droit', which seems to be a version of CAB in the UK. We have an appointment with an adviser in January, so we'll report back on how it works, services available, etc. It might help someone else, even if WE continue to get nowhere. And, who knows, we might actually get SOMEWHERE!

We had our appointment yesterday at the 'Maison d'Accès au Droit' in Perpignan (similar to the CAB in the UK, except I think the advisers there are paid by the Ministère de la Justice' )

We have been advised to send a registered letter, not in an envelope (so the recipient can't claim to have received an empty envelope!! ) folded and stuck down by the Poste. The adviser at the M d'A au D dictated the wording to write to our builder, which he will understand as being the first legal step in recouping our loss. We're hoping it will do the trick, and that we won't have to proceed further - although we now know how to!

Equalizer · Post by **Equalizer** » Tue 08 Jan 2008 21:00

Let me know if I can be of assistance!

Chris · Post by **Chris** » Tue 08 Jan 2008 21:51

Forgive my ignorannce - but is not the title "Maitre" used only for notaires? If so, was a notaire jailed? Is that not unusual?

outie · Post by **outie** » Wed 09 Jan 2008 08:30

For reference the case opas is refering about our dead builder,which is still dragging on,after almost 2yrs the case as gone to the duanes/impots who have the first pick of any monies left and the others I understand to be about 7 of us get a share of whats left,Ours was around 1200euros paid as deposit for some work to be done,others we know paid over 20,000euros up front,does not make us feel any better.

Colin L · Post by **Colin L** » Wed 09 Jan 2008 15:55

Chris wrote:Forgive my ignorannce - but is not the title "Maitre" used only for notaires? If so, was a notaire jailed? Is that not unusual?

I guess it happens everywhere: it is not entirely unknown in the uk for laywers to be done for fraud

DavidB · Post by **DavidB** » Thu 10 Jan 2008 08:55

Chris wrote: is not the title "Maitre" used only for notaires?

The title "Maitre" is also used for Avocats...i.e. barristers. If you take a case to a Tribunal, one generally uses an Avocat, although it is sometimes possible to represent oneself.
DavidB

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