dodgy builder
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- sue and paul
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dodgy builder
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
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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!!
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!!
- sue and paul
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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
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
- sue and paul
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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.
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
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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 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
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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.
- sue and paul
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- opas
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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........
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
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- Roger O
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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.
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
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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' )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 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
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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
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