Connor Rand
Main Page: Connor Rand (Labour - Altrincham and Sale West)Department Debates - View all Connor Rand's debates with the Department for Business and Trade
(1 day, 13 hours ago)
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Mark Garnier
Yes. It is shameful how these builders can get away with it—it is absolutely astonishing. By the way, this campaign has been going on for a number of years. It is very good to see, behind the Minister, the official who has worked with me in the past, although we have yet to achieve what we want to achieve.
How do victims of rogue builders seek redress? The answer, as we know, is not simple. They go to trading standards in the first instance but, with a rogue builder being, by definition, a rogue, the sanctions available are weak at best. Ultimately, the homeowner or small business owner who finds themselves a victim has no recourse other than the courts. However, the reality is that contract law simply does not work for people with problems above the small claims limit but below around £1 million.
The reality is that anyone can make up a fictitious bill that they want us to pay, and we have to negotiate. To challenge or defend that type of bill requires a commitment of between £100,000 and £200,000 in legal and court fees to prosecute a court case, and in professional fees to demonstrate the loss. I spoke to any number of friends and colleagues with very senior legal experience, and everyone said that this type of problem has absolutely nothing to do with justice and everything to do with negotiation. One even said that it is like being mugged and then being charged for the knife, with the backing of the law. For many reasons, our legal system is so clogged up that it serves no one properly, allowing it to be abused by rogue traders.
Mr Connor Rand (Altrincham and Sale West) (Lab)
The hon. Gentleman speaks powerfully of the devastation that can be caused by rogue builders, as families in Altrincham and Sale West have experienced. Many have been ripped off by Frank Deary, a rogue builder who has taken over £1 million for work that he has never finished. He repeatedly liquidates his various building companies, making it extremely difficult for victims to recover any money, before he starts all over again with a different company name popping up. Does the hon. Gentleman agree that this case, and so many cases that we all see in our constituencies, shows the need to crack down on rogue builders and improve customer protections?
Mark Garnier
The hon. Gentleman has probably read my speech, as that is the core of it. The legal problem is bigger than just failing to support victims through the court system. Rogue builders know the legal system works in their favour. There are builders who create fictitious bills or charge fictitious costs for work not carried out—I have seen that as a victim myself. I contracted a builder to renovate a much-loved family home, and they failed to do the work in time, which was a breach of contract. They rattled on for far too long, they did not do the whole work and, at the end, they put in a massive, fictitious bill. Our quantity surveyor reckoned there was an outstanding balance to pay of perhaps £6,000, but they put in a bill for £100,000.
In the end, everybody said, “You have to negotiate.” We negotiated a final settlement, which was multiple times in excess. This is a fundamental problem. We do not get redress, and we have to negotiate even if we know the negotiation is bogus.