by enoughnow » Mon Feb 15, 2010 12:02:53 PM
I had a new roof put on my house ,The work was started 8 months ago but is not finished yet.The contractor did a very bad job, flooded my basement - causing an Insurance claim- $4000.00 damage- and caused other damage to my home.The new roof is a mess,it leaks and requires major repair to be servicable. I have BC Roofing inspection reports,Contractor repair estimates, photos,witnesses, insurance papers etc..as proof of this.
He has had months to correct it and hasn't.I have notified him that he would receive payment only after the damage was repaired and the roof was repaired/completed to pass inspection. He has been threatening me and Harassing me for total payment for the work.-$8,410.00.He has threatened to tear the roof off if I don't pay for it. Now he has sent it to a collection/bailiff company. when I tried to explain to them that the work was not completed to contract,had failed 2 inspections,(CMHC and IRC), that there had been a lot of damage caused to my house and that I didn't believe the Contractor had a legal right to put this bill to collection as it was in dispute. The Collection company refused to listen to me.They said they would put it in the newspapers and the Credit bureau that day and actually hung up on me twice in a row.After leaving several messages with no reply from the collection company- I faxed them a letter explaining the problems with shoddy work/damages/flood etc..I included copies of the roofing contracts.Some man from the collection company drove to my house ( without my knowledge) and Iooked at the roof from across the road. He then left a message saying "the roof looked fine' and that I needed to pay the bill immediately.I then received messages demanding that I send them copies of all my documentation to "prove my allegations against the contractor" and saying that they had sent a copy of my letter containing"allegations" and "damaging statements"to the Contractor for him "to use in the next step". Although I had responded to them by phone, by fax, by email, (and received 6 emails from them demanding that I send all my documentation and acknowledging receipt of my letter and emails), I received a letter saying that because there has been no response to their previous attempts to contact me they had sent the account to a Credit Reporting Agency. Are they legally allowed to demand all my documents and send them to the Contractor? I notified them, in writing, that the bill was in dispute, are they still allowed to put it in the Credit Bureau? Is there a certain length of time before they can send it to the Credit Bureau? This all happened within 14days from when they first contacted me.I have a good credit rating, which I would like to keep. I also have a mortgage and I'm worried how this might effect that at renewal.Is the contractor allowed to sent this to the credit bureau and still sue me also?
I'm a single mom and due to serious health problems my only income now is CPP disability. I don't have a lot of money to spend on lawyers.
I'm not sure what to do next
I would really appreciate any advice you can give me.
Thank you
I've included copies of their last 2 emails to me;
Attention ,.....
Unfortunately due to your lack of proof of all your allegations, we will have to report this account today. We requested proof of which you state we refused but yet cannot and have not provided such proof. S..... roofing is our client and we are legally allowed to forward any correspondence from you to them. We have left messages and you have not returned them nor have you provided such proof of all that you state below. You have provided some good documentation though for our client to pursue this further after we report this account.
We will wait until the end of the day for your documented proof to be faxed to us before reporting this account.
.........
Bailiff & Collection Ltd
----- Original Message -----
From: ...
To: .......
Bailiff
Sent: Tuesday, February 09, 2010 7:41 PM
Subject: Re: Collection Action
...........................................................................................................
Without Prejudice
Attention .............
Our collections procedure is done on this account, we have reported the account and have contacted our client that they will need to take the next step. We have sent you out a letter stating that this account has been reported.
Have a great day.
...........
Bailiff & Collection Ltd
----- Original Message From:....
To: .......Bailiff
Sent: Friday, February 12, 2010 1:25 PM
Subject: FYI