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17
Dec 2021
Anger after Harrogate builder James Moss declared bankrupt
Two women owed thousands of pounds by Mr Moss say they feel let down by the system. One says she is 'flabbergasted' by how easy people can declare themselves bankrupt and no longer be liable for debts.
Three women owed thousands of pounds by Harrogate cowboy builder James Moss have said they feel let down by the system after he was declared bankrupt.
Mr Moss has lost a string of civil court cases in recent years for poor quality or unfinished building work. He owed over £30,000 to five different homeowners who won cases against him.
Going bankrupt means that Mr Moss, who lives in Summerbridge, won't be liable for his debts and it is unlikely his claimants will ever see a penny they are owed or recover legal bills.
'Completely flabbergasted'
Karen Macgillivray-Fallis spent her life savings on a £30,000 garage conversion in Burton Leonard for her elderly mother-in-law, but Mr Moss left it in such a state it had to be demolished.
Her mother-in-law passed away and Ms Macgillivray-Fallis blames Mr Moss for denying them of their final days living together as a family.
She said:
"I am completely flabbergasted how easy it is for someone who owes money to declare themselves bankrupt.
"I am not a big business, I am a normal person who has lost life savings in an attempt to provide a home for my elderly mother-in-law who never had the opportunity to come and live with us due to the actions of Mr Moss. She died alone in April 2019.
"It is very frustrating that the court look at all the evidence, make a decision and then the decision seems to be unenforceable. I have worked for charities all my working life so I really support systems that protect people in genuine need but I have not seen any evidence that this is the case with Mr Moss.
"It is really important to me that justice prevails and we will be taking further steps to ensure that this happens."
Read more:
- Harrogate cowboy builder James Moss declared bankrupt
- Only 12 of 500 complaints against Harrogate builders led to prosecution
- Women ripped off by ‘shoddy’ Harrogate builder
Gill Lawrence works for a homeless charity and takes vulnerable young people into at her home near Wetherby Road whilst they get back on their feet
Mr Moss left a £13,000 kitchen conversion half-finished whilst pocketing almost the total agreed quote.
Ms Lawrence said she feels "let down" by the legal system, which has cost her even more money trying to recover the money she was owed.
"I have paid to take him to court, who agreed with me. They instructed him to pay me £8,700 which he refused to do. The courts do nothing else to ensure you get the money they have instructed him to pay.
"At that point I think it should be up to them to enforce payment, but no, you have to pay them even more money for them to instruct payment, and then you have to pay even more money to instruct bailiffs to collect from him.
"He has still refused to pay. So now he has declared himself bankrupt, I feel like I have been let down three times, by him, the courts and the bailiffs who I paid a fortune to and I've ended up with nothing. How can that be right?."
'More regulation is needed'
Vicky Cooke is a French teacher from Ilkley who needed a new roof on an extension at her home. Ms Cooke paid Moss £3,400 for the job, and he even offered a 25-year guarantee that the work would be built to last.
But after apparently completing the job it took just two months for the roof to start leaking.
Ms Cooke said:
"I'm not really surprised that Mr Moss is declaring himself bankrupt. The debt will be written off. In the meantime, we've worked hard and honestly to earnt the money to pay a reputable roofer to repair what we'd already paid to Mr Moss to do.
"The whole building and roofing trade needs regulating to protect consumers from cowboys like James Moss."
'The system is unfair'
Andrew Gray, founder of Harrogate law firm Truth Legal, said the small claims court process was stacked against the claimant and that "crafty defendants" know how to play the system.
He said:
“If a claimant engages a solicitor to pursue a claim, then, even if the claim succeeds, the claimant is unlikely to recover their legal costs. In claims for smaller sums, perversely, the legal fees can dwarf the amount of damages. With or without lawyers, the process is slow and always stressful.
"When defendants become insolvent, the litigation process usually becomes pointless, further annoying a genuine claimant, who is left significantly out of pocket and further aggrieved.
"Frankly, the system is unfair and is deserving of a significant upheaval.
"Crafty defendants know how to play the system, to the massive disadvantage of the rule-following majority."
The Stray Ferret asked Mr Moss to respond to this article but we did not receive a response by time of publication.
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