My Builder is asking me for interst on a demand letter (send via U.P.C), which I did not receive.?

Question

My Builder says that he has send me a demand letter (U.P.C), which I did not receive and now he is asking me to pay interest on the amount I was suppose to pay. But should I pay this interest when I didn’t even receive the U.P.C? But he says that I received the first letter and the last one, therefore the middle letter I should have received as I did not change my address. I have been searching the web for some answers and found some…

The Supreme Court has observed that when some important communication is sent, the best way is to either lodge the same personally or send it by registered post and not by UPC.

It has been held by courts in many other cases that in case of UPCs, the receipt of which is denied by the addressee, then the onus to prove that the letter was posted and received by the addressee rests on the sender. So can some one please tell me, what I should do in this case? I know I didn’t do any thing wrong, but I would like to go to the courts as a very last resort.

Answer 1

Your first problem is non receipt of letter from the builder.  Here I would like to tell you that when you paid the first instalment and signed the agreement with the builder you must have signed a schedule of payment sheet then why you are to wait for builders letter.  

The letter from the builder is required only when there is delay in implementation of the project as promised by the builder.  If this be the situation the You are right that the letter should have been sent to you by registered post and as the letter has not been received you can pay you instalment to the builder without interest.  Moreover get the interest waived off. The builder will definitely do it.

Your next problem is leakage of roof.  First of all call the builder and show him the leakage and at the same time you must inform the builder by a registered letter otherwise he may refuse that you have ever brought this matter before his notice and at the same time you must have a camera which prints date on the photograph otherwise it is difficult to prove that the same was prevailing since past few months.  In case builder fails to get the same rectified you can file a case before consumer court and claim the compensation as well as get the flat repaired at the cost of the builder.

Answer 2

Your builder has no right to claim interest.The onus of proof is on him that he has sent the demand letter in time.If nothing restrained him to send a registered letter,or he had earlier sent any registered letter to you his claim will be defeated even though he has proved that he has properly sent letter by U.P.C.

Answer 3

What is your problem. You said you were suppose to pay the money, therefore, pay it. The builder is obviously trying to get paid and he is trying to officially notify you. Why do you want to make an issue out of it. Just pay him what you owe him; but, if you are going to contest it, get your lawyer involved immediately. The builder obviously has proof of the interest due and agreements signed by you so it sounds like you don't have a defense, unless their is a problem with the house, then you need to deliver constructive notice to the builder via certified mail, and regular mail, that you are not willing to pay him this money until certain things are completed or done. Having been a builder, I am pretty sure that he has the documentation to prove the debt, so the burden is on you, to disprove it, or furnish additional evidence that has caused you to withhold the payment. If there is not a problem with the construction and everything is on time, you just need to pay him the interest as the agreement states.

Answer 4

First, they are required by law to provide you with a written contract including and estimate.

IF, and only IF you agree you are bound to ONLY hat it says. If it says nothing of interest or financing, or other fees outside what is written, then you are not bound, but that ONLY holds up in court.

Making a claim that you received something in the mail is not valid without a certified signature, from you; not your mother-in-law, not your kid, not your friend, but ONLY YOU. The contract is made with you, they are bound to handle it with you. Your signature only, just like tracking on Ebay, you don't pay if it is not tracked because there is NO proof, it actually got to YOUR BODY and HAND wherever ou may be.

For interest, Uncle SAM regulates the market on that and dosen't like his share messed with.

So, unless the builder is legally and contractually ABLE to finance it, demonstrate your agreement in "LEGAL"contract, including signature UP FRONT, with uncle Sams $hare AND  that has to be proven (which you get a deduction for just like a student loan and a tax break for owning a house); Don't pay it.

The building contract is seperate from a financing or lending contract, and can NOT be combined. ALL FEES must be laid out WRITTEN UP fron and Agreed to.

if it's not in pre agreed underwriting, it's called a provision. Provisins are illegal in contracts and are a way of bullying you into money.

He can put a BUILDING LEIN ON YOUR house, but he has to go to court and prove financing and everything including a legal certified mail receipt.

My advice is contact your building permits place, get your taxID# and see if there are even permits that allow him to work on your house. The permits must outline what he is doing, NO MORE.

Write them a certified letter, stating that you did not agree to interest send a copy of your contract back; write a note in the margin referring to no interest agreed or stated,Highliglight it. Also state that contractual provisions are illegal.  Do it all in writing, for proof and attach proof of receipt. If they refuse it at the company there will be 3 attempts to deliver it written on it by the post office.

For fun CC: the letter to an attorney and someone else. You don't actually have to use that attorney.

ADDED  18 May:

What's good for the goose is good fo the gander, besides if an attorney gets involved and sees the builder is trying to extort money from you with ILLEGAL practices, they loose their licsence.

My family owns a very successful construction buisness, WE deal with stuff like this al the time; meaning we clean up after another bulider.

When they demand interest, it's usually because they are spending their money and irresponsible with it and try to dump their problems on you.

i.e. Used their high interest Home Depot or Lowes card to finance YOUR building cost and add personal purchases to it and don't pay the bill on time and get lots ove interest or over the limit fees.

Honest buisness is good buisness.

People who disagree with this are probably builders that represnt themselved as contractors(ILLEGAL BTW) or tried to bully like this before.

Don't get me wrong there is a flip side THERE ARE PEOPLE who try sob stories, or say they were wronged and take thousands out of builders pockets by not paying for what they are RIGHTFULLY OWE!!!! Or cost them other jobs because they gave their time to you.

If the interest is owed because you didn't pay the scheduled bill then just pay it, it can't be that much. BUT!!!! if the job is not finished, like they did other work and ran the time out iun your contract, that is his problem for scheduling over your contract and voids your contract, ONLY IF PROVED!

Answer 5

Presently every thing is in your favour, accumulate all relevant documents, get the file verified by your Legal advisor,  wait and watch , how the builder make his next movement. Good luck.