Have I been done by a builder?

Have I been done by a builder?

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Discussion

Leroy902

Original Poster:

1,540 posts

104 months

Friday 7th October 2016
quotequote all
Hi chaps,
Ok well I need some honest advice/opinions on whether me pursuing this builder will get me anywhere... putting a claim through the courts will cost £105, obviously if it goes as I hope, I'll get that back, but the last thing I want to do is pay more money towards this and not get an end result.

Here is a quick(ish) review of what has happened...

I made an agreement to have my garden renovated by said person/company.

I paid a deposit of £1500 via online bank transfer (has £1530 on the invoice as I added an extra little job after I made the payment). The recipient I made the payment to was the name of the company he goes by).
Does this mean it's a business account? Is it something that would help in court?

Work got under way, after afew hours on day one, I was asked for further funds of £800 that was claimed to be needed to pay for all the materials required. I gave this in cash.

He went away, but they never returned.
I've been in contact with him via text/whatapp constantly getting false promises by him of returning to do the job I paid for.
After coming to the realisation this wasn't going to happen, I made numerous requests to have my money returned over the past few weeks, that hasn't happened neither.

The evidence I have is the invoice he's provided....



I'm not sure if the address on the invoice is his own, but after going and knocking on afew neighbours doors, one of them said they recognised him (I have a picture of him via his whatapp profile), but he's told me in one of his messages it's not, and he lives at another address, though I have no reason to believe anything he says.

I also have all the conversions I've had with him via text/whatapp, which he clearly acknowledges he owes me the money many times over.

Edited by Leroy902 on Friday 7th October 21:32

paulwirral

3,154 posts

136 months

Friday 7th October 2016
quotequote all
Sorry , I haven't read the full thread as I've been out , but as a personal rule of thumb , if I couldn't finance the job myself I didn't take it on . I used to turn deposits down but I'm honest and have morals . I got bit in the Arse a few times from dick head customers , it works both ways !
Anyone asking for deposits on smaller works isn't worth bothering with , I know how it works on the commercial contracts .
I only work part time these days , but same rules apply .

mikees

2,748 posts

173 months

Saturday 8th October 2016
quotequote all
Straight to small claims.

Bristol spark

4,382 posts

184 months

Saturday 8th October 2016
quotequote all
mikees said:
Straight to small claims.
OP, is builder under a Ltd company, if so i would not bother as he will just fold leaving the OP even further out of pocket.

Even if Sole trader, may be very tricky getting payment if he has no assets.
He might not even care about CCJ's etc if his credit is already st.


I would only take someone to court if i knew they had assets, and wont want a CCJ.





Leroy902

Original Poster:

1,540 posts

104 months

Saturday 8th October 2016
quotequote all
Bristol spark said:
mikees said:
Straight to small claims.
OP, is builder under a Ltd company, if so i would not bother as he will just fold leaving the OP even further out of pocket.

Even if Sole trader, may be very tricky getting payment if he has no assets.
He might not even care about CCJ's etc if his credit is already st.


I would only take someone to court if i knew they had assets, and wont want a CCJ.
I checked the company name on the gov uk website, and any other websites that search for companies and nothing came up, so I assume he doesn't run a limited company, its probably just a name he runs with.

Leroy902

Original Poster:

1,540 posts

104 months

Saturday 8th October 2016
quotequote all
IF this builder doesn't live at the address he has written on the invoice, maybe it's his parents or his girlfriends house, and he's name isn't what he said it was, the only thing I've got is a bank account that I sent the deposit to.
Would that be enough to atleast be able to track the individual down?

Little Lofty

3,294 posts

152 months

Saturday 8th October 2016
quotequote all
Is there anyway to easily check if someone has a CCJ? If he has 10 already then your not going to get your money even through the courts, if he looks clean then I doubt he'll want one so may pay up. Maybe phone trading standards to see if he is known to them.

jonah35

3,940 posts

158 months

Saturday 8th October 2016
quotequote all
Ring up debt collection agency, pass them the debt, they will take a cut of any fees recovered whilst you get on with your life.

Do no more and no less than this

Leroy902

Original Poster:

1,540 posts

104 months

Sunday 9th October 2016
quotequote all
jonah35 said:
Ring up debt collection agency, pass them the debt, they will take a cut of any fees recovered whilst you get on with your life.

Do no more and no less than this
Strangly I haven't thought about going down the route, as things stand, I feel getting even a penny back is probably going to be unlikely, so even if I do need to give them a percentage, I'd be happy with that.

dmsims

6,539 posts

268 months

Sunday 9th October 2016
quotequote all
Address:

this could be the downfall of a claim

If you don't get the correct one for the summons his defence would be papers served at wrong address

Sir Bagalot

6,484 posts

182 months

Sunday 9th October 2016
quotequote all
There are enough sites out there offering address search facilities for a small fee. 192.com is one I used several years ago

Leroy902

Original Poster:

1,540 posts

104 months

Tuesday 11th October 2016
quotequote all
Sir Bagalot said:
There are enough sites out there offering address search facilities for a small fee. 192.com is one I used several years ago
The problem with getting his address is knowing his full name is it not?
I know his foreman, or atleast the name he gave me, but that's it.

I've spoken to a few debt collectors, they all seem to want a initial payment to take on the case, they then take a certain percentage of money recovered.
I've just about had enough of giving out money and not getting anything done! There's nothing stopping them from sending a 'threatening' letter to the builder, and if nothing is heard back, tell me they've done what they they could, and walk away...it would certainly be the easiest option