Have I been done by a builder?

Have I been done by a builder?

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Leroy902

Original Poster:

1,540 posts

104 months

Friday 9th September 2016
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Just looking for a little advice...

I've been looking to get my garden fixed up, and thought now was as good a time than any, just before autumn kicks in.
I found a local(ish) builder through an ad. on Gumtree, I had him come around for a quote.
He came across as professional and seemed to know what he was talking about.
I decided I was happy with the quote and go with him.

Now is where my stupidity begins...
I believe the normal rules are:

1) Pay for materials on delivery
2) Pay labour upon completion

He asked for an initial deposit via bank transfer, which in the heat of the moment I made, (the name of recipient was his company name). We agreed a start day and left it at that. I was sent an invoice for this payment.
After a no show on the day, I got in contact, he apologised and came the following day to start.
Any misgivings I had giving the initial deposit were eased with him beginning the job.

After afew hours clearing out the garden etc, which he did very efficient, he got in contact (I wasn't at home) and said he'd need money for materials before carrying on. My initial reaction was that he had my deposit, and why couldn't use that, but I was told it wouldn't cover the cost.
After telling him I wasn't comfortable giving another lump sum, we came to an agreement I'd give half, and he'd put the rest in.
I gave this payment in cash. I expected him back later that day, if not definitely the following morning.
That was over a week ago, he's not been round since. I keep calling/texting him, but he doesn't picks up. I've had the odd text saying he'll be down later in the day, but he never shows up.

He eventually answered his phone afew days ago, said he'd had issues with one of his builders being off sick, and arranged to come and start the job the following day.
Surprise surprise, the day came and went without him turning up.

I just can't seem to figure this builders deal, he's been on Gumtree for over a year, though I'm not sure how many times he's advertised, he seems to be as professional as a builder can be, has kept upto date with providing invoices for any payments I've made (though I don't know if that's worth the paper it'd written on, he has his (apparent) company/home address along with his company logo as the header on his invoices, I'm quite sure his mobile number is his private number, he has a picture of himself with his Mrs as his whatapp profile picture, BUT he doesn't reply to any messages and doesn't answer his phone!?..
Anyone using whatapp is able to see when one of their contacts is last seen, and it looks like he uses it regularly, so there's definitely no issues with his phone...

The more I think about it, the more I'm coming to the realisation that he won't be coming back.

Any advice going ahead?

Leroy902

Original Poster:

1,540 posts

104 months

Saturday 10th September 2016
quotequote all
Would trying to get the money back via my bank be a possibility? The initial deposit was via a bank transfer (lloyds to lloyds).

I'll keep trying to chase him up, I've got to a stage now where I'm asking him for my money back rather than asking when he'll be turning up.
I'll move onto popping round to the house on the invoice if I don't have any luck.

Leroy902

Original Poster:

1,540 posts

104 months

Saturday 10th September 2016
quotequote all
I never thought I'd get done in the manner I have done, watching shows like cowboy builders, I'm shaking my head thinking how the customers could be so dumb, but when put into the situation, irrational behaviour takes hold, and before you know it, you're in the same position frown.

Anyone recommend a landscape gardener around the Birmingham/Solihull area? I want to get the fences put up at the very least so not to cause a nuisance to the neighbours.

Leroy902

Original Poster:

1,540 posts

104 months

Tuesday 27th September 2016
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I have a full log of phone message conversations, him constantly telling me he'll pay me back, the last one being yesterday, saying "he's waiting for a payment to clear", and will repay me, though I have no confidence in anything he says with the amount of false promises he's made over the past few weeks.

I'm trying to be careful with what I write in these messages, not to put any sort of physical threats in them.

I went down to the address he has on the invoices but got no answer.
I asked his neighbours, showed a picture of him face (his whatapp profile pic with his Mrs), one of the nighbour did recognise him, so I'm pretty sure he either lives there, or has an association with whoever does.

I keep telling him I'm trying to be civil with sorting this out and getting my money back.
My latest idea is having his mug (along with his Mrs) printed out, with a brief description of what's happened, and posting it to the whole street he lives on. I'm not sure if anything constructive will come out of that, I suppose I could tell him of my intentions and it may be enough for him to return the money...

I keep being told by the few I've told about this to go knock his door down, and just take whatever the value of what he owes, it's getting to the point I honestly do feel like doing that.

My Mrs has said to write out a full letter, with a description of what has happened, and post it to him. If there is no reply back, and money returned, then go down legal routes. I'm not sure how much all that would cost.

I'm kind of lost at what the best route is to take at this time. Any advice?


Leroy902

Original Poster:

1,540 posts

104 months

Tuesday 4th October 2016
quotequote all
I've delivered a letter to him with the full rundown of what has happened, and given him 14 days notice to return what is owed, me, otherwise court action will be taken. Hopefully that'll be enough to get it back.
When I transferred the money online, recipient was to the company name rather than himself.. Is that something I can also use to my advantage if we did end up in court?


Edited by Leroy902 on Tuesday 4th October 13:33

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

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?

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.

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