Any hope (abandoned driveway)

[Slippybackside]

Hello.

We recently hired a builder to sort out our driveway but due to poor health had abandoned the project about 70 percent through until he recovered. We recently found out the company has now been closed and attempts to contact them are futile.

Before I say the next part, I know we messed up, but there’s no contract in place except numerous text messages confirming the work, the price, and the transfer of money between bank accounts and the builders texts advising poor health etc.

He genuinely seems like a lovely chap and it’s unfortunate he’s fallen into this spot. The work is about 70 percent completed.

My question is what kind of legal standing do we have ? Is there any hope of clawing back any funds via courts incase further attempts to make contact prove futile ?

[LunarOne]

Wait, you mean you've paid him 100% up front? With talk of clawing back money, I imagine you must have. As I was reading I was thinking well lucky you've only paid a deposit to get him started and the problem is how to pay him a fair rate for the rest of the work he's done.

I'm afraid I can't advise on what legal action you might take, but if he had a limited company through which he was doing the work, and that's wound up, then all I can really see is that you become a creditor and need to register with whoever is dealing with the winding up of the company.

[poo at Paul's]

I think if you’ve on,y paid him 70pc ie for the work done, your best bet is to get someone else to finish.
If you’ve paid him 100percent, it begs the question, why, but does give yiu a problem.
Was it a one man band company or did he have workers? Where are they working now do you know?

[Slippybackside]

Paid him 100 percent of funds as they were required once 70 percent of the work was done.

Work was done by himself only under a company that has now gone offline (Website)

[carl_w]

Slippybackside said:

Paid him 100 percent of funds as they were required once 70 percent of the work was done.

And now he's done a runner with 100% of funds with 70% of work complete.

I think you've been shafted but should have seen it coming.

[poo at Paul's]

No hope really, although it sounds like he’s scammed you with the 100pc paid at 70 pc job! I mean, why would he ask that? Presume it’s mostly labour left to do.
Sod his poor health issue, it’s most likely he’s just scammed you and jacked up over Xmas.

Try a money claim online, or pursue him / the company. Check who you paid and in what form. If it was cash, it’s likely gone into his pocket or account, then it is HIM you’re dealing with not his company.
If it Is the company you’re dealing with, ie receipts, paid into company bank account etc, well just cos it’s ceased trading doesn’t mean you can’t pursue it. At the very least you can force him to wind it all up properly so long as (I think) you are owed 750 quid or more, you can petition to wind the company up, which at least makes him have a load of hassle going to be interviewed by the insolvency service etc.
But does depend on the legal status of the company right now. But don’t let him off the hook, 95per ent his bad health is bullst, and even if it isn’t, there’s a way to deal with his work in progress, and taking your money and not answering the phone isn’t the way.

[poo at Paul's]

Alternatively, may be worth hiring some lads for a couple of hundred quid cash to go round and dig his driveway up when he’s out shopping, so how he fking likes it!

[KAgantua]

Some proper unlucky buggers in the building trade.

Or youve had your pants pulled.

Hope you get it sorted mate

[konark]

Bet his texts about poor health didn't start until youd paid 100% of the money.

[Durzel]

You wanted to pay in cash to reduce the price, this is the risk.

Sorry to say but I would not have been paying someone off the books - if it’s a one man band - in cash, not before the job was done and I was satisfied at any rate. Cash benefits go both ways.

All you can really do is file a small claim against the guy via the company, but if he’s a one man band it’ll probably be for naught. Actually getting the money back is a different matter.

Edited by Durzel on Wednesday 2nd February 03:15

[GasEngineer]

Durzel said:

You wanted to pay in cash to reduce the price, this is the risk.

Edited by Durzel on Wednesday 2nd February 03:15

Didn't the OP say it was bank transfer(s)?

[n3il123]

GasEngineer said:

Durzel said:

You wanted to pay in cash to reduce the price, this is the risk.

Edited by Durzel on Wednesday 2nd February 03:15

Didn't the OP say it was bank transfer(s)?

That would have required reading the op fully to realise that, far easier to skip bits and make stuff up

[Slippybackside]

thank you all for the inputs

All payments were made by bank transfer and from what I remember it was personal accounts I think? I’ll double check and let you all know. It’s been three months since any work was done.

I’m going to get quotes for the remainder to see how much it’s going to cost (already 12k) and take it from there

[Austin_Metro]

Slippy,

Sounds like you’re saying he’s run off with 3600 of your money. When you say you have no contract, you mean no formal written contract. You do have a contract as you agreed the what, when and how much. So he has obligations.

Your loss is whatever it costs you to have someone else finish the job and that is your claim against him.

For that sort of cash I would be tempted to chase. You ideally should work out who you dealt with or if uncertain make them both defendants of the money claim on line.

Search for his company name on companies house gov uk. May not even exist.

[Austin_Metro]

On “any hope” it depends if you can clearly identify who he is, where he lives and if he has any assets.

If you cannot do that, then you probably need to write it off to experience.

[Durzel]

n3il123 said:

GasEngineer said:

Durzel said:

You wanted to pay in cash to reduce the price, this is the risk.

Edited by Durzel on Wednesday 2nd February 03:15

Didn't the OP say it was bank transfer(s)?

That would have required reading the op fully to realise that, far easier to skip bits and make stuff up

I did read it fully. I have paid for work off the books via bank transfer before, to what I presume are personal accounts. Whether or not the recipient declares it afterwards is not my concern, but I presume they don't otherwise it would all be invoiced and done through company accounts...

[Slippybackside]

Austin_Metro said:

Slippy,

Sounds like you’re saying he’s run off with 3600 of your money. When you say you have no contract, you mean no formal written contract. You do have a contract as you agreed the what, when and how much. So he has obligations.

Your loss is whatever it costs you to have someone else finish the job and that is your claim against him.

For that sort of cash I would be tempted to chase. You ideally should work out who you dealt with or if uncertain make them both defendants of the money claim on line.

Search for his company name on companies house gov uk. May not even exist.

Thanks Austin. His website closing down makes it very tough and searching company’a house doesn’t bring up anything at all (I’m so dumb here - rookies mistake ). An address on the directory’s like yell, point to a local shop in the area and doesn’t look residential.

I can confirm that it was paid into a personal account with his name etc

I’m going to go and search for some quotes on the difference it would cost to finish and then continue my search on how to find the man.

Worse comes to worse I’ve lost probably around 5-6K. A life experience I suppose :/

[98elise]

carl_w said:

Slippybackside said:

Paid him 100 percent of funds as they were required once 70 percent of the work was done.

And now he's done a runner with 100% of funds with 70% of work complete.

I think you've been shafted but should have seen it coming.

Agreed.

The guy that did my drive got paid when 100% of the work was done.

The builder that did my extension got stage payments (ie at each milestone an agreed lump sum was paid).

The one time I paid up front was a landscaper who wanted a deposit for materials. He then didn't show up and made excuses for about 18 months. I had to sue him for the money back. This was a person I had used before and had done loads of work for my mother!

Never pay money up front. If a contractor can't afford to do work without your money then that should ring alarm bells. At most pay for materials when they arrive, and make stage payments as work is complete.

[The_Nugget]

Slippybackside said:

Austin_Metro said:

Slippy,

Sounds like you’re saying he’s run off with 3600 of your money. When you say you have no contract, you mean no formal written contract. You do have a contract as you agreed the what, when and how much. So he has obligations.

Your loss is whatever it costs you to have someone else finish the job and that is your claim against him.

For that sort of cash I would be tempted to chase. You ideally should work out who you dealt with or if uncertain make them both defendants of the money claim on line.

Search for his company name on companies house gov uk. May not even exist.

Thanks Austin. His website closing down makes it very tough and searching company’a house doesn’t bring up anything at all (I’m so dumb here - rookies mistake ). An address on the directory’s like yell, point to a local shop in the area and doesn’t look residential.

I can confirm that it was paid into a personal account with his name etc

I’m going to go and search for some quotes on the difference it would cost to finish and then continue my search on how to find the man.

Worse comes to worse I’ve lost probably around 5-6K. A life experience I suppose :/

The address on Yell etc probably emanate from somewhere. Go there and ask around, someone might know him. “I’m enquiring after Bob. He mentioned he was unwell and I haven’t seen him for some time, do you know him and know if he is Ok”

[The_Nugget]

Also, OP - have a look on way back machine to see if his website is cached from the past.