Pursuing Tradesman for Money Owed
Discussion
A carpenter agreed to build some custom cupboards in July 23, and we paid a deposit for materials.
The carcasses were finally built and installed in December but we still have no doors, just excuse after excuse and he's now gone silent. He still owes us c. £1200 in material, although he claimed before Christmas that the doors were built and painted.
He isn't responding to calls or texts (he has habit for this) when I've requested either a refund, or the built doors if he's telling the truth about them being finished, which I don't think he is. I assume he's a sole trader as I can't find any company details online.
What's my best legal course of action? I know the village where he lives but don't have an exact address, but assuming I can find one online and then go through the small claims court? My concern is that even if I win, I won't necessarily get anything from him as I gather he's short on cash due to an on-going custody battle.
The carcasses were finally built and installed in December but we still have no doors, just excuse after excuse and he's now gone silent. He still owes us c. £1200 in material, although he claimed before Christmas that the doors were built and painted.
He isn't responding to calls or texts (he has habit for this) when I've requested either a refund, or the built doors if he's telling the truth about them being finished, which I don't think he is. I assume he's a sole trader as I can't find any company details online.
What's my best legal course of action? I know the village where he lives but don't have an exact address, but assuming I can find one online and then go through the small claims court? My concern is that even if I win, I won't necessarily get anything from him as I gather he's short on cash due to an on-going custody battle.
BertBert said:
Sadly I suspect your options are extremely limited as he's got no money and you don't have a way of contacting him.
Other than tying to find more creative ways to contact him, I suspect you are pretty stuck.
How did you make contact in the first place?
He was recommended by our kitchen fitter, who is absolutely mortified now and trying to contact on our behalf. Other than tying to find more creative ways to contact him, I suspect you are pretty stuck.
How did you make contact in the first place?
I have found out the road that he lives on according to a crime report in a paper, so will try having a scour this weekend.
Short answer is send him a letter of claim and if he doesn't pay up, file a court claim using money claim online.
The process is straightforward and from what you've said, there's no obvious reason why you shouldn't win.
As you've noted however, getting paid afterwards might be a problem if he is impecunious. Ultimately the debt is against him personally and you have 6 years post-judgment to enforce, the most obvious route being to send in bailiffs.
Before going down that route it might be worth a direct approach just to find out wtf is going on. You'll need a postal address in any event to sue him.
The process is straightforward and from what you've said, there's no obvious reason why you shouldn't win.
As you've noted however, getting paid afterwards might be a problem if he is impecunious. Ultimately the debt is against him personally and you have 6 years post-judgment to enforce, the most obvious route being to send in bailiffs.
Before going down that route it might be worth a direct approach just to find out wtf is going on. You'll need a postal address in any event to sue him.
henrycrun said:
Off topic, but can someone link to a Client - Builders Agreement Form that they have used ?
We use standard JCT contracts all the time:https://www.jctltd.co.uk/category/contract-familie...
Minor Works 99% of the time for extensions/domestic new build.
Hard copy around £40, available from Amazon & other outlets. Digital version is a bit of a faff, & clients/architects seem to prefer paper copy that they can physically sign then file in a dusty cupboard where it never gets looked at again....
SpunkyGlory said:
He was recommended by our kitchen fitter, who is absolutely mortified now and trying to contact on our behalf.
I have found out the road that he lives on according to a crime report in a paper, so will try having a scour this weekend.
slighty diffrent, the chap who did our garden/ landscapeing wanted me to do the graphics on his van for him. hes a bit disorgnaised, but otherewise seemed ok so dint think twice about letting him pay later. I have found out the road that he lives on according to a crime report in a paper, so will try having a scour this weekend.
anyway after weeks of exscuses, became an unresponsive pain in the arse over £300. I found out where, he lived he s
t himself when i knocked the door. and paid me the next day. i am a director but im certainly not powerfuly built and i wasnt rude or agressive. just politley reminded him that he owes me money and ive been more than fair.
i think for alot of messers its out of sight out of mind.
Face to face is always best , at least you’ll both know where you stand .
A mate of mine had much the same problem years ago with some hand made units , he went to the guys factory unit and took what he thought he was owed .
We’re pretty sure the guy went and took a deposit off someone else to cover the money and matey gave the units back .
Unfortunately it became someone else’s problem , guys like the posters problem will always have an excuse because they’re disorganised and they manage to get away with it time and time again.
I myself once ended up with some of the cash owed and a series 2 Land Rover for a job I did , it’s a pain neither party needs .
A mate of mine had much the same problem years ago with some hand made units , he went to the guys factory unit and took what he thought he was owed .
We’re pretty sure the guy went and took a deposit off someone else to cover the money and matey gave the units back .
Unfortunately it became someone else’s problem , guys like the posters problem will always have an excuse because they’re disorganised and they manage to get away with it time and time again.
I myself once ended up with some of the cash owed and a series 2 Land Rover for a job I did , it’s a pain neither party needs .
SpunkyGlory said:
I've no issues going to confront him if I can find out where he lives. I have thought about taking his tools as payment, but ultimately I don't want him without the ability to earn, I just want what is owed to me.
Perhaps a long shot, but have you tried Companies House? Another long shot: if he's registered CheckaTrade or similar, you should be able to find his address....I had to chase a tradesman for money. Complete process took 12 months.
Write to him explaining that calls and messages haven't led to completion of the work and inviting him to contact you to discuss when the job will be finished. Give him 14 days to reply.
If no reply then write again giving full details of outstanding jobs, again asking him to contact you to discuss and agree an action plan. Another 14 days
If no reply then write again, this time informing him that if no agreeable resolution is proposed and accepted with 14 days then you will have the jobs done by a third party and then you'll look to him for those costs. Advise him that if not contacted and tasks agreed then you'll have this done without further communication.
If no reply then get the job done.
Write to him with a copy of the jobs completed and the cost. Ask for payment within 14 days.
If no reply then letter before action giving 14 days.
If no reply then proceed straight to MCOL and follow the process
Write to him explaining that calls and messages haven't led to completion of the work and inviting him to contact you to discuss when the job will be finished. Give him 14 days to reply.
If no reply then write again giving full details of outstanding jobs, again asking him to contact you to discuss and agree an action plan. Another 14 days
If no reply then write again, this time informing him that if no agreeable resolution is proposed and accepted with 14 days then you will have the jobs done by a third party and then you'll look to him for those costs. Advise him that if not contacted and tasks agreed then you'll have this done without further communication.
If no reply then get the job done.
Write to him with a copy of the jobs completed and the cost. Ask for payment within 14 days.
If no reply then letter before action giving 14 days.
If no reply then proceed straight to MCOL and follow the process
I’ve got access to the full search on Credit Safe and can list sole traders , I just looked up some local tradesman I know and they are all there with address.
Let me know his company name and approx location and I can see if he’s there , obviously if he is just a cash in hand no tax return kinda guy it’s much harder
Let me know his company name and approx location and I can see if he’s there , obviously if he is just a cash in hand no tax return kinda guy it’s much harder
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