Trades man has taken money without doing any work

[Ste372]

Looking for the correct way to go about this

Parents arranged a roofer to supply and fit some guttering on the house.

Post was placed on my builder and this chap replied gave a acceptable quote. Date arranged job to take 2 days and wanted £500 up front for materials

Come the day of the job to start, no show not even a phone call. Second day no show so they phoned him, he said materials hadn't arrived he had to go to a different supplier so couldn't start for another couple of days and work would now take 4 days. Extended time frame wasn't a option so they asked for money to be returned. Trades man promised to return money to them but they had to wait a month as money was tied up with suppliers.

This was 60 days ago. I've literally only just found out about this and have hit the roof (no pun intended)

I have a name,company name, address and phone number

What's the correct manner to proceed legally?

Thanks ste

[bobtail4x4]

trading standards

[lost in espace]

I would give 101 a ring if as we are talking fraudulent tradesmen taking pensioners money. They are pretty hot on this.

[anonymous-user]

I’d see if you can meet him and have a word. Not to fill him in but genuinely check things out. Official van? Lot’s of supplies at his shop? Ask him in person for the money back and if he says no then a letter requesting money back. Did they pay cash? If it’s credit card then they will be more protected in getting money back. I’ve only paid upfront once and the guy went straight to Wickes and showed me the receipts. I made sure Wickes had the shingle in stock. Hope it works out for your folks. Sad if it is someone preying on elderly. Small claims court as well is an option. Letter from a solicitor might do it if he doesn’t refund.

They (parents) entered into a contract with him and reasonable timeframes apply. There are mitigating factors such as a part might genuinely be hard to get hold of. Either way it’s been a while… and arguably he is in breach of contract but that’s for the law to decide.

Edited by anonymous-user on Sunday 22 May 17:49

Edited by anonymous-user on Sunday 22 May 17:54

[ClaphamGT3]

And this why, however big or small the job, you never, ever pay a tradesman or building contractor up front.

I will repeat my oft quoted mantra on the subject; the tradesman who cant afford to cashflow your job won't be capable of doing your job

[anonymous-user]

ClaphamGT3 said:

And this why, however big or small the job, you never, ever pay a tradesman or building contractor up front.

I will repeat my oft quoted mantra on the subject; the tradesman who cant afford to cashflow your job won't be capable of doing your job

This. Plus he just hit 10k posts!!

[SlimJim16v]

Send the a letter, giving him 2 weeks to do the work or refund the money, after which you will take him to the small claims court.

[Foss62]

Maybe one of the legal brains might explain differently, but the circumstances sound like straightforward fraud/theft to me? If the tradesman can show that he has actually made orders with the money then obviously it is different, but otherwise the Police should be involved.

[Rozzers]

I’ve had builders give me a quote number and ask me to pay the supplier direct for delivery to my address, I’ve never given an individual cash up front.

20 years ago I done a big build and in those days the merchants drivers took cash and cheques and we just paid them, paying the builder weekly on progress.

Sounds dodgy.

[captain.scarlet]

Did the OP check to see if the tradesman had valid insurance in place?

The next question arises as to how to get the details and try and escalate. The website may be reluctant due to data protection etc.

Are you able to trace him by Googling his mobile number and company/business details? If so then it would help massively.

You also transferred money to an account, so all that can be traced if you want to start getting your evidence together as a precaution.

Hopefully you can get this resolved swiftly. Sorry you're having to go through this.

[kestral]

The correct procedure is to write to him requesting a refund within 14 days.

Head the letter. Letter Before Action.

Explain that if you have not received the refund within the 14 days you will have no other alternative to institute proceedings in the County Court for a full recovery.

Point out that you have waited 60 days for a refund.

[gcollins]

We now always ask for a 10% deposit on any work up to £80k, and 5% on anything over. Everything is all written down and signed by both parties.

[Canon_Fodder]

Ste372 said:

Post was placed on my builder

Do 'My Builder' not provide any protection for buyers?

[Terminator X]

lost in espace said:

I would give 101 a ring if as we are talking fraudulent tradesmen taking pensioners money. They are pretty hot on this.

£500 will be pretty much impossible to see again unless the chap who has it voluntarily returns it imho.

TX.

[Terminator X]

ClaphamGT3 said:

And this why, however big or small the job, you never, ever pay a tradesman or building contractor up front.

I will repeat my oft quoted mantra on the subject; the tradesman who cant afford to cashflow your job won't be capable of doing your job

In this day and age that will be a very small list. Pretty much everyone askes for money ahead these days as the alternative is to do some work and risk getting stiffed for it yourself. Just check them out first to make sure they are genuine vs someone who has a reputation for it?

TX.

[Andeh1]

Terminator X said:

ClaphamGT3 said:

And this why, however big or small the job, you never, ever pay a tradesman or building contractor up front.

I will repeat my oft quoted mantra on the subject; the tradesman who cant afford to cashflow your job won't be capable of doing your job

In this day and age that will be a very small list. Pretty much everyone askes for money ahead these days as the alternative is to do some work and risk getting stiffed for it yourself. Just check them out first to make sure they are genuine vs someone who has a reputation for it?

TX.

Strongly disagree! Several years, 3 properties and a dozen jobs.... Not once has anyone ever quibbled about payment in stages after work done. Last bill was £28k within 14 days of the invoice, post job completion.

Decent builders will get 30 days credit with merchants....why would they need payment up front unless they have proven themselves to be unreliable & unable to secure credit themselves!?

[gcollins]

Andeh1 said:

Strongly disagree! Several years, 3 properties and a dozen jobs.... Not once has anyone ever quibbled about payment in stages after work done. Last bill was 28k within 14 days of the invoice, post job completion.

Decent builders will get 30 days credit with merchants....why would they need payment up front unless they have proven themselves to be unreliable & unable to secure credit themselves!?

You buy a car you pay a deposit, You purchase a kitchen you pay a deposit. We are no different, Fully booked up and all work through recommendations.

[ClaphamGT3]

Terminator X said:

ClaphamGT3 said:

And this why, however big or small the job, you never, ever pay a tradesman or building contractor up front.

I will repeat my oft quoted mantra on the subject; the tradesman who cant afford to cashflow your job won't be capable of doing your job

In this day and age that will be a very small list. Pretty much everyone askes for money ahead these days as the alternative is to do some work and risk getting stiffed for it yourself. Just check them out first to make sure they are genuine vs someone who has a reputation for it?

TX.

No it won't. Thirty years in the industry and thirty years of owning and renovating my own properties and I have never once paid a contractor up-front or advised a contractor who has.

[Sheepshanks]

gcollins said:

You buy a car you pay a deposit, You purchase a kitchen you pay a deposit. We are no different, Fully booked up and all work through recommendations.

You generally stick deposits on a credit card though. Likely the OPs parents have paid cash, and presumably £500 is quite a big proportion of the total cost of the job.

[Chicken_Satay]

ClaphamGT3 said:

And this why, however big or small the job, you never, ever pay a tradesman or building contractor up front.

I will repeat my oft quoted mantra on the subject; the tradesman who cant afford to cashflow your job won't be capable of doing your job

Exactly. I'd never pay a tradesman up front. I'd just find somebody else to do the job.