What would you do ?

[Deleted]

I'm after a bit of advice from my eminently sensible friends on GWD.

As you may or may not know, I was planning on having some building work done. For financial reasons (and for the sake of my mental health & wellbeing) we called the work off at the last minute.

I had paid the builder £8000 up front to start work, to cover the cost of materials, skip hire etc for the first part of the build. When I called it off, I spoke to the builder and he agreed to refund the money, less the handling fees for some special bricks he'd had to order.

I was happy to pay any expenses he'd incurred and couldn't get back and I agreed that he could pay these out of the £8000 and then refund me the balance, which he agreed to do as soon as he knew what the handling fees were going to be.

That was 5 weeks ago and I still haven't seen any sign of a refund from him. I spoke to him last week and he said he "hadn't sorted it out yet" so I asked him to chase it up and to deal with it, which he said he would do. I've checked my bank statement online today and there's still no sign of the refund.

How would you approach it from here ? I don't want to get too arsey with him and start threatening solicitors because I want a significant chunk of my money back but how long do I wait before I start pressuring him ? I've thought of threatening the small claims court but I don't want to go that route if I can help it.

I'm a little worried that he's going to stitch me up but from mutual acquaintances, I've heard that he's a pretty honest and straight sort of guy and they don't think he would do that.

What would you do in my situation ? Any advice or similar experiences you'd like to share would be appreciated.

Thanks
FA x

[Jasmine]

That's a really tricky one FA. I think the small claims court is brilliant because it gives us 'small' folk a voice against big companies who think they can provide shoddy service and then walk all over you when you complain, but you are not dealing with a faceless big company. I would remind him again.
When he does give you your refund if you are not happy ask for a break down of the costs he has taken and then you can decide about the small claims court.
I don't know if you feel you can give him a time limit for your refund.
Jx

[Barbara]

can you tell him its some type of bridging loan, incurring interest, and as rates are high your struggling, if he's a decent bloke he will understand that ordinary families are not doing so well at the mo, dont know if im being any bloody help at all really.
if you threaten court he might get his back up

[Shrubrose]

If the general view is that he's a decent chap FA, I'd run with that. In my limited experience builders tend to be busy folks. (We had a pond installed two years ago and we're still waiting for the bill, believe it or not!!!). I reckon if you take the softly, softly but eminently reasonable approach that you need to get it sorted from a financial point of view, I'm sure he'd understand and come through. Could you meet with him face to face? Usually easier than trying to handle it over the phone.

[Tig]

Offer to take him out for a pint FA, I think you will get a quicker response if you can lay your circumstances on with a trowel so to speak

You might also drop into the conversation that a couple of colleagues at work / friends / family members have asked if you know a decent, reliable builder?

Try to get him to commit to a deadline that is agreeable to you. Make a written note of all the dates and times you have discussed the refund, and what has been said, if you don't hear within that time write to him at his business address stating the position as you understand it, keep copies of all correspondence as you will require evidence of his intentions as you understand them if you should need to take legal action at a future date.

Hope you get it sorted out sooner rather than later though!

x Tig

[Weeterrier]

That's a difficult one FA. I agree with Shrubby. Sometimes folk are so busy working that they never get around to doing their accounts.
I would tell him that you really need the money ASAP, that you are paying interest on it. If that doesn't work, you may have to go the official route.
I've dealt with builders, and fortunately it worked out well, but here is advice I was given by them. The builder I had had his own little business. He was a joiner and he employed another joiner and a labourer. Jobs like roofing, electrics etc., were given to other small businesses that he used all the time. What I'm getting at is, the man wasn't part of a big organisation, so didn't have financial back-up.
He said NEVER to pay money upfront. A decent reliable builder should have a good credit arrangement with his supplier, allowing him a month or so to settle. As each part of the work is completed to the client's satisfaction, then that could be paid for, allowing the builder to pay off his debts.
Too late for you this time FA, but next time, if a tradesperson asks for money first, get someone else.
I'm beginning to wonder if you are a bit like my first husband. He was really brainy but didn't have an ounce of common sense. ;D No offence

[Plocket]

I'm like WeeT and think you should talk to him again and tell him that things are getting very tight for you financially. If he's an honest bloke he will talk to you. It might be an idea to try and get him to tell you how long it will take to sort out the refund..

Good luck FA, I hope you get your money back soon.

Px

[blodau]

Hi FA

Just thought I'd add my twopennies worth. It is the case that small businesses are notorious for not being up to date with accounts. I have a friend who is an electrician and I've been waiting over a month now for an invoice for some work he did for us. When I remind him that I owe him money he promises faithfully to sort it out. Luckily for me the boot is on the other foot, but I would guess that your chap is in a similar mould. Especially if you've had good reports from others.

Just keep reminding him and yes it doesn't hurt to say you're in need of the money. Builders, at the moment, along with a lot of the other trades are struggling themselves because of the credit crunch. People aren't having extensions built so really they can't afford to annoy customers and have that passed around. A gentle hint that you could reccomend him to others is worth trying.

Good luck.

Blod

[Amo]

I’m still waiting for a bill for some roofing work done last year. I didn’t employ the builders for their accounting skills though!! The builders we are using next month took forever to come up with a written quote, but we got it eventually.

WeeT’s advice is good. Come to some arrangement about payments beforehand and they should have their own finances in place to start a project.

Don't you have an interesting employer and does he know who it is ?? And a phone call every other night or so could get a bit of a hint over.

[farmersboy]

I hope i would never be silly enough to pay that sort of money up front.

[nightowl]

Oh deary me FA , your out-of-character mad moment when you thought you could afford the building work has had some very far reaching consequences hasn't it?

Even paying off the credit cards has backfired on you , apart from all this grief with the deposit . I still can hardly believe you have got in all that mess I bet you never will again

I hope you get straightened out soon

[Deleted]

Aug 16, 2008 5:56:52 GMT farmersboy said:

I hope i would never be silly enough to pay that sort of money up front.

Gosh, I wish I was as perfect as you FB.

[farmersboy]

;D Im far from that FA,im just not that trusting.

[flowersfriend]

Tricky..... I think, if it was me, I would go and see him face to face maybe have a pint like Tig suggested. Tell him how it is and see what he says perhaps he has been too busy and just needs a gentle nudge to get it sorted out. The one thing I would do is not to let too much time elapse before contacting him. He might be a really nice honest bloke, but you can't be too careful with money, if he needed to finance your build, he probably needs to finance other builds ( hopefully not with your money)
Good luck FA

[Barbara]

please tell me you got sorted, or shall we all come round and sort him out for you.

[Deleted]

Sadly, no.

I'm going to try and speak to him tomorrow. If I don't get any joy then I'll have to commence some kind of legal action to try and get back what's rightfully mine !

FA x

[Susie Snowdrop]

Sept 2, 2008 18:07:27 GMT @fatandy said:

Sadly, no.

I'm going to try and speak to him tomorrow. If I don't get any joy then I'll have to commence some kind of legal action to try and get back what's rightfully mine !

FA x

You go for it matey. Can't believe what you've had to go through. Hey, we all make mistakes and misjudge things from time to time. Tis human nature

If you need any help, I'll be round like a shot

S xx

[Tig]

Yep, me too FA - and Barbara is up for it - tell him to be scared - very scared!!

(Suzie I don't think those boots are really suitable attire for this type of job )

[Spruance]

What about the good old fashioned Solicitor's letter FA, or a letter of your own giving him a deadline by which you expect to have received the requested response. Remember that if you specify deadlines, you must stick to your guns and move to the next level of action rather than giving him 'just a little more time' as he will see the latter as a sign of weakness on your part, and may take advantage.

Failing that, I would be inclined to visit your local Trading Standards office as they have a whole raft of new powers effective from earlier this year and I am sure that they would be very interested to hear about your problems.

I don't know what your builder's cashflow situation is like but your £8000 may well be tiding him over until his next payment cheque. Like as not he is a quarterly VAT payer so he may be due a refund at the end of September and is hoping to hang on to your deposit until then.

Whatever the circumstances, there is no possible justification for him to retain your entire deposit just to cover the cost of some special bricks.

Good luck with whatever you decide to do.

[Deleted]

Thanks folks

Mrs FA spoke to him today and sai dthat he is "sorting things out" and that we would "definitely have it by next week". This is the same line he's used on me when I've spoken to him so I'm going to send him an email tonight giving him a week from today to get our money back to us or I will start legal proceedings.

My biggest fear is, as Spru says, he is using the money to tide him over until his next pay cheque or he has used the money to pay off some previous debts and now doesn't have it to give it back to us. If he's got cash flow problems, he may go bankrupt and we'll get nothing. I'm just hoping that he will pay us back before anything major like that happens.

I'll keep you informed.

FA x

[Amo]

If you accepted a quote from him you have entered into an agreement or contract. In your e-mail, which I strongly advise is followed tomorrow am by a hard copy in the post, you must state that you wish to have this resolved by a certain date and formaly break the contract with him. If you don't state that you no longer wish him to do the work for you, it could add extra time on the proceedings should you go legal.

[Deleted]

I've found out in the last few days that the "special bricks" he'd told us he'd ordered and on which there were allegedly "handling charges" were actually no such thing. They are called LBC rustic wirecuts and they are held in stock by both of our local builders merchants (where he gets all his materials from). There are no delivery or handling charges if the order is above £150, which it clearly would have been.

I've consulted with CAB today and been advised to write him a letter, setting out the sequence of events with dates and requesting refund of the full £8000. If he doesn't do it in 14 days, the only option open to me is County Court proceedings. I don't want to go down that route but I will if I have to. As it's more than £5000, it can't go down the small claims route, it would have to be the full CC proceedings but if it means getting at least some of my money back, I will do it.

FA x

[Barbara]

oh god its a mine field ,and builders wonder why we dont trust them, i need work doing and i have been asking round people who have had work done, to find someone decent but its a worry, i had a small roof done and it leaks in, i did'nt know till after i gave him his money, it looked alright, and dont ask about the man who decorated the kitchen, i think he was on something but good luck andy.

[Amo]

Try this website. www.checkatrade.com/

It's really great at letting you know what other people have experianced. Make sure you know exactly what you want from the builder, it's no good looking for a ground worker to do your loft conversion!! And better still, it's local to you!

[Tig]

What a palaver FA - such deceit is not at all professional. It is bad enough that you have the burden of the additional debt, without the hassle of legal proceedings to recover your money if he doesn't respond favourably to your letter. You should consider the matter of interest on the money owed if the matter goes to CC, as his failure to refund the money has resulted in additional financial loss on your part, and of course should the CC find in your favour he will also have to pay your costs.

Tig

[Deleted]

Still waiting. The absolute f***ing .

I've got to take him to County Court, which costs £225 and even if they make a judgement against him, there's no guarantee that he will pay it.

What a complete arsehole.

FA x

[Plocket]

Oh FA love this is just awful. Although it will cost you £225 to take him to court, it's GOT to be worth it, when you consider the amount that you are owed. But if they make a judgement against him, how can he get away with not paying it? Surely the law will have decided that he should do just that?

Did you ask the CAB whether you can put a poster up in your window pointing out what a BLEEP the builder is? ;D

[Jasmine]

It has to be worth a try FA. If they do find against him he will end up with a CCJ against him which will not help him if he wants credit anywhere and he will have to think hard about whether he wants to waste a day at court instead of working. For those reasons hopefully he will pay up as soon as he gets the summons.

[Tig]

If the CC make a judgement in your favour and he doesn't cough up there are actions you can follow up with FA ..

Have a look at some of the info on here, it may be worth your while if you haven't already seen this

www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10023133

x Tig

[Deleted]

I know that Tig, thanks. It's all just a hassle and I'd rather do without it. The worst thing is, I may push him into bankruptcy and then I'll get nothing anyway.

FA x