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  • FIRST POST
    • addis123
    • By addis123 13th Jun 17, 7:56 AM
    • 22Posts
    • 3Thanks
    addis123
    Refund from gardener
    • #1
    • 13th Jun 17, 7:56 AM
    Refund from gardener 13th Jun 17 at 7:56 AM
    Hi

    Not sure if this should be in the DIY forum but it's about getting a refund so I thought it might be better here.
    Last October we got a landscaper to do our front and back garden and some fencing. We paid him a small deposit and also £2000 for him to get some materials. He said we were booked in for October but he put the job off because of the weather initially and then personal reasons. My wife had to go away at the beginning of the year so we agreed he'd start in March. Didn't start the job due to other jobs coming up when my wife was away so he had to finish them so we gave him the benefit of the doubt. Then other excuses came as to why he couldn't start the job. So as we got into May we asked for our money back as he'd had it for 7 months and nothing had been done. He agreed to this as he said only half the money had been spent and he would get this back from the suppliers. Now he's dragging his heels over the refund (I've a feeling he may have spent our cash finishing other jobs)
    Now the problem is we didn't get a receipt off him for the £2000 (only for the deposit) I know this was a mistake and I know we shouldn't have given him cash upfront but that's what's happened and that's that. What we do have though is all our correspondence through Facebook messenger including him agreeing him to give us the refund, so all the details are there.
    Apologies for the length of the post but wanted to include as much info as I could. So basically am wondering where we would stand legally with no written contract or receipt in trying to get our money back if he refuses to pay.

    Thanks for reading this far if you have and thanks in advance for any advice.
Page 1
    • Browntoa
    • By Browntoa 13th Jun 17, 8:00 AM
    • 31,228 Posts
    • 36,921 Thanks
    Browntoa
    • #2
    • 13th Jun 17, 8:00 AM
    • #2
    • 13th Jun 17, 8:00 AM
    £2000 in cash /bank transfer/cheque ??
    I'm the Board Guide of the Referrers ,Telephones, Pensions , Shop Don't drop ,over 50's and Discount Code boards which means I'm a volunteer to help them run smoothly and I can move and merge posts there. However, please remember, board guides don't read every post. If you spot an inappropriate or illegal post please report it to forumteam@moneysavingexpert.com Any views are mine and not the official line of MoneySavingExpert.
    • addis123
    • By addis123 13th Jun 17, 8:25 AM
    • 22 Posts
    • 3 Thanks
    addis123
    • #3
    • 13th Jun 17, 8:25 AM
    • #3
    • 13th Jun 17, 8:25 AM
    Sorry. Everything was cash. Daft I know. He was a friend of a friend so we thought he'd be sound but you live and learn. I kind of think he'll give us our cash back but I just have a nagging feeling at the back off my mind that the money has gone.
    • m0bov
    • By m0bov 13th Jun 17, 9:08 AM
    • 966 Posts
    • 662 Thanks
    m0bov
    • #4
    • 13th Jun 17, 9:08 AM
    • #4
    • 13th Jun 17, 9:08 AM
    You handed over £2k in cash with no receipt?!!
    • Sicard
    • By Sicard 13th Jun 17, 9:12 AM
    • 561 Posts
    • 475 Thanks
    Sicard
    • #5
    • 13th Jun 17, 9:12 AM
    • #5
    • 13th Jun 17, 9:12 AM
    As soon as the 'personal reasons' excuse arises alarm bells should be ringing.
    Part of the inhumanity of the computer is that, once it is competently programmed and working smoothly, it is completely honest.
    Isaac Asimov
    • m0bov
    • By m0bov 13th Jun 17, 11:15 AM
    • 966 Posts
    • 662 Thanks
    m0bov
    • #6
    • 13th Jun 17, 11:15 AM
    • #6
    • 13th Jun 17, 11:15 AM
    Best thing OP can do, is send a LBA. Did you get a break down of costs? Contract? Timeline for payments? Any decent contractor would have an account, this is classic scamming tactics. Have you spoken with local trading standards?
    • addis123
    • By addis123 13th Jun 17, 1:28 PM
    • 22 Posts
    • 3 Thanks
    addis123
    • #7
    • 13th Jun 17, 1:28 PM
    • #7
    • 13th Jun 17, 1:28 PM
    Yeah, getting onto the local trading standards after work.
    @m0bov. What's a LBA? Thanks.
    • RoonilWazlib
    • By RoonilWazlib 13th Jun 17, 1:31 PM
    • 117 Posts
    • 77 Thanks
    RoonilWazlib
    • #8
    • 13th Jun 17, 1:31 PM
    • #8
    • 13th Jun 17, 1:31 PM
    Citizens Advice Consumer Service take calls on behalf of Trading Standards. 03454040506.


    Was the contract agreed at your house, or at traders business premises (or elsewhere?).
    Did you get anything in writing at all?
    • Ardi
    • By Ardi 13th Jun 17, 1:35 PM
    • 1 Posts
    • 0 Thanks
    Ardi
    • #9
    • 13th Jun 17, 1:35 PM
    • #9
    • 13th Jun 17, 1:35 PM
    Should have everything on writing.
    You ll most probably never see your money again.
    Am a builder myself and I ask for deposit after first day at work and also bought some materials to start with with my own money.only once I didn't email price due to thinking we d have no problems whatsoever it turned out to be a nightmare
    • addis123
    • By addis123 13th Jun 17, 1:41 PM
    • 22 Posts
    • 3 Thanks
    addis123
    Thanks for the advice. Wife has just had a message from him and he's apparently at the suppliers now getting the refund so fingers crossed.
    • Le_Kirk
    • By Le_Kirk 13th Jun 17, 2:04 PM
    • 1,797 Posts
    • 895 Thanks
    Le_Kirk
    Yeah, getting onto the local trading standards after work.
    @m0bov. What's a LBA? Thanks.
    Originally posted by addis123
    LBA is a Letter Before Action and is required/advised before commencing court action.
    • addis123
    • By addis123 13th Jun 17, 2:07 PM
    • 22 Posts
    • 3 Thanks
    addis123
    Ok great. Cheers.
    • kaya
    • By kaya 13th Jun 17, 4:24 PM
    • 2,319 Posts
    • 2,693 Thanks
    kaya
    im just at the end of taking a builder to court, first you need to send him a letter saying you no longer want him to complete the work and youre employing someone else, this is to stop him from coming back when you have got somebody else to do the work and claiming you owe him money as you wouldn't let him do the work , he was ill, you told him to start months later etc.etc. apparently it happens a lot and you are intending to hold him to his verbal contract so he can do the same to you, next you write him a letter saying what he has to do to complete the work agreed and give him 14 days to respond then another 14 days to complete the works in your letter, next you should call a mediation service to try to sort it out, apparently its not unheard of for judges nowadays to throw a case out of court (you dont get a refund) if you have not attempted mediation first(this isnt a legal requirement but when you get him to court you can tell the judge you have crossed the t's and dotted the i's), after all tha you send a letter before action stating exacty what you are taking him to court for, how much you want and also what evidence you will be providing. Now after all that is done and finished you can begin court proceedings. I am finally on the last leg and my builder has until tomorrow to file his defence or the court will decide on the case. As mentioned previousey you cane get near trading standards now and get fobbed off with citizens advice who (if they think its nessecary and worthy) will pass your info onto trading standards who will then consider if they think its worth persuing . Good luck
    • addis123
    • By addis123 13th Jun 17, 8:40 PM
    • 22 Posts
    • 3 Thanks
    addis123
    Just to update. He's been in touch and said he has filled in the refund forms and the money should be back in his account in a few days. He's also asked for our bank details to transfer the money into our account instead of coming round with the cash. It's safe do this isn't it? Also would there be any reason he's asking to do it this way instead of cash (maybe I'm being paranoid) I'm guessing just for conveniance.
    • Moneyineptitude
    • By Moneyineptitude 13th Jun 17, 9:34 PM
    • 18,785 Posts
    • 8,959 Thanks
    Moneyineptitude
    I'd want cash or a cheque.
    • Keep pedalling
    • By Keep pedalling 13th Jun 17, 10:33 PM
    • 3,149 Posts
    • 3,362 Thanks
    Keep pedalling
    I'd want cash or a cheque.
    Originally posted by Moneyineptitude
    Cash or bank transfer should be fine. Would not want a cheque might turn out to be a rubber one.
    • Dash_r
    • By Dash_r 13th Jun 17, 10:41 PM
    • 20 Posts
    • 7 Thanks
    Dash_r
    Just to update. He's been in touch and said he has filled in the refund forms and the money should be back in his account in a few days. He's also asked for our bank details to transfer the money into our account instead of coming round with the cash. It's safe do this isn't it? Also would there be any reason he's asking to do it this way instead of cash (maybe I'm being paranoid) I'm guessing just for conveniance.
    Originally posted by addis123
    Giving an account number and sort code is very safe - although I'm assuming you've gone ahead and given it out.

    All people can do with those two numbers is pay money to you.. or set up a direct debit.

    Hope you get your money back.
    • Moneyineptitude
    • By Moneyineptitude 13th Jun 17, 10:49 PM
    • 18,785 Posts
    • 8,959 Thanks
    Moneyineptitude
    Would not want a cheque might turn out to be a rubber one.
    Originally posted by Keep pedalling
    Yes, but if it bounced the OP would only be in the same position he's in now. Taking Bank details doesn't guarantee anything will be paid into the account and there is no audit trail (unlike a cheque, even a bounced one).
    • addis123
    • By addis123 13th Jun 17, 11:04 PM
    • 22 Posts
    • 3 Thanks
    addis123
    Not given anything out yet. He's letting us know Fri/Sat so will hopefully update on the situation then.

    Thanks for the replies.
    • Takeaway_Addict
    • By Takeaway_Addict 14th Jun 17, 1:06 PM
    • 5,544 Posts
    • 6,308 Thanks
    Takeaway_Addict
    It maybe worth setting a paper trail if you havn't. The odd text on Sat

    ' Hey XXX, could you give me a bell when you've processed the £2000 refund'

    At least this way if he disputes down the line the amount you have a stronger case to show he is talking rubbish.

    If he claims it isn't that to start with then you know exactly where you stand without weeks of rubbish.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
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