Builder disappeared

Gazelle1985

Hi,

I posted this in the consumer rights section as well, but thought someone in this forum might be able to help...

My partner and I began a structural project in August. We paid half the money upfront to the builder, and have a signed agreement stating this.

When the builder began work, he discovered that the scheme he had originally proposed would not work. Since then we have been trying to get around various issues to make the scheme work, which the builder has been involved in along with a structural engineer.

We got to the point where we still had no idea when we would actually be able to begin work, and although we still intended to go ahead with work and with the original builder, we wanted our money back (but leaving the builder with a deposit) – as it was a substantial amount and we were starting to feel uncomfortable about the fact that no work had been carried out.

The builder was being a bit difficult and evasive – i.e. telling us that we’ll have to wait until he’s finished a current project he’s working on before he can consider a refund, and then not getting back to us for weeks etc.

The builder now seems to have gone completely AWOL. We have ringing, texting and emailing him all week and have not heard anything back. I have a horrible feeling that we have lost our money...we have an address for him, but its a long way away (over an hour and 3 trains away), with no guarantee that he would be in if we went round there.

What can we do in this situation? I feel so helpless and so scared that we have lost all our money . This is our first house, and the first time we have ever done any kind of building work and we tried to be as prepared as possible by getting a builder with (seemingly) good reviews, but it seems that you really can't trust anyone.

Can anyone offer any advice? We have no idea what to do.

Thanks

iamana1ias

Gazelle1985 wrote: »

Hi,

I posted this in the consumer rights section as well, but thought someone in this forum might be able to help...

My partner and I began a structural project in August. We paid half the money upfront to the builder, and have a signed agreement stating this.

When the builder began work, he discovered that the scheme he had originally proposed would not work. Since then we have been trying to get around various issues to make the scheme work, which the builder has been involved in along with a structural engineer.

We got to the point where we still had no idea when we would actually be able to begin work, and although we still intended to go ahead with work and with the original builder, we wanted our money back (but leaving the builder with a deposit) – as it was a substantial amount and we were starting to feel uncomfortable about the fact that no work had been carried out.

The builder was being a bit difficult and evasive – i.e. telling us that we’ll have to wait until he’s finished a current project he’s working on before he can consider a refund, and then not getting back to us for weeks etc.

The builder now seems to have gone completely AWOL. We have ringing, texting and emailing him all week and have not heard anything back. I have a horrible feeling that we have lost our money...we have an address for him, but its a long way away (over an hour and 3 trains away), with no guarantee that he would be in if we went round there.

What can we do in this situation? I feel so helpless and so scared that we have lost all our money . This is our first house, and the first time we have ever done any kind of building work and we tried to be as prepared as possible by getting a builder with (seemingly) good reviews, but it seems that you really can't trust anyone.

Can anyone offer any advice? We have no idea what to do.

Thanks

Never, ever pay anything up front.

iamana1ias

You'll have to take him to court. Good luck.

macman

Why oh why did you pay 50% upfront? 10% might be reasonable. You builder has no doubt financed some other job using your cash.

ormus

or a new porsche?

Gazelle1985

or a new porsche?

He wouldn't be able to get very much Porsche with £450...

We paid the 50% upfront, because we're completely new to this, and thought that that it how it worked. We got quotes from several builders and picked the one who seemed the most reliable and had good reviews - not the cheapest one. Lesson learned now.

Does anyone have any other advice as to how or what we can do to get our money back? Has anyone been in the same situation? £450 is probably not worth going to court for, so are there any other options?

Thanks

Innys

£450? Seems like quite a small structural project.

Anyway, the good news is for that amount you can take him to the Small Claims Court and be protected from any legal costs should you lose. The fact that you have a signed agreement should make it much easier to win the case. Personally, I would bother to take him to Court. If you have done nothing wrong, cowboys like this shouldn't get away with it.

As regards any other options, I can't think of any. Sounds like he's not going to finish the work or refund you unless he's compelled to.

macman

Either go and see him one evening, or write to him by recorded delivery giving him 14 days to return your deposit or advising that you will pursue the matter by the Small Claims process without further notice. May work, may not. The SCP will cost you about £30, so probably worth trying for a debt of £450.
I think that when you said the project involved a structural engineer, most people envisaged a building cost of many thousands...

Gazelle1985

Thank you very much for the advice, I think we may be forced to try the small claims court.

The project is basically strengthening existing structures in the loft, so not a major project, but one which required a structural engineer for the calculations. The £450 is half of the project cost of £900.

trumpton

Thank goodness it was 'only' £450 (though I appreciate this is still quite a sum). I think we were worried you had lost thousands.

The above advice is spot on - write recorded delivery, 14 days to refund, then Small Claims Court. You can do it online. It is not worth pursuing through a solicitor as you would soon rack up £450 in fees. Even if you win in the SCC there is no guarantee he will pay up, but at least he will have a claim recorded against him.

MX5huggy

Court is the right advice, but it has only been a week, AWOL may be a week of holiday, take a breath and leave it a few days and try again.

But no builder I know would be willing to travel 1 hour for a £900 job.