Gardener hasn't turned up to complete the job

thomasintrouble

Hi all,
We hired a gardener/ odd job man to clear some bushes and put up a new fence last week. On Friday the concrete at the base of the poles was still setting so he said he'd be back to put the gate on today ( Monday) and asked for full payment. My wife went against all the usual advice and paid... in her defence he seemed genuine enough and had done a good job up to this point.

Forward to today and he hasn't turned up. Worse, now the concrete has set the uprights are in the wrong place. He says he's been snowed under today and will be here tomorrow but my faith is declining... what recourse do we have if he doesn't turn up and/or doesn't sort out the uprights so the gate actually fits?

Cash paid is £230. Is that too small for the small claims court, and would we have a case?

frugal_mike

No, that isn't at all too small for small claims court. What evidence do you have of the contract? Did you get a receipt for the money paid. You definitely have a case if he doesn't do the work paid.

I'd give him a chance to finish first though. If he doesn't do that then you need to send a Letter Before Action demanding he finishes the work, or compensates you for whatever it will cost to get someone else to complete the work.

Do remember though that even if you win the small claim he might still not pay. You would then have to pay to have the debt enforced and hope he has assets they can reclaim.

thomasintrouble

Thanks for taking the time to respond with such useful advice Mike!

He hasn't turned up again today. I'll give him a week to sort it before thinking about how to take it further.
Unfortunately all verbal, all cash and no paperwork. So I'm worried that any case may turn out to be my wifes word against his...

frugal_mike

It wouldn't be the strongest of cases unless you have witnesses. The small claims court operates on the principle of the balance of probabilities rather than beyond reasonable doubt though, so it would depend on what evidence you presented and whether he bothered to put in a defence.

I've never personally been through a small claims process though so I would have to leave it to someone else to give more in-depth advice.

hollydays

Where did you see him advertised?

wealdroam

thomasintrouble wrote: »

Unfortunately all verbal, all cash and no paperwork. So I'm worried that any case may turn out to be my wifes word against his...

With nothing else, it certainly will be a case of your wife's word against his.

Do you have a name and full address for this guy?

arcon5

Text him asking when he's completing the job paid for, politely of course. If he texts back you will have something concrete to show a court. No point threatening court after just a day though! It's a slow process so try work it out.