Landscape Gardener has taken £10,500! HELP

MrHelpful

We were having our garden landscaped at a considerable cost of £15,000 (yes Fifteen Thousand Pounds) for a big project. To cut a long story short we had a set works/payment schedule but now probably 50% into the job....with the landscaper just getting the third installment (£10,500) he has stop doing any work.Yes, we should have in hindsight not paid the third installment but he was persistent and threatening to stop works if we didnt pay and we were so keen just to have the job finished.. After trying to see what the issue was - he said he needed the next installment even though he is behind on the works schedule. He isn't willing to finish the works unless he can use cheaper material and agree a new payment play but not lower the price. He wants to make unitlateral changes to the contract which I have refused - He has now even stopped contact! I've written a letter before action and it looks like I will take him to small claim court - just looked at the form and puzzled what do I put in when money was owed? what am I suppose to put here? should it be date of schedule completion ... I have had someone quotes to finish the job and they have said £9,500! making a total outlay of £20,000 and me being out of pocket by another £5,000. I am at my wits end as we are living in the middle of a building site, with no access to garden unless walking down some planks as he removed the steps and I can't believe how this landscape gardener has absolute no morals. How he has changed in character is astonishing - Words cannot describe the devastation he has caused.I also have just checked my home insurance and I don't have legal expenses but as claim is under £10k - small claims seems the logical path to take... any thoughts?

hollydays

How did you find him?
Have you tried searching for online reviews?
Is he a limited company.
What documentation have you got?

MrHelpful

How did you find him?

Through the internet and local directory which came through the post

Have you tried searching for online reviews?

Yes - he is on MyBuilder and has very good reviews

Is he a limited company.

No

What documentation have you got?

I have a written quote / contract which he signed, together with receipt payments (made in cash), a work schedule he had emailed me but now he is stating it was just proposed, also emails stating issues together with photos and subsequent emails with letter before action.

unholyangel

Have you sent him a formal (not by email) letter before action yet? Its important you send this prior to filing against him in court giving him one last chance to finish the work himself as originally agreed or to pay up for someone else to finish it.

Do be aware though that despite the other party being in breach, you do have a duty to mitigate your losses. So personally I'd get a few quotes to show the costs i'm claiming are reasonable.

ETA: misread OP's original question as what money is owed so have removed a bit of my reply.

MrHelpful

Hello

I have so far had 4 quotes come in and they range between 9.1k and 11.5k. Yes a letter before action has been issued (email and post) clearly stating what you have said and I have given him the opportunity to finish the job a number of time but he only replies by text and wants to use cheaper paver and revised payment plan for which we are not happy as he doesnt want to reduce contract price. His last text requested that I stop contact and there was enough funds left in the project - clearly not as at present I am looking at being approx 5k out of pocket.