carpenter didn't do work, now struggling to give deposit back. any ideas?!

mattwillco1

Good afternoon everyone, many thanks in advance to those who read and answer this post, but we are looking for some advice from those either in the know or those who have experienced the same.

Last year, a local, reputable carpenter gave an estimate for a built-in wardrobe and provided us with a written quote. He asked for a 40% (£336), which we thought was reasonable in the circumstances as he needed to purchase materials for the project. He gave us a date to start, but over several months he cancelled several times and rescheduled. This got to the stage where we became frustrated, despite our sympathies, as he made it known that he was going through personal difficulties.

In recent weeks, we have secured the services of another carpenter and have requested the deposit back from carpenter no.1. Despite many-a-text going back and forth, where he was apologetic and stated that we would get the money back in bits, he has said that he has had to sell his house and only has £50 to his name. He still remains apologetic and insists that he will repay it. My wife, the more optimistic of us two, believes in the power of insistence and that we should arrange a monthly payment schedule with him. However, i feel as though we should put any sympathies aside and apply for a claim via Small Claims.

We have the original invoice, a record of the internet bank transfer and all the texts between him and my wife.

Any advice would be welcome!!!!!

Stevie_Palimo

If he has no cash as he says then Court claims will not make much difference, Tell him straight to pay you some to show willing and if he fails threaten action.

maninthestreet

Surely you SAW this coming? Personally, I think you should NAIL him.

mattwillco1

Thanks Stevie, i appreciate what you say. He does have a vehicle (if not two), along with his house contents and work tools. How does this affect things? This is a whole new scenario for us so any info is appreciated.

Stevie_Palimo

Well if you have tried other routes and being polite to no avail then time to be firm and say right you have 7 days to start paying this off even in agreed amounts or I will take legal action, If you do need to take it to Court and win then he can still ignore it or pay off little amounts.


If he ignored it but has the means then it needs to go back to Court for bailiffs to go in on your behalf all of which adds up to extra money time and stress, Best bet is try every other avenue first.

bod1467

Was he trading as a limited company or a sole trader at the time of engaging his services?

mattwillco1

He's a sole trader.

wealdroam

mattwillco1 wrote: »

Thanks Stevie, i appreciate what you say. He does have a vehicle (if not two), along with his house contents and work tools. How does this affect things? This is a whole new scenario for us so any info is appreciated.

I'm pretty sure that bailiffs cannot seize tools of trade. Don't whether a van comes under 'tools' though.

bod1467

If you've seen The Sheriffs Are Coming you'll know that they'll seize anything and everything - including tools and vehicles.

DandelionPatrol

bod1467 wrote: »

If you've seen The Sheriffs Are Coming you'll know that they'll seize anything and everything - including tools and vehicles.

They can and will do that to a company, but a sole trader is an individual and it would be worse than Victorian to take away a man's means of making a living. I believe it does not happen.

unholyangel

Apparently work tools are only protected up to a value of £1350

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/your-belongings-and-bailiffs/what-goods-can-a-bailiff-take/belongings-a-bailiff-can-take/