Recovering payment from tradesman

Hi folks


I could do with a bit of advice from anyone who's had to pursue a tradesperson or company for monies paid for a job that wasn't completed.


I paid £750 to a fencing company (all those in a previous thread who told me to DIY instead, consider yourselves vindicated!) for materials for a job that was due to start last Friday. The problems started as soon as the bank transfer went through and I asked for a receipt and got no response.


The business owner went incommunicado for 4 days, to both me and to his sub contractor (who took the old fence down then found there was nothing to put up in its place), and then popped up again on Wednesday on a new mobile number, asking for an extra £340 to cover additional costs. He claimed he'd been delayed on another job, dealing with personal problems, MOTing and taxing his van and also in court.


Long story short, he promised faithfully to show up Wednesday, then yesterday, with receipts, goods, and a general inclination to do the work. I expect you can guess what happened on both occasions. The new mobile number is now also dead.


I've filed a report with Action Fraud, kicked myself for not insisting on paying the builders merchants directly, and made arrangements for someone to finish the job (both sides have dogs and need the garden secured)


I've checked on Citizens Advice and am sending a letter by post and email, ending the contract and asking for a refund. The site then recommends a mediation service before going to LBA and small claims.


Anyone else been through this process? The mediation thing is a new one on me, and I do wonder how well I can mediate with someone who keeps disappearing!
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Comments

  • Silver-Surfer_2
    Silver-Surfer_2 Posts: 1,850 Forumite
    Hi folks


    I could do with a bit of advice from anyone who's had to pursue a tradesperson or company for monies paid for a job that wasn't completed.


    I paid £750 to a fencing company (all those in a previous thread who told me to DIY instead, consider yourselves vindicated!) for materials for a job that was due to start last Friday. The problems started as soon as the bank transfer went through and I asked for a receipt and got no response.


    The business owner went incommunicado for 4 days, to both me and to his sub contractor (who took the old fence down then found there was nothing to put up in its place), and then popped up again on Wednesday on a new mobile number, asking for an extra £340 to cover additional costs. He claimed he'd been delayed on another job, dealing with personal problems, MOTing and taxing his van and also in court.


    Long story short, he promised faithfully to show up Wednesday, then yesterday, with receipts, goods, and a general inclination to do the work. I expect you can guess what happened on both occasions. The new mobile number is now also dead.


    I've filed a report with Action Fraud, kicked myself for not insisting on paying the builders merchants directly, and made arrangements for someone to finish the job (both sides have dogs and need the garden secured)


    I've checked on Citizens Advice and am sending a letter by post and email, ending the contract and asking for a refund. The site then recommends a mediation service before going to LBA and small claims.


    Anyone else been through this process? The mediation thing is a new one on me, and I do wonder how well I can mediate with someone who keeps disappearing!

    On a side note, it's up to your neighbours to secure their animals.
  • Drachenfach
    Drachenfach Posts: 171 Forumite
    On a side note, it's up to your neighbours to secure their animals.


    No doubt, but it's hardly ideal for either of us to have to put the dogs on a lead every time they need a wee.
  • Kiran
    Kiran Posts: 1,531 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    How much of it do you have in writing? That will be key if and when you need to go to court
    Some people don't exaggerate........... They just remember big!
  • Silver-Surfer_2
    Silver-Surfer_2 Posts: 1,850 Forumite
    No doubt, but it's hardly ideal for either of us to have to put the dogs on a lead every time they need a wee.

    Oh you have one too. Best get a fence up then. :p
  • brightontraveller
    brightontraveller Posts: 1,379 Forumite
    edited 20 May 2016 at 2:28PM
    If they are limited company then really your stuffed yes you can take them to court get into arguing the difference between works actually done the sub contractors removing fence etc and what you paid ? Down to what your contract says etc there ? There are procedure writing to company recorded delivery at registered address etc

    Even if you win you may still get nowt or pound a week ? Fractionally more you can do if there sole trader have assets etc?

    Establish what they are check if they known for it trading standards, google name telephone number etc Are you thinking moral issue/victory or that you wish monies back of both ? Way against the cost/time to do so against chance of successful outcome,,,
  • Count yourself lucky it was only £750.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Did you obtain a crime reference and have you forwarded this on to your banks fraud team.
    I do Contracts, all day every day.
  • Silver-Surfer_2
    Silver-Surfer_2 Posts: 1,850 Forumite
    Did you obtain a crime reference and have you forwarded this on to your banks fraud team.

    He won't get a crime number until action fraud sent it onto the relevant police force.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    From 2014 most major banks signed to a voluntary agreement with the payments council to recall bank transfers where a mistake has occurred or the sender is a victim of fraud.
    They can place the transfer in escrow trust account for 20 days until the matter is investigated with both parties having to submit evidence.

    Call the banks Fraud team and report the matter and ask them about the payments council voluntary scheme informing them you will have a crime reference number .
    I do Contracts, all day every day.
  • Silver-Surfer_2
    Silver-Surfer_2 Posts: 1,850 Forumite
    From 2014 most major banks signed to a voluntary agreement with the payments council to recall bank transfers where a mistake has occurred or the sender is a victim of fraud.
    They can place the transfer in escrow trust account for 20 days until the matter is investigated with both parties having to submit evidence.

    Call the banks Fraud team and report the matter and ask them about the payments council voluntary scheme informing them you will have a crime reference number .

    We don't know there is a crime number yet.

    Here's how it works.

    Fraud is reported to Action Fraud.
    If it gains enough points it is sent to the most appropriate Police Force to investigate.
    Once they receive the report it gets a crime number and is allocated for investigation.

    Just because you report it to Action Fraud doesn't mean it will get a Crime Number.
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