Kitchen Fitter has left me feeling angry and stupid

mikee31

Would appreciate some advice.

At the end of October 2016 I entered into a written contract with an independent project manager (PM), recommended by a family friend, for the following kitchen work, some of which has been done but most has not been done;

• Roof Plastered and painted (done)
• Wall plastered (done)
• Light supplied and fitted (done)
• Tiles to be supplied and fitted (supplied but not fitted)
• Flooring to be supplied and fitted (supplied but not fitted)
• Sink to be supplied and fitted (supplied but not fitted)
• Worktops to be supplied and fitted (supplied but not fitted)
• New kitchen units to be supplied and fitted (neither supplied nor fitted)
• Appliances (fridge freezer, oven, hob, dishwasher, washing machine, extractor hood) to be supplied and fitted (neither supplied nor fitted)

In order to purchase the goods/materials and undertake this work I gave the PM a deposit of 22.5% at the end of October. Some of the goods listed above started to arrive and the gas plumber, kitchen fitter, plasterer all visited to assess the existing kitchen.

The work was intended to start early December and be completed prior to Christmas. The plasterer carried out his work to the wall and ceiling However, there were issues with the fitter's schedule causing a delay and therefore we agreed a new start date of 3rd January.

At the end of December I paid a further 55% of the deposit in order to commit to the works taking place, purchase of goods, materials, etc. A painter came round to paint the ceiling and fit the ceiling light. Clearly I was annoyed with the lack of progress but at least things were slowly happening.

It was in early January that the real issues started and communication from the PM started to get less and less despite me chasing regularly for an update having not had any progress on the kitchen. I eventually (end of January) found out that the PM was going through a marriage split and was no longer living at the family home. This was the reason given as to why I hadn't heard much due to the PMs personal issues. Whilst I had some sympathy if it was me I would have had to carry on working in order to live, support the children, etc.

Its now March (over 4 months on) the PM will no longer answer his phone and whilst I have had occasional letters/emails apologising for the delays, asking me to bear with him, claiming he has nowhere to live, it just feels like I am being ripped off and my money has been used for other things rather than what it is intended for.

I have already written a letter to the PM threatening legal action if I do not have confirmation of a date for the work, purchase of the materials/appliances or return of the money within 7 days. This has not gotten me anywhere and its now almost 14 days since I sent that letter.
However, the business address is the marital home and I have spoken with the wife of the PM who confirms he is not living at that address anymore. Speaking with his wife did however prompt the PM to email me when he hadn't responded to my calls/text/emails previously. I have also spoken with the family friend, plasterer, painter and intended kitchen fitter all of whom have not heard from the PM for a while.

So, as the PM is not communicating with me (last received an email a week ago) my dilemma now is how to proceed. I am thinking small claims given that a mediator is pointless if the PM won't make contact and is no longer living at the address I have for them. However, if I make the small claims it will go to the business/wife's address and i'm unsure whether it will get me anywhere.

Advice is welcome please.

agrinnall

Just proceed with the legal action, using Money Claim Online to keep the cost of filing down. The guidance advises on what address to use for the defendant:

c) Providing a valid address for each Defendant
You need to provide a full address within England and Wales for
each defendant, including the post code.
This is known as their service address.
MCOL does not have jurisdiction outside
England and Wales, claims issued to addresses outside England
and Wales will be invalid.

if the defendant is an individual the claim
must be served to their usual or last known
residential address

if the defendant is an individual using a trading alias then
the claim may be served to their usual
or last known residential address
or their place of business


https://www.moneyclaim.gov.uk/web/mcol/welcome

naedanger

mikee31 wrote: »

Advice is welcome please.

Are you sure the PM has money to pay any claim, assuming you win?

mikee31

Thank you.Not knowing the breakdown of the costs I don't know exactly how much I should claim for, 22.5%, 55%, or total of what I have paid? Also, interest/expenses? As I mention, whilst some goods and services have been supplied and/or undertaken, some have not. Any advice on this?

mikee31

I don't know i'm afraid, I'm assuming that there would be money in the business/property? I understand you can check, but do I do it on the business or person?

naedanger

mikee31 wrote: »

I don't know i'm afraid, I'm assuming that there would be money in the business/property?

Seems a bit of an assumption. It sounds from your post that the PM had a reasonably good reputation but that things have gone to pieces for him and that he has quite possibly used your money for his own ends. If that it the case then he may well not have other money (at least in the short term).

I understand you can check, but do I do it on the business or person?

Who was your contract with - him or a company?
In either event I am not sure how (or if) you can tell if they have money. (In the case of a company there may be accounts but money could have been drained, possibly improperly, from the company since the last accounts were produced).

mikee31

Thanks. The contract is with the business which is also the home address.

AndyMc.....

mikee31 wrote: »

Thanks. The contract is with the business which is also the home address.

Is he a sole trader or a limited company?

mikee31

Sole trader

naedanger

mikee31 wrote: »

Thanks. The contract is with the business which is also the home address.

The purpose of my first post was simply to warn you that you could win a court case and still not recover any money if he has none. I would be concerned part of the reason the PM is not helping is that he is unable to and has none of your money left.

If he doesn't have any money then I am not sure you have any good options. Perhaps just wait and see if there are any developments.

mikee31

Yes this was my concern and why I had some reservations about going legal, although thought the threat may at least prompt some reaction from the PM. But how long do I wait to see if things resolve themselves and further it feels like any trust has been broken so do I really want the PM involved anymore?