Refund from gardener

addis123

Hi

Not sure if this should be in the DIY forum but it's about getting a refund so I thought it might be better here.
Last October we got a landscaper to do our front and back garden and some fencing. We paid him a small deposit and also £2000 for him to get some materials. He said we were booked in for October but he put the job off because of the weather initially and then personal reasons. My wife had to go away at the beginning of the year so we agreed he'd start in March. Didn't start the job due to other jobs coming up when my wife was away so he had to finish them so we gave him the benefit of the doubt. Then other excuses came as to why he couldn't start the job. So as we got into May we asked for our money back as he'd had it for 7 months and nothing had been done. He agreed to this as he said only half the money had been spent and he would get this back from the suppliers. Now he's dragging his heels over the refund (I've a feeling he may have spent our cash finishing other jobs)
Now the problem is we didn't get a receipt off him for the £2000 (only for the deposit) I know this was a mistake and I know we shouldn't have given him cash upfront but that's what's happened and that's that. What we do have though is all our correspondence through Facebook messenger including him agreeing him to give us the refund, so all the details are there.
Apologies for the length of the post but wanted to include as much info as I could. So basically am wondering where we would stand legally with no written contract or receipt in trying to get our money back if he refuses to pay.

Thanks for reading this far if you have and thanks in advance for any advice.

Browntoa

£2000 in cash /bank transfer/cheque ??

addis123

Sorry. Everything was cash. Daft I know. He was a friend of a friend so we thought he'd be sound but you live and learn. I kind of think he'll give us our cash back but I just have a nagging feeling at the back off my mind that the money has gone.

m0bov

You handed over £2k in cash with no receipt?!!

Sicard

As soon as the 'personal reasons' excuse arises alarm bells should be ringing.

m0bov

Best thing OP can do, is send a LBA. Did you get a break down of costs? Contract? Timeline for payments? Any decent contractor would have an account, this is classic scamming tactics. Have you spoken with local trading standards?

addis123

Yeah, getting onto the local trading standards after work.
@m0bov. What's a LBA? Thanks.

RoonilWazlib_2

Citizens Advice Consumer Service take calls on behalf of Trading Standards. 03454040506.


Was the contract agreed at your house, or at traders business premises (or elsewhere?).
Did you get anything in writing at all?

Ardi

Should have everything on writing.
You ll most probably never see your money again.
Am a builder myself and I ask for deposit after first day at work and also bought some materials to start with with my own money.only once I didn't email price due to thinking we d have no problems whatsoever it turned out to be a nightmare

addis123

Thanks for the advice. Wife has just had a message from him and he's apparently at the suppliers now getting the refund so fingers crossed.

Le_Kirk

addis123 wrote: »

Yeah, getting onto the local trading standards after work.
@m0bov. What's a LBA? Thanks.

LBA is a Letter Before Action and is required/advised before commencing court action.