Builder won't return spare Key (I think he's lost it)

disgruntled1138

Hi folks, I read a very similar story to what I'm now going through trying to get a builder to return a spare key from a garage that he built for me and looking for some advice. I could write a book on what an absolute nightmare he was during the build but it's finally built and just about usable so I'll not get into that here.

When the roller door was installed on 31st October, it was by a different company that the builder organised. After installation, he took the keys and off he went. They supplied two keys and it was only a week later I received one of them. He kept one as there was still ongoing work. I didn't give permission for him to take any keys off property though.

Anyway, I asked for the spare key back a number of times and he essentially ignored the requests numerous times and said he'd return it after I paid the final bill, which was for the electrical work.

He then sent a message asking for the number of the key I had, as he had lost the key and would have to get a couple more copies made. I refused to give him the number and stated that I wanted the lock changed and two new keys to be supplied.

I have an old, pretty much irreplaceable Ford Cortina as well as numerous tools and car parts in the garage so the fact that a key is out there, god knows where, is unacceptable to me.

Then same day, he tells me his wife found the key and he'd drop it to me that Friday if i paid the final bill. Likely story...

I paid the bill, possibly not wise if me but then the last message I received was him saying he'd drop it back and look at a few leaks in the roof which I had complained about.

That was 10th December. I've requested the key again a few times since then, most recently yesterday and as yet, no reply. I haven't called him because I want everything written so I have a record of everything.

I think it's fairly obvious he's lost it and never found it again. only telling me his wife found it in order to get me to pay the final bill.

I've written a letter, detailing all the dates I'd asked for key and asking for the key back within 14 days or I will get the lock changed and send him the bill, also saying if he doesn't pay I'll be forced to take legal action.

I am wondering should I give him the option of organizing a new lock and keys from the same company and paying them directly? Or should I not bother with that?

Is there anything else I should include in the letter? I plan to send it recorded to his address and also send him a scan of the letter just to be 100% sure he's seen it. I can see he is receiving and reading my whatsapp messages, he's just ignoring them.

Any tips much appreciated!

stator

You need to research "Pre-action protocol" ie what you do before you take someone to court.


Yes you should offer him the chance to rectify the issue himself. Put it in writing to his official address, don't always send things special delivery, you just need proof of postage.


If he fails to respond I would go ahead and get them changed and then offer him the chance to pay the bill.


If he refuses then you can take him to small claims court. You don't need a solicitor, just make sure you follow the correct procedure.





You might not win.

sol2017

What type of lock is it and how much to replace? Might be easier to replace and save yourself trouble.

disgruntled1138

Not 100% on type of lock but keys can only be copied by manufacturer apparently.

It's £105 to replace it. £40 for lock and keys and £65 call out charge.

I'm just loathe to let him away with it as the whole project has been an absolute nightmare, I've lost sleep over it and his work has been shoddy to say the least despite him having really good reviews online.

sol2017

I know exactly how that feels, also had plenty of issues with tradesmen. Sometimes it's easier to let go and not lose sleep over it.

Can you change the lock yourself or get help from a friend or relative? That would reduce your costs to £40 which isn't too bad.

disgruntled1138

Yeah the company who supplied the door said it would be easy enough to change myself, I'm used to tinkering on cars and the like. I could probably live with doing that.

Norman_Castle

disgruntled1138 wrote: »

It's £105 to replace it. £40 for lock and keys and £65 call out charge.

If you're happy to change the lock yourself you should have withheld £40 to pay for a replacement lock. If he turned up with the key he could have the money.

disgruntled1138

I didn't know all this at the time, I only spoke to the door company yesterday. it was when he said he'd found the key that I then paid.

Aspiration

I can appreciate how frustrating this must be.

Having been in a legal dispute with someone, I would replace the lock and move on from the whole thing.

Sorry it's happened but I'm pleased for you the works finished and they're no longer working there.

EachPenny

Sounds like a typical case where the relationship between the builder and client has broken down. He probably felt you weren't going to pay him, so he keeps a key so he can go back to 'recover' some of his property.

Just buy the new lock and replace it yourself and forget about the whole thing. You could go to court to try and recover the cost, but the time and hassle involved (even in a small claim) is unlikely to be worth it for £40.

sol2017's advice is good... sometimes it's easier to let go with this kind of thing.

Silvertabby

Just change the lock for your own peace of mind. If this builder had a number of jobs on the go at the same time, then it is likely that the key he 'lost' had an identifying tag on it. Such as your address.