Paid deposit for Shed, now the builder is ignoring me, help

ElliotWR

Hi all,

After researching a shed for ages last year I met and proceeded to pay a 50% deposit on November 6th (£756 via faster payment)) to a local-ish guy (a village about 15 miles away) who made all manor of outdoor stuff from sheds to dog houses etc. He didnt have a website but a facebook page with lots of examples of the work and comments etc.

Everything was great to begin with and because he was 'busy' I was advised at the time of a mid Jan install.

The guy is a Sole Trader and after chasing did provide confirmation and an itemised invoice of what the deposit had secured.

After then hearing nothing I contacted him in January after trying to call on his mobile, sending emails and via messenger for a good couple of weeks I eventually got a reply apologising saying I'd get a call on the Monday to get everything arranged. Surprise surprise the call hasn't happened and another two weeks plus has gone by with all calls, texts, emails and messenger messages being ignored and the mobile number today now saying not available.

I really don't know what my next course of action should be. I have his home address as this is on the invoice but i didn't really want to go knocking on the door as this could be seen as aggressive.

I do still want the shed but the complete lack of communication, contrary to when I was first in talks about design, spec and price etc, has given me no confidence and I'm worried I'll never see my deposit back let alone the shed.

I've drafted yet another email in a different tone, advising that if I don't hear from him by the end of the week I'll be contacting Citizens Advise but I'm not sure what rights I have or if there's any way of enforcing getting my deposit back due to failure to deliver?

Any advise would be greatly appreciated.

Thanks,

Elliot

PasturesNew

ElliotWR wrote: »

... i didn't really want to go knocking on the door as this could be seen as aggressive....

You could write out a letter asking him to get in touch.... then slide it through his letterbox... that'd at least give you a clue that he still lived there, or if it's empty ....

By popping an unstamped letter through his door, it says, unaggressively, "I know where you live .... and am prepared to come all this way out ... to your door.... please get in touch about my shed"

binao

£756 pound deposit paid Nov 6th 2018 , I sure would be knocking on his door.

I have been non aggressive with a recent problem, now it's broad sides, with great MSE forum help.

It seems today, if you're non aggressive, you get ignored.

Hope you get your shed.

pinkshoes

I would drop a letter round saying that could he get in touch to arrange a start date, but if he is too busy then could he refund the deposit immediately so you can get someone else to do it.

ElliotWR

As an update I finally heard back with a raft of excuses ranging from pneumonia to it being too windy and now the guys Van breaking down meaning he's missed the past two confirmed install dates causing a ton of hassle my side as I had the previous shed dismantled and removed leaving the contents covered in tarpaulin at the mercy of the elements.

After things returning back to me being ignored I've opted for the deliberate pestering route but I'm about to advise I'm contacting citizens advice and will intend on taking things to county court if he continues to ignore and fail to deliver.

I believe I've a clear cut case to either get my shed or money back but has anyone any experience of this kind of dispute being taken to county court and the outcome?

Gavin83

Have you asked him for your money back?

ElliotWR

Yes, since he was a no show last Saturday I've said if he doesn't want the job then he can give the deposit back but I've heard nothing. Went to see citizens advice at lunch and whilst nice they had nothing to offer other than me sending a letter recorded delivery.

TheTalkingDead

Wish Citizens advice would stop advising this "recorded delivery" nonsense, it increases a customers costs layout, you can get proof of postage FREE and it will go through normal post and get delivered, Its deemed delivered in the eyes of the legislation and for the purposes of court proceedings and would be down to third party to prove it wasn't, but for the sake of a single letter its neither here nor there so long as he gets the summons.


I see as this, a bespoke shed ordered, and he's a busy guy probably struggling to meet his orders and now has a "domino" effect on his customers and his deposits he's taken in so his deposits are paying his wage and previous persons materials, and until he is paid in full cant start the next project.







With bespoke you really are at the mercy or what is called a "reasonable amount of time" but this is in my mind settled as that and is in now taking the Pi55 territory.


Like has been said, if you no longer want this shed, or this new arrangement is broken, you really need to write a letter, and let him know now in no uncertain terms will you accept another arrangement and will allow him 14 days to contact you with arrangements to make payment a refund for your deposit in full, as he has broken contract. If he missed this deadline, you issue a 7 day notice of intended letter before court action to him, wait out the 7 days, if he missed that dead line, then MCOL or apply in the local county court, If you win by default or win with his attendance, you then escalate it to the high court pay what is it now £75.00 to obtain a high court writ so he cant wriggle around and mess around with paying the order.

DoaM

Just to clarify .. OP doesn't need to wait 14 days then 7 days. In the LBA give 14 days (or 17 days from date of the letter, to account for posting time) to either complete the works or provide a full refund of the deposit else a County Court claim will be raised for the deposit amount plus claim costs. Send the LBA 1st class post and get a certificate of posting from the PO. If no joy after 14 days go straight to raising an MCOL claim.

Note: the claim value exceeds the threshold for High Court Enforcement (The Sheriffs Are Coming) so you'd have a very good chance of getting it back if it went to a claim and you won. Costs for elevating to HCE and the HCEO costs would be added to the amount recovered - it wouldn't affect the amount awarded in any judgment.

TheTalkingDead

DoaM wrote: »

Just to clarify .. OP doesn't need to wait 14 days then 7 days. In the LBA give 14 days (or 17 days from date of the letter, to account for posting time) to either complete the works or provide a full refund of the deposit else a County Court claim will be raised for the deposit amount plus claim costs. Send the LBA 1st class post and get a certificate of posting from the PO. If no joy after 14 days go straight to raising an MCOL claim.

Note: the claim value exceeds the threshold for High Court Enforcement (The Sheriffs Are Coming) so you'd have a very good chance of getting it back if it went to a claim and you won. Costs for elevating to HCE and the HCEO costs would be added to the amount recovered - it wouldn't affect the amount awarded in any judgment.

I like to give the extra because it looks good to a district judge that your being "reasonable" (a reminder if you like) you've been acting in good faith and offering time for a out of court resolution.