Please Help with Cowboy Builder

Hi all, myself and OH instructed a builder to begin work on our new driveway and garage/storage room. We obtained various quotes, but were swayed by our builder having seen a job he had previously completed down the road. The price quoted to us was also very competitive and he really convinced us this was an easy job for him.

I noted he was not a member of any review sites i.e. trust a trader etc, so I asked him why...to which he responded he never had a need for it as he was always in demand. I see he has completed other projects too in my area including rendering for a new build property.

My job was clearly too small for him.

We agreed a payment plan - 30% upfront, 50% at halfway, and remainder on completion. It seemed fair at the time. Before paying I visited the neighbour down the road and asked how he found the work. The neighbour seemed happy with the work so I decided to pay up the deposit.

Since paying at the start of June, having been quoted a 10 day turnaround on all the work, we are still waiting for this to be finished. In addition, throughout, the builder has pleaded with me to transfer money outside of the payment agreement asking me to be flexible, even as far as stating if we wanted the work finished I would have to pay him. We paid him, with only £1000 outstanding to pay now.

However The builder has failed to finish the work, and to my calculation I have overpaid him approx £1500 in comparison to the work thats been completed, we have all our garage items inconveniently stored around the the house..and no sign of the builder

Having called him on various occasion and broken promises, which I have kept a diary of his daily excuses, I am unable to get him to come and finish the work.

What are my rights? I have read I can go to the small claims court to reclaim any losses. Others have suggested getting another builder to finish the work(if I can find one to take it on) and then claim with a clearer idea of the compensation amount... Can anyone shed some light if this is even worth the effort? What are my rights?

I guess failing it all I will just need to find another builder and fork out more money to complete and put this down to a bad experience..

I will add he has left some tools in the garage, cement mixer, a drill, not much..but sadly no sign of any builders today either..Todays excuse.."I am on a course, the guys will be there" but its a no show again!

Comments

  • baldelectrician
    baldelectrician Posts: 2,467 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 12 July 2019 at 8:27AM
    Did he give you a 14 day cooling off period in his paperwork?
    Did you agree to him starting (even if he started after 14 days he must have given you the cancellation rights)

    If not you can get ALL your money back as he is non compliant with the law and any invoice is inenforcable

    more info here
    https://www.electriciansforums.net/threads/cancellation-rights-trap.131680/
    baldly going on...
  • Risteard
    Risteard Posts: 1,995 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Did he give you a 14 day cooling off period in his paperwork?
    Did you agree to him starting (even if he started after 14 days he must have given you the cancellation rights)

    If not you can get ALL your money back as he is non compliant with the law and any invoice is inenforcable

    more info here
    https://www.electriciansforums.net/threads/cancellation-rights-trap.131680/

    Simply not true. You're still liable for the work done.
    {Signature removed by Forum Team - if you are not sure why we have removed your signature please contact the Forum Team}
  • hometime
    hometime Posts: 31 Forumite
    I did not receive any cooling off period, terms and conditions, nothing really apart from an email with the work to be completed and their payment plan.

    Any work that has been completed is to a sub standard so will need to be revisited.
  • always_sunny
    always_sunny Posts: 8,314 Forumite
    Did he give you a 14 day cooling off period in his paperwork?

    I think most tradesman don't really issue any paperwork... they should though and for large jobs I tend to prepare one myself!
    EU expat working in London
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