HELP! Work not completed, can I ask for refund?

TRACEYW

I am looking for advice on my position with a landscape gardener who I booked to do work in my back garden. We agreed a price for work and agreed the start date of 5th August and job would take 2 weeks to complete. He said he normally takes a percentage up front for materials to get job started, I expected this so asked him for a receipt which he gave me with his company's stamp on it, and handed him £2000! this was on 30th July.
He didn't turn up on the start date (No call or txt), i txt him to ask when he was coming and was told he was held up on a job and would start in 8 days. Again no show, i contacted him with my concerns, he said his Gran was seriously ill in hospital (this may be true or not). Trying not to be insensitive I said you obviously have alot on your plate, if I can have the materials/receipts and remainder of my money back.He assured me he would be back 2 days later to 'crack on' . NO SHOW! Each time it has been me contacting him, 3 times I have contacted him and been very nice and reasonable in asking for him to take off the money for materials and 'labour' and return rest as I am living around a building site. He comes back with excuse after excuse or turns up for an hour then nothing for days
I am pretty sure he has spent my money and he is more than likely doing other jobs. This is now 3 months and I have a garden that looks like a dump and a long way from being completed.
Could anyone advise me on what to do next? Do I just have to grin and bear it? Should I write a letter saying I will be seeking legal advice to have my money returned? I have all correspondance stored in case it is needed as proof. Sorry for the long post I just wanted to give as much info as possible. I contacted him through recommendations on his FB page. I Checked his reviews and photos of his work before I contacted him, and he was local to me.
Thanks in advance

Ectophile

The next thing to do is a Letter Before Action (there are examples on the web). Give a reasonable period (usually 14 days) to return your money.


After that, you can start a small claims with no further warning.

tonyh66

Obviously he's TTP. Letter before action to get your money back.

Fire_Fox

TRACEYW wrote: »

I am looking for advice on my position with a landscape gardener who I booked to do work in my back garden. We agreed a price for work and agreed the start date of 5th August and job would take 2 weeks to complete. He said he normally takes a percentage up front for materials to get job started, I expected this so asked him for a receipt which he gave me with his company's stamp on it, and handed him £2000! this was on 30th July.
He didn't turn up on the start date (No call or txt), i txt him to ask when he was coming and was told he was held up on a job and would start in 8 days. Again no show, i contacted him with my concerns, he said his Gran was seriously ill in hospital (this may be true or not). Trying not to be insensitive I said you obviously have alot on your plate, if I can have the materials/receipts and remainder of my money back.He assured me he would be back 2 days later to 'crack on' . NO SHOW! Each time it has been me contacting him, 3 times I have contacted him and been very nice and reasonable in asking for him to take off the money for materials and 'labour' and return rest as I am living around a building site. He comes back with excuse after excuse or turns up for an hour then nothing for days
I am pretty sure he has spent my money and he is more than likely doing other jobs. This is now 3 months and I have a garden that looks like a dump and a long way from being completed.
Could anyone advise me on what to do next? Do I just have to grin and bear it? Should I write a letter saying I will be seeking legal advice to have my money returned? I have all correspondance stored in case it is needed as proof. Sorry for the long post I just wanted to give as much info as possible. I contacted him through recommendations on his FB page. I Checked his reviews and photos of his work before I contacted him, and he was local to me.
Thanks in advance

Does "agreed" mean a detailed/ itemised quotation or an informal estimate? Hopefully given £2K was only a percentage of the total you have more than texts and social media chat?

In your letter before action and legal claim you should be clear about when you communicated with this tradesman and by what method; crystal clear about what work has been completed and what has not. Emboldened phrases are a bit vague: bullet points can help in your letter and claim paperwork.

HTH.

Doozergirl

Looking at reviews and photos on someone's own facebook page is not doing due diligence. That could be anyone's work. You've been utterly had.

Decent trades, as a rule, will not charge you up front for materials. Not because we shouldn't, but because it easily separates the good guys from the worst guys. The ones like this guy who will steal your money.

There's no two ways about it, he's had your money and spent it. He now needs someone equally gullible to pay for your job - if he has any intention of doing it.

Has he actually done a thing yet? If he hasn't, I'd be saying it's a police matter as much as a small claims one as it's just blatant fraud.

Please be more careful in future. You want genuine recommendations from friends or, at the very least, to speak to previous customers and where possible, see the work first hand.

GDB2222

The correct course is to get another firm in to finish the job. You may as well do that anyway. Then if he quoted you say £10k and the other firm charge £15k, you’d sue him for the £5k difference plus the £2k he’s already had.

But suing him is a waste of time. You’ll win the case, but won’t collect anything. He’s just going to melt away and con someone else in a different place.

tonyh66

dunno if you can write a damning review on his facebook page, or can he just delete it?