Bank Transfer for False reasons

rossbott

Firstly sorry if this is in the wrong section, its a bit of an odd situation.
we have hired a builder  (we have used him once before). to install 2 external doors, he told us do a bank transfer of £750 to the Door manufacturer directly as he had ordered the doors and they just needed paying for, which we did (they are an established company so believed it was safer rather than paying the builder to pay them) we gave the builders name and doors models as the reference for the transfer. and all seemed fine.
 The builder has since stopped answering calls/texts and when my wife called the Door manufacturer to check on the order, they told her that the builder had claimed that our payment was to pay off some of his existing debts and not actually to pay for the 2 new doors.
The Door manufacturer are saying they wont refund the money as they've done nothing wrong and were owed the money. is there anything we can do apart from attempting to making a court claim against the builder? is there anyway to retrieve the money? is the manufacturer correct in saying they don't have to return the payment? am i right in thinking Bank transfers can't be reclaimed?

Any advice would be great!

Thanks
Ross

gettingtheresometime

Have you got the instruction from the builder in writing ?

rossbott

unfortunately it was all just verbal, we thought because it was payment direct to the manufacturer it was safe,  (i.e. no risk of him doing a runner with our money.) it never occurred to us they could use our payment to pay off his existing debts.

Aylesbury_Duck

You've sent money to the door company, but what have they provided you with for that money?  I think they're wrong to hold your money and the doors because you specifically gave the door models as a reference, so surely they should be either returning your money or supplying you with the doors?  It's them that's redirected the money to pay off a debt rather than supplying a product.  It's not up to them or the builder to determine for what purpose your bank transfer was for.  I'd be writing to the door manufacturer insisting they return your money or supply the doors.

At least that's how it seems to me, but someone else might have a different take on it.

rossbott

that's the way I see it too. The problem is the builder told them "his friend" would be making a bank transfer to pay off some of his debt so that's what the story they're sticking to (no company wants to hand back money they're owed I guess!).
I guess it comes down to: did we purchase 2 doors or did we just send a company some random money? without a receipt or proof of purchase do we have any consumer rights?

MH1927

You need to find out if you've purchased goods or made a payment to his account with the supplier.
I

unholyangel

Send them a letter before action stating that you included the door models as a reference and that if they don't refund the money, you'll be including them in any court proceedings you issue at which time you will also be seekings costs incurred. 

Currently they don't see it as their problem. So make it theirs. 

rossbott

The builder told the supplier we were making a payment to his account to clear his debt. He told us that we were paying for the goods.
The fault clearly lies (no pun intended) with the a**hole cowboy builder, but do we have any rights to reclaiming the money or even getting the doors?

rossbott

@unholyangel that's a good call. but would we just be calling their bluff or would we genuinely need to include them when we take legal action? I've done the small claims twice before but its always been against an individual never added an "accomplice" is that possible in a single claim?

waamo

rossbott said:

@unholyangel that's a good call. but would we just be calling their bluff or would we genuinely need to include them when we take legal action? I've done the small claims twice before but its always been against an individual never added an "accomplice" is that possible in a single claim?

Yes. You just have to click the button that says "Add a 2nd defendant" when completing the form online.

IvanOpinion

You bought something and the company used that to pay someone else's bill ???
I would be showing no mercy to the door supplier, they are 100% to blame for not providing you with what they paid for and taking instruction from a third party over your money.