We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

How to recover deposit from a tradesman (fraud)

Hi,
I have ordered online a bespoke home product, depositing 50% of its cost but I have never received it.
It was supposed to be fabricated and delivered in few weeks but now, months have passed and after chasing on regular basis I only receive random excuses to justify the delay.
I am now convinced I am a victim of a fraud and there was never intention to deliver anything.
How should I proceed to claim the deposit back (that was paid with a bank transfer)?
Thanks

Comments

  • ReX said:
    Hi,
    I have ordered online a bespoke home product, depositing 50% of its cost but I have never received it.
    It was supposed to be fabricated and delivered in few weeks but now, months have passed and after chasing on regular basis I only receive random excuses to justify the delay.
    I am now convinced I am a victim of a fraud and there was never intention to deliver anything.
    How should I proceed to claim the deposit back (that was paid with a bank transfer)?
    Thanks

    Letter before action and small claims court.  I assume you have the name and address of the company or individual you paid?
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    How did you pay? If by card other options may be available 
  • ReX
    ReX Posts: 34 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    Letter before action and small claims court.  I assume you have the name and address of the company or individual you paid?
    Yes, I have the address (it is on the invoice). I paid an individual but the same is also a director of his company (registered at the same address according to companieshouse.gov.uk).
    What is the formula to follow for the "letter before action" you mention?
    Sandtree said:
    How did you pay? If by card other options may be available 
    Unfortunately it was a Bank transfer. 
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 7 September 2020 at 10:27PM
    The claim must be made against the individual or company that contracted to supply the goods. So, Fred Bloggs (sole trader) or Fred Bloggs Ltd (company).
    Were you invoiced by the company. but transferred payment to a personal account?
    An LBA simply states what was contracted, what part of the contract was not fulfilled, what is required to resolve the matter, what  action you will take if not, and the timescale you will grant for repayment.
    No free lunch, and no free laptop ;)
  • ReX
    ReX Posts: 34 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    macman said:
    The claim must be made against the individual or company that contracted to supply the goods. So, Fred Bloggs (sole trader) or Fred Bloggs Ltd (company).
    Were you invoiced by the company. but transferred payment to a personal account?
    An LBA simply states what was contracted, what part of the contract was not fulfilled, what is required to resolve the matter, what  action you will take if not, and the timescale you will grant for repayment.
    I was invoiced by the individual and transferred payment to the same. Is there a standard template for the LBA?
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    No, there's no LBA template (unless you Google for one). All it needs to do is:

    * State what the issue is
    * State what resolution you require
    * State when this resolution must be provided by (date ... give at least 14 days from receipt of the letter, so 16 days from posting)
    * State that failure to provide an agreed resolution in a timely manner will lead to County Court action without further recourse to them

    Send the letter first class via a Post Office and obtain a free certificate of posting.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245.1K Work, Benefits & Business
  • 600.7K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 258.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.