Builder won't finish job after being paid

JaneRN

My partner found a builder on MyBuilder.com.  It was for a house refurb - replastering, new kitchen, bathroom external render etc.  He agreed to pay an amount each week as the work progressed.  The work fell behind a little but my partner foolishly kept up his part of the bargain.  The builder kept letting him down and making excuses (3 vans off the road etc).  Then he gets an email from MyBuilder saying for reasons they can't discuss they have suspended this builder and wanted some feedback from my partner.  I done a search for this bloke and it transpires he was declared bankrupt last year.  What is the best course of action now?  My partner probably paid for around £8K worth of work that wasn't completed.  I don't live with him, he's in ill health and is a gentle soul so I feel like he will let this slide but I am in a rage about it.  Money was paid as a bank transfer into the wifes account.  I know he was foolish handing over money the way he did, but he's not very confrontational.    Thanks for any advice.  

Aylesbury_Duck

Oh dear. Does any sort of contract exist?  Even an email or text agreement stating what would be provided for what payment?  Paying by transfer into the builder's wife's account is likely to cause more problems.

Ultimately, small claims court is an option but it sounds as if the builder can't or won't pay even if you win. 

macman

What was the total value of the contract? £8K is not 'work falling behind a little'.

JaneRN

There was a contract, sent by email, the total amount was around £25k. He had some receipts emailed to him acknowledging the funds transferred.  I actually think his wife was acting as though she was working for this builder.  It was her that made initial contact and arranged the meeting, sending the contract / receipts etc, so my partner didn't think anything odd about sending to an account in her name.   I have acknowledged in my post that he was foolish to keep handing over the money each week, please resist the urge to stick the boot in.  The work was falling behind each week and the timeframe was over 6 weeks I think (although not certain).   He has estimated the work outstanding to be around £8K, someone else might value it as less than that.  As I also mentioned I do not live with him, in fact we live a fair distance apart. He has significant health issues and as I work in the NHS with covid pts we had to remain apart.  He would not be in this mess if I had been there.  

kazwookie

I think the money is gone, I suggest you / partner contacts trading standards.

JaneRN

My Builder have pointed him in the direction of trading standards too.  They have also suggested he target the wife with legal action as it was her that set up the account on My Builder and every official document came from her.  

macman

Were all the payments made by bank transfer? Who was the contract with? A limited company, or sole trader?
The problem is that you have made the payments to a third party, i.e. his wife.
For £8K he needs to send an LBA and then small claims process, but first he needs to establish who or what he was trading with.

davidmcn

JaneRN said:

I done a search for this bloke and it transpires he was declared bankrupt last year.

When did everything else happen?