Paid a builder 20% deposit to do work, not turned up to do work

user1977

pbartlett said:

m0bov said:

pbartlett said:

Is this also a criminal matter ?

lol! Of cause not.

not sure why you say lol.of course not.

if the builder knew at the time of taking the money that tjey had no intention of doing the work then it is a criminal matter - the builder has committed graud

How do you propose to ascertain the state of mind of the builder at the relevant time, from the facts provided?

[Deleted User]

Technically though, you can’t claim the service is not as described because you haven’t received a service in the first place and you can’t claim it has developed a fault because again you haven’t received it. 

As to whether the bank will proceed on the basis that because you haven’t received the service so therefore you haven’t received what was described would be open to their interpretation. 

Could Action Fraud or the police help? So you can get a crime number? 

It would be worth going through the court. 

pbartlett

user1977 said:

pbartlett said:

m0bov said:

pbartlett said:

Is this also a criminal matter ?

lol! Of cause not.

not sure why you say lol.of course not.

if the builder knew at the time of taking the money that tjey had no intention of doing the work then it is a criminal matter - the builder has committed graud

How do you propose to ascertain the state of mind of the builder at the relevant time, from the facts provided?

I don't - that is what we pay the police for. How do you know this builder hasn't done this before to others?

user1977

pbartlett said:

user1977 said:

pbartlett said:

m0bov said:

pbartlett said:

Is this also a criminal matter ?

lol! Of cause not.

not sure why you say lol.of course not.

if the builder knew at the time of taking the money that tjey had no intention of doing the work then it is a criminal matter - the builder has committed graud

How do you propose to ascertain the state of mind of the builder at the relevant time, from the facts provided?

I don't - that is what we pay the police for. How do you know this builder hasn't done this before to others?

What's the relevance though? You can tell the police if you like, but they're hardly likely to see this as anything other than a civil dispute. And even if they did take an interest, it would be months/years for any prosecution to happen, it's not going to help the OP get their money back.

MalMonroe

m0bov said:

pbartlett said:

Is this also a criminal matter ?

lol! Of cause not.

Yes it is, it's theft. Someone has taken £500 from the OP and given nothing back. That's a crime.

[and it's 'course' not cause.]

MalMonroe

user1977 said:

pbartlett said:

user1977 said:

pbartlett said:

m0bov said:

pbartlett said:

Is this also a criminal matter ?

lol! Of cause not.

not sure why you say lol.of course not.

if the builder knew at the time of taking the money that tjey had no intention of doing the work then it is a criminal matter - the builder has committed graud

How do you propose to ascertain the state of mind of the builder at the relevant time, from the facts provided?

I don't - that is what we pay the police for. How do you know this builder hasn't done this before to others?

What's the relevance though? You can tell the police if you like, but they're hardly likely to see this as anything other than a civil dispute. And even if they did take an interest, it would be months/years for any prosecution to happen, it's not going to help the OP get their money back.

It isn't a civil dispute when someone is paid £500 for a service and does not provide that service. It's fraud at best and theft at worst.

MalMonroe

hansen666 said:

user1977 said:

hansen666 said:

MattMattMattUK said:

hansen666 said:

Hi I paid a builder via bank transfer 2 lots of £500, the first for materials (which I have had delivered) and the second £500 as a 20% deposit to begin the work.

He has not showed up to do the work and is ignoring all my texts and calls, it has been more than 3 weeks.

I have already contacted my bank and explained the situation and the fraud department are investigating this to see if they can get me the £500 back.

Am I likely to get my money back from my bank in this situation or is it gone for good?

Almost certainly you will not get your money back from the bank, you will need to recover the funds using the courts. Do you know who you actually sent the money to, eg. their full name and address, a limited company and their registered address?

It even states on the halifax website that they can help if you do not get the service that you paid for

Can you point us to where it says that? You may be getting confused with something like Section 75 claims where you've used a credit card, or where there is actual fraud - there's no general right just because a payment has gone through the bank.

user1977 said:

hansen666 said:

MattMattMattUK said:

hansen666 said:

Hi I paid a builder via bank transfer 2 lots of £500, the first for materials (which I have had delivered) and the second £500 as a 20% deposit to begin the work.

He has not showed up to do the work and is ignoring all my texts and calls, it has been more than 3 weeks.

I have already contacted my bank and explained the situation and the fraud department are investigating this to see if they can get me the £500 back.

Am I likely to get my money back from my bank in this situation or is it gone for good?

Almost certainly you will not get your money back from the bank, you will need to recover the funds using the courts. Do you know who you actually sent the money to, eg. their full name and address, a limited company and their registered address?

It even states on the halifax website that they can help if you do not get the service that you paid for

Can you point us to where it says that? You may be getting confused with something like Section 75 claims where you've used a credit card, or where there is actual fraud - there's no general right just because a payment has gone through the bank.

In the disputes section in states the following:

When we may be able to help:

• When you’ve been in touch with the business or retailer.
• When you haven’t received an item you’ve paid for.
• When you received an item or service that isn’t as described or has developed a fault.
• When you’ve been charged incorrectly or twice for the same product or service.
• When you’ve been charged for a subscription fee you weren’t expecting, or after a free trial period has ended and you cancelled in advance.

Obviously it's number 3 that applys to me since I paid someone for a service (to build a concrete block building) that I have not received.

Hi, I'm sorry that everyone is being so negative here.

I think your bank may very well help you get your money back because this builder has taken it under false pretences and has, in fact, stolen £500 from you. Please don't let him get away with it.  That's a lot of money to me and if he's doing the same thing to other people who are not taking any action at all, then he is making a fortune by taking money for something he's not doing. Whatever his intention may or may not be. 

I also think that the number that actually applies to you is 2 and not 3 - but instead of not receiving an item you've paid for, you haven't received a service you have paid for. Number 3 says you received an item or service but you didn't. You received the materials but not the service.

Give the bank some time to get things sorted out for you and keep checking with them so they know you're not going to let the matter drop.

You gave the builder that money in good faith and the bank can probably get it back for you. Let them try. 

MalMonroe

user1977 said:

pbartlett said:

m0bov said:

pbartlett said:

Is this also a criminal matter ?

lol! Of cause not.

not sure why you say lol.of course not.

if the builder knew at the time of taking the money that tjey had no intention of doing the work then it is a criminal matter - the builder has committed graud

How do you propose to ascertain the state of mind of the builder at the relevant time, from the facts provided?

That's irrelevant. What is relevant is the fact that the builder stole £500. No matter what anyone's state of mind.

user1977

MalMonroe said:

user1977 said:

pbartlett said:

m0bov said:

pbartlett said:

Is this also a criminal matter ?

lol! Of cause not.

not sure why you say lol.of course not.

if the builder knew at the time of taking the money that tjey had no intention of doing the work then it is a criminal matter - the builder has committed graud

How do you propose to ascertain the state of mind of the builder at the relevant time, from the facts provided?

That's irrelevant. What is relevant is the fact that the builder stole £500. No matter what anyone's state of mind.

Mal,

I've no idea where you get your peculiar ideas about the law, but you're usually wrong. No crime is apparent from what we've been told, just a builder who hasn't (yet) done the work they've been contracted to do. It will be a complete waste of everybody's time for the OP to go to the police with this.

DB1904

pbartlett said:

user1977 said:

pbartlett said:

m0bov said:

pbartlett said:

Is this also a criminal matter ?

lol! Of cause not.

not sure why you say lol.of course not.

if the builder knew at the time of taking the money that tjey had no intention of doing the work then it is a criminal matter - the builder has committed graud

How do you propose to ascertain the state of mind of the builder at the relevant time, from the facts provided?

I don't - that is what we pay the police for. How do you know this builder hasn't done this before to others?

It not though is it? Fraud of £500 will be an ActionFraud matter never to be seen by the police.