Deposit paid and Builders tools held.

Tonytenerife

I had a building company working on my house who were going to completely renovate my house, They started ok but slowly,  I gave £3000 to as a deposit on new windows for the house. That was now 4 months ago. The builders are now no longer working on the property due to the fact they never turned up when they should have and work that was supposedly completed and paid for was not actually finished. (I work away from home and was not able to check) I have asked for the details of the company who were paid for the windows many times but they will not divulge any information. I have now threatened them with court. The 1 half of the company still has several tools at the property that I have told him he will have them back when he either gives me back my money or the details of the companies making my windows. He is refusing to refund me the money and now stating that he also left materials at the property. The property is in an un-livable condition due to the extent of the works and was also unsecured with no windows or doors to the rear of the property (Which I had asked for several times). I now have a new builder who has secured the property but no materials were at the house. One of the guys who worked with the original builder went to the property last week and broke in and took his tools only leaving his ex-partners tools there. He is also telling me that an extension he started to build will not be passed by the building inspectors because he has pictures of the build they will need to see and I must now buy these, He is also telling me I have to pay him as a consultant for the time the inspector first came to the property. Where do I stand with this, any advice is welcome.

the_lunatic_is_in_my_head

Bit of a mess, do you have an address for the builder?

Did you get all the information listed at the below link via durable means (email, on paper, etc)?

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made

TripleH

Well has he admitted or put any of what he said in writing? (Email, text)

If so walk to the nearest police station and give said evidence over and log a complaint of blackmail (pay me or I'll do xyz) and breaking entering (getting access to tools). There is a chance they will argue that you blackmailed them over holding their tools.

Jenni_D

OP could argue they held the tools as a lien against the debt owed to them? (Businesses often do this if goods are sent to them for repair - they won't return the goods until the repair is paid for. The OP's situation doesn't seem much different really).

ItsComingRome

Jenni_D said:

OP could argue they held the tools as a lien against the debt owed to them? (Businesses often do this if goods are sent to them for repair - they won't return the goods until the repair is paid for. The OP's situation doesn't seem much different really).

The problem would be that whoever the OP paid likely subcontracted some of the the work out to other people, and the OP has no right to hold onto their tools, only those of the person they paid.

Tonytenerife

I have sent 2 recorded delivery letters, one to his home address and 1 to the business address which is just a post pox in London.  They state the amount I am requesting and giving him 7 days to make the payment or I will start proceedings through the courts. He has now within the last 5 minutes sent me 2 invoices for the hire of his tools he used to complete work that has already been carried out and paid for. 

the_lunatic_is_in_my_head

Tonytenerife said:

I have sent 2 recorded delivery letters, one to his home address and 1 to the business address which is just a post pox in London.  They state the amount I am requesting and giving him 7 days to make the payment or I will start proceedings through the courts. He has now within the last 5 minutes sent me 2 invoices for the hire of his tools he used to complete work that has already been carried out and paid for. 

Did you get all the information listed at the below link via durable means (email, on paper, etc)?

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made

Undervalued

TripleH said:

Well has he admitted or put any of what he said in writing? (Email, text)

If so walk to the nearest police station and give said evidence over and log a complaint of blackmail (pay me or I'll do xyz) and breaking entering (getting access to tools). There is a chance they will argue that you blackmailed them over holding their tools.

More than "a chance" I would have said!

Two wrongs never make a right and it is unlikely the OP has any legal right to hold on to the builder's tools and materials.

In any dispute like this you need to stay 100% within the law and pursue your claims through the proper channels. 

Tonytenerife

I have an update on this, after doing some digging and checking the invoice he issued to me for the payments was from a company that does not any longer exists (The name of the company was changed in 2020) and a with a VAT number that also does not exist. I have also told him to collect his tools on Wednesday after 9am, and if not collected I will not be responsible for their security. any one have any views on the invoice and VAT issue would I have to take him personally to court our the company that does not exist.

user1977

If the company merely changed its name, it's the same company. Vat number is irrelevant unless you're also vat-registered. 

Aylesbury_Duck

Tonytenerife said:

I have an update on this, after doing some digging and checking the invoice he issued to me for the payments was from a company that does not any longer exists (The name of the company was changed in 2020) and a with a VAT number that also does not exist. I have also told him to collect his tools on Wednesday after 9am, and if not collected I will not be responsible for their security. any one have any views on the invoice and VAT issue would I have to take him personally to court our the company that does not exist.

You remain responsible for them whilst they're in your possession, just stating you won't be doesn't absolve you of that responsibility.