Contractor not returned deposit

Skotty

we had a landscaping job quoted in April with the job planned in for last week in July. I agreed and paid 15% deposit as per their payment terms.They were delayed on the original date and arranged for another date, which came and went with no show even after saying they were on schedule. We wasted holidays expecting them to turn up, each time an excuse was given, which have included Covid and most recently the fuel shortage.

With it now being 6 months since my deposit has been paid (£1250) I told the landscaper I no longer wanted them to do the job and requested return of the deposit, he said 3 days which was over a week and each time I ask I get another flimsy excuse for lack of payment. So my question is we are considering that our only option now is to seek court action to return our deposit, we have evidence of him stating he will return the deposit and when no work has even been undertaken this in my eyes is borderline theft and any member of court worth their salt should look at the evidence and will agree in our favour. My question is are we approaching this correctly or is there any other options for us instead of continually asking him and getting silly excuses and going small claims court ?

Thanks.

tacpot12

You need to try mediation before going to court, but a solicitor's letter can also work wonders as the contractor realises that you are taking the matter seriously. 

If you have home insurnance, check to see if you have legal expenses cover.  if you do, call the legal help line for advice. They might even write a solicitors letter for you for free.