Right to protest.

Gellately

I had a builder who spent over £20,000 of our money. He came came around once confronted and admitted it which I taped on advise. He said he would pay it back but to date 8 weeks on has done nothing and has avoided any communication we have made. Do I have the right to protest outside his hope with a plaque highlighting I'm owed this money given that I have him on tape admitting it. Is this also a police matter given that he's fraudulently spent my money?

[Deleted User]

Is it actually fraud, or is it a debt he owes you?

Don't put a plaque up outside his house or even take a placard. Go through the normal legal channels.

tacpot12

Do you have an proof that the builder knew they were acting dishonestly? If not, it will be difficult to prove fraud, and hence the police will not want to get involved. 

If you have home insurance, check to see if you have legal expenses cover, and if you do, call the legal helpline for advice. They will be able to tell you whether you can protest outside his house, but to be honest, this isn't going to help you. What will help will be to follow him, and talk to any customers he is talking to. If they are thinking of uing him, or thinking of giving him money, you can put them off.  Providing you only tell them the truth about your situation, you have a defence against defamation. You also need to be certain where he is living and what assets he might have within his busineess. I would put my entergy and time into researching him, and making your case at the County Court. Next time, use an ESCROW service or don't pay up front. 

For some information on ESCROW, you can look at this link: Tradespeople can increase their revenue by using Escrow (trustmark.org.uk)

Undervalued

Gellately said:

I had a builder who spent over £20,000 of our money. He came came around once confronted and admitted it which I taped on advise. He said he would pay it back but to date 8 weeks on has done nothing and has avoided any communication we have made. Do I have the right to protest outside his hope with a plaque highlighting I'm owed this money given that I have him on tape admitting it. Is this also a police matter given that he's fraudulently spent my money?

You probably have a "right" assuming you stay within the law but whether it is wise is another matter!

Equally even if this is a criminal (police) matter, whether that will help you recover your money any easier is debatable. If he were to be prosecuted successfully any fine or other penalty would take priority over compensating you. You might be able to use the threat of prosecution as a lever but, given the amount of money you say you are owed, I would suggest you see a solicitor. 

user1977

I suspect any "protest" outside somebody's home is likely to be treated as harassment.

And no, I can't see that it constitutes fraud.

ItsComingRome

user1977 said:

I suspect any "protest" outside somebody's home is likely to be treated as harassment.

And no, I can't see that it constitutes fraud.

And ineffective, as most likely anyone walking past will think they're a bit of a fruitcake, not "Clearly I should avoid using this builder."

Manxman_in_exile

Gellately said:

I had a builder who spent over £20,000 of our money. He came came around once confronted and admitted it which I taped on advise. He said he would pay it back but to date 8 weeks on has done nothing and has avoided any communication we have made. Do I have the right to protest outside his hope with a plaque highlighting I'm owed this money given that I have him on tape admitting it. Is this also a police matter given that he's fraudulently spent my money?

What actually is your complaint?  There isn't necessarily anything wrong with a builder spending your money.  Over the years builders have spent many thousands £££s of my money - but they've spent it on what I wanted.

I presume you are complaining that you paid a builder £20k in advance and he's done nothing at all.  Or that he's only done half a job.  Or that he's done the job but it's all substandard work.  What is it that he's done - or perhaps not done?

As others have said, there may not be anything stopping you from protesting outside his home, but it would be an extremely stupid thing to do and likely to be very counter-productive.  What you need to do is take legal action against him and sue him in the courts.  But if you don't explain why you want the money back and how much of it, nobody here can help you move forward.

(It makes a big difference if you want to sue him for £20k as opposed to just £5k for example.  And personally, if I were suing someone for £20k, I'd be getting a solicitor to do it to make sure it was done properly.  You may say you can't afford a solicitor, but I don't suppose you can afford to lose £20k either)