Recovering money from an architect

darrend2812

Hi all,

I am needing some help/advice on what process I need to follow to recover money paid for a service I have not yet received.

Aug2021 we appointed a local architect to draw up some drawings for an extension on our property. The guy was recommended through a builder and qualified to undertake the work for the architectural services - his quotation was £700 for the initial planning permission drawings which we agreed to pay upfront to undergo the work.

October21 and several calls and messages later he has yet to deliver or respond to our calls. He has on 3 consecutive times said he would 'drop' them over to us to but has never done so. We have truly lost all confidence in his ability to work and therefore do not want the drawings anymore but instead want our full money back. 

I have contacted citizens advise who advised me to send him a letter before action however my question is;

1) Do we need a solicitor ?
2) If he finally does provide us with the drawings, can i decline it and ask for my money back?
3) What happens if I don't hear back from him after my letter before action? 


Has anyone had any similar experiences where they have paid for a service prior to work completion and resulted in asking for the money back?
Any help is appreciated, 
Thanks, 


 

TELLIT01

No you don't need a solicitor.  If you search 'letter before action template' you will find something close to what you need which you then simply modify to meet your exact requirements.    You will give a timescale for the architect to return your money after which .....  I'm not sure whether or not you will have to accept the drawings if they are provided by this date.

If you don't hear back you start action in the Small Claims Court.

darrend2812

Thanks on the above. 

Would this fall under the Consumer Rights act ? I have noticed on this template that they attach the relevant Act/legislations however unsure if I should refer to this or not when sending the letter before action.

 

pinkshoes

Have you tried contacting him using a different phone number or email? Just to check if he is still alive rather than just avoiding you?

Definitely no solicitor needed. Just send a polite but firm letter stating that on X date you paid for <description of work> to be done, and you are still waiting for it to be done. State that you need the work doing by X date (end of october? mid November?) so could he place let you know when this work will be completed, or refund the £700 already paid if he is unable to now complete this work.

darrend2812

Hi @pinkshoes - Yes tried different number and nothing - He is showing as online on Whatsapp throughout the day so I believe just ignoring my messages completely. 

We are at the stage where we do not want him to carry out the work therefore just want to go straight to refund option. 

pinkshoes

Has he done any work at all for you? Do you have a physical address for him?

Manxman_in_exile

Did you originally agree a timescale with him back in August 2021 when you engaged him?  On the three occasions that he has told you that he will drop them off, have you given him a deadline and/or told him that "time is of the essence"?  

You can try a letter before claim, but my slight concern would be that if you haven't done any of the above then you might not win a case.  I think the Consumer Rights Act says that contracts (including for the provision of servces?) need to be completed within a reasonable time (unless a specific timetable has been agreed) otherwise the service provider is in breach.  I think your difficulty here might be that you only engaged him two months ago and that a court might decide that it is not unreasonable that he has not yet drawn up and delivered the plans - especially if you agreed no timescale from the outset or told him that you must have them by a specific date.  What did you agree at the outset and what have you since told him?

darrend2812

He has done 1 site inspection to draw up our existing floor plans... that's it.

Yes his company is registered and his invoice states his home address. Conscious about confronting him at his address as this may jeopardise my case on refund, 

Thrugelmir

darrend2812 said:

He has done 1 site inspection to draw up our existing floor plans... that's it.

When was that? 

Manxman_in_exile

And what - if anything - did you agree concerning timescales?

darrend2812

This was in Aug2021... unfortunately no time line was given as he advised on two occasions this would be sent over later that coming week therefore took for granted it was not needed to agree a time.