Getting deposit back/returning tools - Tradesman

Andybooth23

This post has been deleted

born_again

How did you pay the £1200?

Andybooth23

born_again said:

How did you pay the £1200?

It was by a bank transfer to a personal account

Jumblebumble

Andybooth23 said:

Oh where to start on this one!

Our house was in need of some skimming and joinery doing to it. We've had a new bathroom fitted previously via mybuilder before which was great and we went down this method again this time. The first plasterer we booked on there had to cancel abruptly 2 days before starting after fracturing his hand.

My partner was then chasing around trying to get someone in quickly as we had stripped all the walls and the house wasn't suitable to be living in, especially not with a 6 month old. She sourced someone recommended via community group on FB who had a good record of reviews and proof of work for a few years. He came over, seemed great and polite and provided us with a quote and start date of the 3rd of December. We also paid a deposit of £1200.

2/12 - No show. No contact made and unable to get in contact with tradesman.
3/12 - Tradesman informs us he's been in hospital as he's dislocated his shoulder, says he is attempting to reach out to his network to get someone to assist him.
4/12 - We ask for an update no response.
5/12 - We as for an update no response. 
6/12 - Says he can start tomorrow as he has a friend helping. We ask what time, no response.
7/12 - Randomly turns up at 10am. Key given due to my and my partner both working long NHS shifts. Make the mistake of asking how he dislocated his shoulder to which he replies when the policeman was putting his cuffs on him on a night out. Also check his vehicle outside to find it's not insured. Check in with him in the evening to check how the job was going, no reply. Attend the property and work has begun but it appears they've been hacking away at plaster rather than skimming.
8/12 - Go past the property in afternoon and no one there. Attend in evening and no-one been. Again no reply.
9/12 - Informs us that sadly a family member passes at lunchtime on the 7th and has been sorting that. Says he will resume again on the 11th. We understand as we know how awful bereavements are.
11/12 - No attendance, no reply to call or message. Our messages tells him we understand the situation he's in and all we need is clarity. We aren't asking him to start work, we just want to know if he wants to and has a date in mind we can agree on, or if it's easier for him and us to get someone else in for the job whilst he concentrates on more important personal things. No pressure, and we understand if he needs to walk away from the job and we'll pay for the days work.
12/12 - Answers phone and sounds drunk, says he apologies and will ring me first thing next morning.
13/12 - No call. No response to my call.
14/12 - Send a message saying we haven't received contact or clarity and sadly need to get someone else in. Please can you contact us by 11am the next morning to arrange collection of his tools from the property and to return the key. If no contact received we will have to escalate matters with bank/police. 
15/12 10:40 - Text with apologies saying he will collect his tools today and arrange return of deposit.
15/12 10:57 - Text stating he's just arrived at the property and can't get in due to the key not working. Why are we treating him like a criminal and he hopes someone treats us like this when we suffer a bereavement.

Just also to clarify, we hadn't locked him out of the property or changed the lock. We'd been showing other people round the property for quotes (they had been shocked at the state of his work and state he had left the property in) and left the front door key in the inside of the door. We're currently living elsewhere whilst we try get the house rectified.

If anyone has any advice on where to go from here, how to mediate, how to get our deposit back and if we should allow access to tools and how if would be hugely appreciated. My partners a nurse and my line of work in the NHS is Covid Management so our heads are absolutely frazzled at the minute without all of this.

I suspect you have no way of stating as a fact that his vehicle was uninsured because  I suspect you have made the mistake of thinking the ASKMID  is 100% accurate
(This should not be done in any case in these circumstances as someone doing so has to  make a false declaration) 

comeandgo

Can you meet him at the property, get him to transfer back deposit less any work done then you will give him his tools back.  A word of warning, never, never give such a high deposit, that was total foolishness.  No business needs that amount, set structured payments, work gets done, they get paid next day.

Andybooth23

comeandgo said:

Can you meet him at the property, get him to transfer back deposit less any work done then you will give him his tools back.  A word of warning, never, never give such a high deposit, that was total foolishness.  No business needs that amount, set structured payments, work gets done, they get paid next day.

This was our aim however the latest reply is ''Sorry I have things to sort. You aren't my top priority. Now I'm going to be addressing the matters I do have in an order that I can'' when asking if we can meet to sort tools and deposit/work done at the property.

In terms of the deposit we've had 4 sets of work carried out by tradesmen from Mybuilder before. Granted, this guy isn't from there but for those 4 occasions they all asked for 20-30% deposit up front and the rest upon completion and no issues. For the 8 quotes we had for this work only one asked for work to be paid for per completion of each room, the rest all wanted a 20% deposit up front. So it didn't really seem foolish to us at the time.

The £1200 we paid is in the region of 20% as the total cost of the quote was £5800.

born_again

Only way to get money back is if he wants to give it back, or you take it to court & win.