How can my brother get the money his friend owes him?

heidi3333

Hi there,

I’ve not used this site for ages but could do with some advice on behalf of my brother.

He’s a self-employed handyman/joiner/painter and decorator and has been doing this for years. One of our mutual friends recently bought a house and got my brother to do the place up for him. It took my brother 3 months, 6 days a week to complete. My brother told his friend the hourly rate and kept him updated about how much he was due. The friend kept reassuring him that he’d get paid once the job was complete.

Once the job was complete my brother sent him an invoice which has remained unpaid for over 6 months. My brother has chased the payment up many times and despite reassurances from his friend that it’ll get settle, the bill remains unpaid. My brother has since discovered that his so-called friend has a reputation for defaulting on bills for lots of things inc new cars (which were repossessed) electricity, plumbers etc. He doesn’t see why he should have to pay any debts!

I am furious at this guy for treating my brother so badly. He is due him £3000! My brother is trying to get a mortgage and this deficit in his annual income is hampering what he can afford to buy.

My brother thinks this guy has now disappeared somewhere (possibly Australia as he’d been talking about it for a while) as there’s been no sign of life at his house for weeks.

My brother paid £300 to speak to a solicitor today only to be told there’s nothing he can do unless his friend decides to sell his house and then my brother could put a claim in. The friend doesn’t work as he suffers from depression.

I’d be more understanding if the guy was skint but he’s not long sold his farm for a fortune!

I’ve suggested my brother takes the guy to the small claims court but I don’t really know what else to suggest.

Can anyone help?

Thanks in advance.

Ms_Chocaholic

The numbers don't seem to add up - £3,000 for 3 months work, 6 days a week, so that's approx £41 per day to work, how many hours a day was he working?

user1977

He'll need to find where he is first - not much he can do without that info.

heidi3333

Ms Chocaholic - He was doing his friend a favour by charging him mates rates.

Voyager2002

County Court would be the way to go. Your brother should budget about £500 for court fees up to and including a hearing, although it is possible that 'friend' would pay up as soon as he received court papers and realises that your brother is serious. The most that would happen would be a County Court Judgment (CCJ) which would of course trash 'friend's' credit record: he might or might not mind that. There are further steps: the clerk to the court could advise on what is possible. For instance, for additional cost he could send court bailiffs into 'friend's' property to seize goods to the value of the total owed; any income (including benefits) could be "garnished" (a certain amount deducted from each payment and paid to your brother); and he could have a "charge" put on the house if it really does belong to 'friend'. Costs for all these steps are fairly high, but will be added to the amount owing.

heidi3333

 Vogager thanks for that really helpful reply. I’ll pass that info onto him.

TELLIT01

First he has to stop thinking of this person as his friend.  Assuming he is still in the UK, a letter demanding payment by x date and stating court proceedings will be started if payment isn't received.

Coincidentally, my brother-in-law is a builder, and the only people he ever has trouble getting payment from are 'friends'.

pinkshoes

Well at least this "friend" owns the house...

A letter before action and deadline to pay before court action is the only way forward. If he hasn't got the cash then a charging order on the house.

This is not a friend. 

heidi3333

yes he’s defo yes he’s definitely not a friend now - to either of us 😡.