Problem with gardener and possible legal action

pramsay13

The OP says it was a recommendation on a local FB group, so nothing to do with FB really. You could go back on the local FB group to give a factual account of what has happened.

turnitround

Try investigating more on the open facebook profile Gary has. I found the address details for a rogue trader by doing this. In my case it was all down to one of his photos giving info away and a random comment made by someone  on one of his photos. 

bringingit

Update on this. 

A small amount of progress has been made with the work. It’s still not finished and still not of an acceptable standard. I’m still also storing Gary’s tools that he left in June. I’ve given him many opportunities to resolve the issues and finish the work.

In better news I’ve managed to find his address and everything I’ve found suggests he’s just an individual not a company.

I’ve asked Gary for a partial refund which he’s refused and said my next steps are a LBA and advising others not to use his services.

I’m just wondering what I can reasonably claim.
1. The amount paid to Gary for the part of the work that has not been completed?
2. Or the amount paid to Gary for the part of the work that is not of an acceptable standard?
3. The amount to complete the work?
4. Anything for the delays, awful service and time spent chasing etc?
5. Any type of punitive damages?

I’m hoping a well drafted LBA might stir some action and to not have to go through the whole small claims process but would be willing to do that if necessary.

born_again

MalMonroe said:

Hi,

Have you reported this person/ad to facebook? That's something that needs doing. And also to Instagram although they're basically the same company.

Also have you reported the whole matter to Facebook? After all, you would never have bothered with this 'gardener' if the ad had not been on Facebook and I think that they should take some responsibility. 

It's digusting that people can be scammed like this if Facebook takes no responsibility. 

To be honest, I really doubt that any letter from you will spur anything. They have your money now and they can just disappear. But FB should have a record of their IP address, at the very least, and may be able to chase them from that. 

But definitely please do report this person if he's still on FB, try to save others. Sorry this happened to you.

You do realise that a IP address is not going to give you the address they live at? Might be lucky if it gives a town.

bringingit

I have the actual address.

Immensely_Saddened

I'm with MalMonroe, name and shame Gary and Paul on Fakebook, so they can't con anyone else

sheramber

I think you a quote to make the job right and claim that amount from him.

pramsay13

bringingit said:

Update on this. 

A small amount of progress has been made with the work. It’s still not finished and still not of an acceptable standard. I’m still also storing Gary’s tools that he left in June. I’ve given him many opportunities to resolve the issues and finish the work.

In better news I’ve managed to find his address and everything I’ve found suggests he’s just an individual not a company.

I’ve asked Gary for a partial refund which he’s refused and said my next steps are a LBA and advising others not to use his services.

I’m just wondering what I can reasonably claim.
1. The amount paid to Gary for the part of the work that has not been completed?
2. Or the amount paid to Gary for the part of the work that is not of an acceptable standard?
3. The amount to complete the work?
4. Anything for the delays, awful service and time spent chasing etc?
5. Any type of punitive damages?

I’m hoping a well drafted LBA might stir some action and to not have to go through the whole small claims process but would be willing to do that if necessary.

You should get a quote to finish the job / put everything right. 
If it's less than the money you withheld you pay for that and give Gary the difference along with his tools.
If it's more than the money you withheld you claim the difference from Gary and give him his tools.
The final amount should be what you agreed to pay for the work that will then be done. 
I think if you start looking for extra for delays etc it starts to make you look unreasonable and there's no way you can claim for punitive damages, we are not in America. 

Ath_Wat

Immensely_Saddened said:

I'm with MalMonroe

You're clearly new around here.

Money_Grabber13579

Ath_Wat said:

Immensely_Saddened said:

I'm with MalMonroe

You're clearly new around here.

Or MalMonroe Mk2.