Landscape/garden renovator not finishing work

Stammers

We had a garden renovator come and do our front and back garden. He started end of January this year. We are now nearly into November and he’s still not finished and hasn’t been here for 11 weeks! 

He estimated it to take 6 weeks originally for the back and 3 for the front. 

He’s claiming due to inflation and how long he’s taken (his idea of a full day is 10.30-2.30 taking breaks for “breakfast and lunch!) he cannot finished the job as he needs more money and he hasn’t got any as there is no more money in the job. 

Please bear in mind here he never works a full week and has not turned up for weeks on end which is why it’s taken so long! 

We have given him so many opportunities to finish. He has promised time and time again about coming and then never turned up. We have worked it out we have £10,310 worth of materials paid for that are not here. 

He has basically spent the money on other things. (I have now found out he has done this to someone else who paid £5k for a fence that never came and they are still waiting for the money back!) 
This is a very brief summary of the situation. 

We are issuing the letter today giving him 2 weeks to finish or our money for the outstanding materials back and will go down the online small
claims route. (£10k max I know) 

My question is, is this a criminal case with him taking money and spending it on his personal life rather than our job? Especially if I got together with the other person! 

He is currently saying he’ll come in December as he might have money then. But I’ve heard all this before and I still find this unacceptable. 

Any other ideas on what I can do as until I get the money or materials I cannot get the garden finished. I’ve ruled out getting all the snagging done. 

DanDare999

Stammers said:

We had a garden renovator come and do our front and back garden. He started end of January this year. We are now nearly into November and he’s still not finished and hasn’t been here for 11 weeks! 

He estimated it to take 6 weeks originally for the back and 3 for the front. 

He’s claiming due to inflation and how long he’s taken (his idea of a full day is 10.30-2.30 taking breaks for “breakfast and lunch!) he cannot finished the job as he needs more money and he hasn’t got any as there is no more money in the job. 

Please bear in mind here he never works a full week and has not turned up for weeks on end which is why it’s taken so long! 

We have given him so many opportunities to finish. He has promised time and time again about coming and then never turned up. We have worked it out we have £10,310 worth of materials paid for that are not here. 

He has basically spent the money on other things. (I have now found out he has done this to someone else who paid £5k for a fence that never came and they are still waiting for the money back!) 
This is a very brief summary of the situation. 

We are issuing the letter today giving him 2 weeks to finish or our money for the outstanding materials back and will go down the online small
claims route. (£10k max I know) 

My question is, is this a criminal case with him taking money and spending it on his personal life rather than our job? Especially if I got together with the other person! 

He is currently saying he’ll come in December as he might have money then. But I’ve heard all this before and I still find this unacceptable. 

Any other ideas on what I can do as until I get the money or materials I cannot get the garden finished. I’ve ruled out getting all the snagging done. 

If you take him to court has he got the means to pay?

It is criminal what he's done but I bet the police will say it's a civil dispute. Being honest I doubt you'll get the work finished or see the money again.