Roofer refusing to return deposit

Buzyizzy

I paid a considerable amount to a roofer on 10/10 who assured me  he would start work on 18/10 and work would take 3/4 days. 18/10 arrived and he messaged saying family emergency, would start on 19th. Then delayed after that several times for different reasons. On 29/10 he messaged to say he was just leaving and his delivery van was also on its way. When I returned home, nothing had been done. I messaged, no reply, then Sat morning he sent me a picture of a road accident saying it was his delivery van. I didn’t believe him, checked out the picture on Google reverse search and it was from Essexlive News in 2017. When I called him out and asked for my deposit back, he agreed. He has since gone back on his word and very rudely told me I’m not getting anything and I’ll see him at the small claims court. I’ve taken legal advice and sent him a breach of contract section 52 letter, he says he hasn’t breached it, but it’s gone way over the time from when I paid my deposit. My insurance doesn’t cover legal representation, so what can I do next? 

Suggestions welcome. CA and TS aware and he’s now on the rogue traders list. 

ArbitraryRandom

A couple of questions if that's okay: 

How much are we talking (less than £5k, £5-25k, £25k+)? 

What documentation do you have of what he was asked to do, when he was due to start, and the failure to do it (for example, did you have a contract with his name and address on at some point)? 

How did you pay (I'm assuming bank transfer, but just to check)? 

Is he an individual trader or a company (LLC) - and do you know if he has any assets?

Buzyizzy

Hi,
£1500
emails from company
whatsapp messages from company phone
bank transfer
ltd company

PHK

Do you actually have a contract? Whether email or physical in which the company says they'll do the work ? If so what does it say  ?

ArbitraryRandom

Here's a guide to the small claims process I recently found for someone else: https://www.judiciary.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other+papers/Small+Claims+Guide+for+web+FINAL.pdf 

It's fairly straightforward (you can do it all online, and it's designed so you don't need legal support). 

Your biggest risk is that you get a successful claim, but then the company doesn't have any assets/money to pay you... 

Buzyizzy

I have numerous WhatsApp messages to say they’ll do the work, and a fairly expansive quote from them. 

Thanks for the link. Let’s hope that doesn’t happen. 

ArbitraryRandom

Buzyizzy said:

I have numerous WhatsApp messages to say they’ll do the work, and a fairly expansive quote from them. 

Thanks for the link. Let’s hope that doesn’t happen. 

What you can do is check online if the company already has any CCJs - it'll cost you less than £10, but that's cheaper than the court filing fee. 

Then you need to send a letter before action to the registered address (there's a template online and the address should be on the contract) - make sure the name you use matches the name on the account you paid the deposit to. 

You can also check if he's registered with a professional body such as NFRC (unlikely, but not impossible) - as they might have another avenue for you to make a complaint. 

user1977

ArbitraryRandom said:

Buzyizzy said:

I have numerous WhatsApp messages to say they’ll do the work, and a fairly expansive quote from them. 

Thanks for the link. Let’s hope that doesn’t happen. 

Then you need to send a letter before action to the registered address (there's a template online and the address should be on the contract) - make sure the name you use matches the name on the account you paid the deposit to. 

Best to check on Companies House what the actual (and current) registered office is:

https://find-and-update.company-information.service.gov.uk/

(and that the other details of the company are correct)

Buzyizzy

There are two addresses, one in Essex but the registered address is in the Midlands. So you’d recommend sending it to the address on Companies House website? Or to Essex? Or both? I can do easily by registered post. 

user1977

It should go to the registered office. There's no harm in copying it to other address(es).

Buzyizzy

Done, no response.CAB have advised to send the letter before court. ☹️