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Scam Builder. Court said his account was too low and won't help

Hi, my lovely friend unfortunately gave £15,000 to a builder who started digging the foundations for an extension, completely messed it up then ran off  with the money. She had to get another builder and start again. Now can't finish the kitchen extension as has no money. She took him to court and as his bank account was low the judge said he doesnt have to pay anything back. The builder, sadly, since she has found out does this regularly and is still connng people by starting jobs, getting the money and disappearing. She had reported him to Trading Standards but nothing was done. I realise she should not have given him money up front but, like all the toerags out there he was charming and reassuring and provided references. I presume there is nothing more she can do?

Comments

  • If she's already tried the legal avenue, I think that's it.  It sounds like his modus operandi is effective at keeping money out of reach.

    Trading Standards may very well be taking action.  Your friend wouldn't necessarily be told, but it would take them a while to coordinate all the victims' reports, liaise with the police and the banks, etc.
  • fatbelly
    fatbelly Posts: 22,763 Forumite
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    She has a ccj against him? Or not?
  • Olinda99
    Olinda99 Posts: 2,042 Forumite
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    it's a builder is indeed during this 'all the time' and it is not just a case of a builder whose business has failed then it is deliberate fraud and you should report it to the police
  • elsien
    elsien Posts: 35,703 Forumite
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    fatbelly said:
    She has a ccj against him? Or not?
    I would quite like to know exactly what the court did say. Not a third-party summary. The devil is often in the detail.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • user1977
    user1977 Posts: 17,536 Forumite
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    elsien said:
    fatbelly said:
    She has a ccj against him? Or not?
    I would quite like to know exactly what the court did say. Not a third-party summary. The devil is often in the detail.
    Indeed. "As his bank account was low the judge said he doesnt have to pay anything back" doesn't make much sense to me.
  • born_again
    born_again Posts: 19,930 Forumite
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    Fluffy2 said:
    Hi, my lovely friend unfortunately gave £15,000 to a builder who started digging the foundations for an extension, completely messed it up then ran off  with the money. She had to get another builder and start again. Now can't finish the kitchen extension as has no money. She took him to court and as his bank account was low the judge said he doesnt have to pay anything back. The builder, sadly, since she has found out does this regularly and is still connng people by starting jobs, getting the money and disappearing. She had reported him to Trading Standards but nothing was done. I realise she should not have given him money up front but, like all the toerags out there he was charming and reassuring and provided references. I presume there is nothing more she can do?
    Is this a ltd company?
    Life in the slow lane
  • Grumpy_chap
    Grumpy_chap Posts: 18,015 Forumite
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    edited 29 September 2024 at 2:48PM
    Fluffy2 said:
    She took him to court and as his bank account was low the judge said he doesnt have to pay anything back. 
    What court did she take him to? 

    At County Court, the decision and issue of the CCJ would be irrelevant as to whether the individual (company?) defendant had funds in the bank account.  Once the claimant had the CCJ, it is for the claimant to recover the funds due - bailiffs etc.  


  • Alderbank
    Alderbank Posts: 3,791 Forumite
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    edited 29 September 2024 at 2:45PM
    As @Grumpy_chap says above, that would indeed have been the case if a disappointed consumer brought a civil claim in the County Court.

    Since the OP says he was doing this regularly then sounds like this was a criminal prosecution following investigation by Trading Standards.
    The magistrate could have found him guilty but ordered perhaps community service rather than repayment if he said he'd spent all the money.

    The consumer(s) could afterwards have brought civil claims to try to recover their money. Winning would be slam dunk as the burden of proof is much lower in the civil courts.

    However you can't get blood out of a stone, as the saying goes.
  • Okell
    Okell Posts: 2,490 Forumite
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    elsien said:
    fatbelly said:
    She has a ccj against him? Or not?
    I would quite like to know exactly what the court did say. Not a third-party summary. The devil is often in the detail.
    user1977 said:
    elsien said:
    fatbelly said:
    She has a ccj against him? Or not?
    I would quite like to know exactly what the court did say. Not a third-party summary. The devil is often in the detail.
    Indeed. "As his bank account was low the judge said he doesnt have to pay anything back" doesn't make much sense to me.
    Agreed.  I can't believe any judge would say that.

    Either @Fluffy2's lovely friend hasn't understood what the court has decided, or Fluffy2 hasn't understood what her friend has told her about the court's decision.

    "Send three and fourpence..."
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