Conned by builder and supplier

joysivercat

We made the mistake of choosing the wrong builder. A colleague’s husband who needed work. After four months of problems and thousands of pounds wasted,  he has gone. Rather than asking him to repair the damage, we are left with a half finished project and the wrong front door ordered and delivered by his trusted supplier. 

These companies seem to work below any form of recourse. No websites, no mobile number (never there to answer landline), no sign of membership of any trade associations. I’ve sent a letter using the MSE template rejecting the door to the double glazing supplier, but he hasn’t replied. In the heated discussion I had with him, after leaving a message on his answerphone rejecting the door, he says that although we paid him direct it is the builder who he supplied so he’s keeping the £1500 we paid to his company account. Am I wasting my time pursuing this? Does anyone know what I can do next? 

Aylesbury_Duck

joysivercat said:

We made the mistake of choosing the wrong builder. A colleague’s husband who needed work. After four months of problems and thousands of pounds wasted,  he has gone. Rather than asking him to repair the damage, we are left with a half finished project and the wrong front door ordered and delivered by his trusted supplier. 

These companies seem to work below any form of recourse. No websites, no mobile number (never there to answer landline), no sign of membership of any trade associations. I’ve sent a letter using the MSE template rejecting the door to the double glazing supplier, but he hasn’t replied. In the heated discussion I had with him, after leaving a message on his answerphone rejecting the door, he says that although we paid him direct it is the builder who he supplied so he’s keeping the £1500 we paid to his company account. Am I wasting my time pursuing this? Does anyone know what I can do next? 

Sadly, there's the problem.  I suspect he was much cheaper than a decent builder partly because he doesn't have those things in place.

If I've understood it correctly, it sounds like the door was supplied to the builder on the builder's trade account (maybe the supplier doesn't sell directly to consumers?) and you settled the builder's account with the supplier.  If that is correct, I think you are left chasing the builder.  You could take the builder to court, but you'd need an address (do you have it?) and be confident he has the means to pay should you win.

the_lunatic_is_in_my_head

Hello OP

Sorry to hear, did you get any paperwork when you paid for the door? It is possible the contract the for the door is with the builder unless you have something to show otherwise. 

Is this builder an LTD or sole trader? Do you know if they own their own home? 

Usual advice is to get someone else in to inspect the work, put in writing what is wrong, have it fixed and then claim the extra it cost you over the original quote as damages due to breach of contract (breach being service carried out without due care and skill). 

With regards to the door, can you show it's the wrong door (i.e anything in writing from the builder or supplier to show they've sent a different door to what was requested by yourself)? 

Devongardener

Has the door supplier delivered to the specifications that were ordered.  If so there’s little you can do unless it's faulty.  

They are correct that your builder is responsible if he ordered it incorrectly, their contract is with the builder unless you have an invoice addressed to you.
Otherwise it’s probably a lesson learned to use certified FENSA registered suppliers for doors and windows, and check your builders history, rather than a friend of a friend.

Tucosalamanca

If the wrong door was ordered, this has nothing to do with the supplier, unless they have delivered a product different to what was originally requested. It would be the builder's responsibility to resolve any issues.
Plenty of high quality, trusted businesses don't have websites, publicly available contact details or trade affiliations.
They have no need, they trade off return customers, recommendations and the quality of service that they offer.
It's quite a stretch to imply that that they're conning people or operating without recourse.
If you took this attitude with them, I can see why things got heated, particularly as you're not even their customer...

joysivercat

My attitude is a result of losing thousands of pounds, knowing that the builder saw us as a soft touch as I was good friends with his wife. His prices were the same as the well known firm that were our initial first choice. We just felt we were in safe hands. 
All the answers have been enlightening. After reading them I’m not going to take things further as it’s hopeless. I hope my friend has a good Christmas with all my hard earned cash! 

Jumblebumble

joysivercat said:

We made the mistake of choosing the wrong builder. A colleague’s husband who needed work. After four months of problems and thousands of pounds wasted,  he has gone. Rather than asking him to repair the damage, we are left with a half finished project and the wrong front door ordered and delivered by his trusted supplier. 

These companies seem to work below any form of recourse. No websites, no mobile number (never there to answer landline), no sign of membership of any trade associations. I’ve sent a letter using the MSE template rejecting the door to the double glazing supplier, but he hasn’t replied. In the heated discussion I had with him, after leaving a message on his answerphone rejecting the door, he says that although we paid him direct it is the builder who he supplied so he’s keeping the £1500 we paid to his company account. Am I wasting my time pursuing this? Does anyone know what I can do next? 

I think your title is misleading as the Supplier as far as  I understand has not done anything wrong.
The supplier delivered what was ordered and I am not surprised has failed to respond to a random 3rd party accusing them of being con merchants

Indeed to would possibly be a breach of GDPR to discuss this transaction  with you.

Bradden

Jumblebumble said:

Indeed to would possibly be a breach of GDPR to discuss this transaction  with you.

I think this is covered under privity of contract rules which would prevent a 3rd party enforcing any rights.