Small claims with trader! (don't call me Stupid!)

Bobby2021

I posted an advert on handyman sites (Checkatrade and MyBuilder) seeking someone to carry out pavement work. A trader responded with a competitive quote and promised to start the very next day, which suited me perfectly. He appeared professional and convincing, and I also agreed to give him the patio cleaning job alongside the pavement work.

He asked me to transfer money for the pavement slabs to his daughter’s bank account, stating that this would allow him to arrange for the materials. I agreed. The following day, he returned with workers who clearly had no knowledge of how to clean patios and arrived without the necessary equipment. As a result, I had to lend them my own jet washer. Around midday, the pavement slabs were delivered by the supplier.

While cleaning the patio, the workers broke my jet washer due to improper use. They also relied entirely on my electricity and tools to carry out the work.

The next day, the pavement work began. The trader had previously visited my property and provided a quote after inspecting the site. My only record of this agreement is a series of texts and emails confirming the quoted cost and subsequent payments.

Later, the trader claimed he would need to bring in a tree surgeon before continuing the work. Please note that by this point, I had already paid for the materials and the patio cleaning.

He said his tree surgeon friend was extremely busy but, after several phone calls, managed to convince him to take on the job for £1,000. After some hesitation, I agreed. Once again, the trader asked for the payment to be made to his daughter’s bank account, which I reluctantly did.

The next day, the tree surgeon arrived but said the job was too large and quoted £2,000. After some negotiation, he reduced it to £1,500. Yet again, the payment was requested to the trader’s daughter’s account, not the tree surgeon directly. After considerable hesitation, I agreed and paid the amount.

The trader and his team returned to continue the work, but it quickly became clear they were cutting corners and lacked the proper tools to carry out the job professionally. Keep in mind, I had already paid for the materials (approximately 70% of the original pavement quote), plus an additional 50% of that amount for the tree surgery, all via the trader.

When I raised concerns about the poor workmanship, the trader disappeared, leaving some of his workers behind. The materials I had paid for were left outside my property, but shortly afterward, I witnessed the workers loading those materials into a car and driving off — I have video evidence of this.

The job is now incomplete. I have paid significantly more than originally agreed, and the materials I paid for have been taken away.

I reported the matter to the police, but they informed me it was a civil issue. I also contacted my bank, but they declined to take action, saying that since some patio cleaning work had been done, it does not constitute fraud.

It now appears that my only viable option is to pursue the trader through the Small Claims Court.

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Questions:

• How should I begin the Small Claims Court process?

• I suppose I need to include trader and daughter in the dispute?

• What evidence will I need to provide?

• Should I file a formal complaint with MyBuilder and Checkatrade?

• Can the video footage of them removing the materials be used as evidence in court?

• Should the so-called tree surgeon be included in the claim?

• Can you help me prepare a timeline summary, a complaint letter, or a court claim statement?

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user1977

I don't think the daughter is relevant here - you contracted with him and paid him money.

Aylesbury_Duck

Have you got an address for the trader and if so, have you verified it's his?  Without an address, court action won't go anywhere.

HampshireH

A tree surgeon was needed to do pavement work? Was there the removal of trees involved?

Bobby2021

Aylesbury_Duck said:

Have you got an address for the trader and if so, have you verified it's his?  Without an address, court action won't go anywhere.

Yes. I have

Bobby2021

HampshireH said:

A tree surgeon was needed to do pavement work? Was there the removal of trees involved?

No, he came to inspect everything first and only gave the quote afterward. I've since found evidence that he's a con artist. I was just unlucky—and, frankly, a bit foolish.

Bobby2021

user1977 said:

I don't think the daughter is relevant here - you contracted with him and paid him money.

But I can't leave her from small claims all money gone to her account.

Emmia

Bobby2021 said:

HampshireH said:

A tree surgeon was needed to do pavement work? Was there the removal of trees involved?

No, he came to inspect everything first and only gave the quote afterward. I've since found evidence that he's a con artist. I was just unlucky—and, frankly, a bit foolish.

I think there were lots of clues that he was shady and should have rung alarm bells at the outset.

1. He could start the next day
2. Payments into someone else's (personal) account 
3. Did not have the tools/equipment needed for the job himself.


Hopefully you'll have some success reclaiming your money, but if not hopefully this has been a learning experience.

user1977

Bobby2021 said:

user1977 said:

I don't think the daughter is relevant here - you contracted with him and paid him money.

But I can't leave her from small claims all money gone to her account.

Why does she owe you anything? The most plausible explanation is that she was acting as agent for dad. 

Wonka_2

Bobby2021 said:

Aylesbury_Duck said:

Have you got an address for the trader and if so, have you verified it's his?  Without an address, court action won't go anywhere.

Yes. I have

Out of interest how have you verified the address ? 

Bobby2021

Wonka_2 said:

Bobby2021 said:

Aylesbury_Duck said:

Have you got an address for the trader and if so, have you verified it's his?  Without an address, court action won't go anywhere.

Yes. I have

Out of interest how have you verified the address ? 

Emmia said:

Bobby2021 said:

HampshireH said:

A tree surgeon was needed to do pavement work? Was there the removal of trees involved?

No, he came to inspect everything first and only gave the quote afterward. I've since found evidence that he's a con artist. I was just unlucky—and, frankly, a bit foolish.

I think there were lots of clues that he was shady and should have rung alarm bells at the outset.

1. He could start the next day
2. Payments into someone else's (personal) account 
3. Did not have the tools/equipment needed for the job himself.


Hopefully you'll have some success reclaiming your money, but if not hopefully this has been a learning experience.

Sometimes, you learn lessons the hard way—ones you'll never forget.