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

Aylesbury_Duck

To answer your questions:

• How should I begin the Small Claims Court process?  With a letter before action, but it's crucial that you send it to the correct address and that it's the address of the business entity you entered into a contract with.

• I suppose I need to include trader and daughter in the dispute?  Leave the daughter out of it.  Your contract is with the trader.  He owes you money, it doesn't matter where that money comes from.

• What evidence will I need to provide?  Everything you've told us, backed by any documentation, bank statements, text messages, etc. you have.

• Should I file a formal complaint with MyBuilder and Checkatrade?  If you like.  I suppose it might exert some leverage on the trader, but if he is a conman then I suspect it will be pointless.

• Can the video footage of them removing the materials be used as evidence in court?  I don't know, but noting in your submission that you have the video evidence would be sensible.

• Should the so-called tree surgeon be included in the claim?  No.  Again, you paid the trader for everything, so your claim is against him.

Ergates

user1977 said:

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. 

The most plausible explanation is tax evasion.

Ergates

Bobby2021 said:

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.

---

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?

---

You could report him to HMRC too for tax avoidance:  Report tax fraud or avoidance to HMRC - GOV.UK

Having you pay money into an account not in his name is a massive red flag - they can look into it.

user1977

Ergates said:

user1977 said:

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. 

The most plausible explanation is tax evasion.

Well, yes, but in the context of who is liable to the OP...

saajan_12

Bobby2021 said:

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.

Have you contacted the trader to get them to complete the job? If not, then I'd do that even if just for the paper trail. Ultimately your claim is now that the materials / job is incomplete and the jet washer is damaged. The other stuff about using your elec and paying more than intended is moot since you did agree and you expected them to use your power. The bank is right its not fraud so not their responsibility, else they would be insurers for every consumer contract in the world. 

Bobby2021 said:

Questions:

• How should I begin the Small Claims Court process? 

Start with a letter before action to the trader, asking for the amount owed within x days, to avoid court and related fees. Then look into whether you have a reliable address for the trader and whether he has assets - if not then it might be pointless getting a win in court. 

Bobby2021 said:

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

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

Not the daughter. Its irrelevant (for this purpose) what name was on the account, you contracted with the trader and paid into the bank details he provided. 

No harm in including the tree surgeon jointly, as a backup in case the trader says he was just an agent and you actually contracted with the tree guy for that portion. Not essential though. 

Bobby2021 said:

• What evidence will I need to provide? 

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

(a) proof of what the contract was and scope of work
(b) proof of the payments made
(c) proof of materials left (or not) and proof of work done (or not)
(d) proof of your efforts to settle outside court (eg asking him to return materials and to complete work, letter before action)
(e) proof of cost to complete job with another trader

Video footage can go to (c)

Bobby2021 said:

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

Have a go and I or others will be happy to review. The jist of the first step (LBA) is to say we had contracted for <work> and paid £X to date. Unfortunately this work was not completed despite contacting you (trader) to return on <date> and <date>. As such, you will need to get the work completed and materials resupplied due to being taken away, at a cost of £Y extra. After deducting the remaining payments, I will incur costs of £Z to correct and complete the job. Then ask the trader to pay that amount in 14 days. If not you will have to pursue via courts, incurring court costs which will be added to the claim. 

sheramber

The chances are he has no assets.

House rented or in someone else’s name?

 No money, as paid into daughter’s account. 

Vehicle on hp.

sheramber

Which service did he reply under.

Checkatrade have a guarantee depending on circumstances

https://www.checkatrade.com/guarantee-terms


and  Mybuilder offer advice.

https://support.mybuilder.com/s/article/I-am-not-happy-with-the-work-what-now

Both claim  to have standards required by tradesmen.

Whichever he used give a bad review. 

born_again

sheramber said:

Which service did he reply under.

Checkatrade have a guarantee depending on circumstances

https://www.checkatrade.com/guarantee-terms


and  Mybuilder offer advice.

https://support.mybuilder.com/s/article/I-am-not-happy-with-the-work-what-now

Both claim  to have standards required by tradesmen.

Whichever he used give a bad review. 

Providing he is listed with them & not a chancer looking at adds & jumping in 🤷‍♀️

eskbanker

Just to check, is the contract with an individual acting as a sole trader, or a limited company?

Naturelover22

Just to say I had an issue using someone theough checkatrade. Though looking on somewhere like that would be good for work on our gutters. Contacted the person advertising who then sent someone else nothing to do with his company and later said he was winding up the business. Made out he was doing us a favour when I found out he didn't work for him and then the person did a bad job, I left a bad review and then they hassled me to remove it which I wouldn't do until they repaired the work. It sort of got sorted but work was very poor.
I would love to know how to find reputable tradespeople, they must be out there.
Checkatrade was also very unhelpful and rude when I complained too.