tradesperson fraud

twocatsthreekids

Hi, we recently paid a tradesperson to do a small job on our boiler. All went well. We then paid a £2.5k deposit for a bathroom refit. All did not go well. About a week later he dissolved his company. I have done everything possible and followed every channel as advised by solicitor friends, citizens advice bureau etc but not paid for a solicitor as that will end up more than my current loss.

My final attempt has been to get the money back from the bank but they say it is a civil dispute. Firstly because he had already carried out a successful job for me but research shows that it is still purchase fraud not a civil dispute, and the bank still has an obligation. So then the bank said it is a civil breach of contract, not bank fraud. because I knowingly authorized the payment to a legitimate business, therefore it does not fit the definition of a scam or unauthorized fraud.

I am not sure if I have a case to take to the financial ombudsman. I do have a complaint reference number and final decision letter from the bank.

Has anyone been able to successfully get their money back via the bank or other means after this point of action?

Many thanks.

Grumpy_chap

Was the payment by bank transfer or by any kind of card?

A card may be able to process chargeback or may be liable under S75 (if a CC).

Sadly, I think the money is gone.


twocatsthreekids Posts:1 NewbieToday at 3:10PM

Hi, we recently paid a tradesperson to do a small job on our boiler. All went well. We then paid a £2.5k deposit for a bathroom refit. All did not go well. About a week later he dissolved his company. I have done everything possible and followed every channel as advised by solicitor friends, citizens advice bureau etc but not paid for a solicitor as that will end up more than my current loss.

My final attempt has been to get the money back from the bank but they say it is a civil dispute. Firstly because he had already carried out a successful job for me but research shows that it is still purchase fraud not a civil dispute, and the bank still has an obligation. So then the bank said it is a civil breach of contract, not bank fraud. because I knowingly authorized the payment to a legitimate business, therefore it does not fit the definition of a scam or unauthorized fraud.

I am not sure if I have a case to take to the financial ombudsman. I do have a complaint reference number and final decision letter from the bank.

Has anyone been able to successfully get their money back via the bank or other means after this point of action?

Many thanks.

Ayr_Rage

If he really has gone bust then I cannot see it is fraud or a scam.

You are just an unsecured creditor unless you can prove criminal intent.

Did you pay to his company or his private account?

Aylesbury_Duck

When you say "all did not go well", what do you mean? Was any work carried out at all?

Worried_fool

https://forums.moneysavingexpert.com/discussion/comment/82057415#Comment_82057415

If the business was knowingly trading while insolvent then a criminal offence was committed.

born_again

https://forums.moneysavingexpert.com/discussion/6674996/tradesperson-fraud

Has anyone been able to successfully get their money back via the bank or other means after this point of action?

To answer that question, we need to know payment method.

Sounds like you did get a bathroom or part of it. Just what does "All did not go well" mean?

If he has dissolved the co then court is out.

user1977

https://forums.moneysavingexpert.com/discussion/comment/82057520#Comment_82057520

Yes, but (even if you have evidence of that) it doesn't mean the payment was fraudulent.

Ergates

https://forums.moneysavingexpert.com/discussion/comment/82057415#Comment_82057415

If he has gone bust, then it's extremely unlikely that he was unaware this would be happening a week before when he took the money. Which means he almost certainly knew he would be dissolving the company (and, thus, not completing the work) when he took the money.

user1977

https://forums.moneysavingexpert.com/discussion/comment/82058645#Comment_82058645

Or he could have been hoping to receive enough money (such as from the OP) to stay afloat. Companies aren't required to cease trading merely because their finances are perilous, rather than actually insolvent.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/82058645#Comment_82058645

Since the OP said ‘it did not go sell’ did the contractor do the work he had paid for, but the OP is not happy with the work?

If he did the work it is not fraud.

twocatsthreekids

Hi sorry - to clarify - the tradesperson took my deposit of £2.5k and then a week later dissolved the company having carried out no work at all. And has been out of touch since. I am aware of another person who he was working for who has been left £30k out of pocket for incomplete work.

The only work he did for me was a boiler check which was a separate job several weeks before - he completed this and was paid.

the bank are saying because he carried out one job to completion the issue with the second job is a civil dispute not a fraud, despite the fact that he clearly knew he had no intention to carry out my job.