Money stolen but building works not carried out

RobbieD1506

Hi, advice needed please.

We hired a builder to fit kitchen units and paid £1250 upfront for materials (50% of the overall cost). He messaged us on the day to say he’d been taken to hospital and spent the next 6 weeks reassuring us he was on the mend. Finally he messaged to say he was now able to start the work and we rescheduled another date. On the morning of this date, he messaged to say he’d wasn’t able to do the work now and would return our deposit. This obviously didn’t happen so we messaged for a week and he ignored all contact.

We sent a 14 day informal notice which he ignored so we then went through the formal routes. Still nothing. 30 days ago we got a copy of the CCJ notice that had been sent. Still nothing. What next? This isn’t even a dispute over whether the work was shoddy, he’s literally stolen our money and hasn’t even stepped foot on our house. We have full evidence of his messages, the informal letter and the bank statement showing the transfer.

RobbieD1506

Just to add he had good reviews online but silence in the last few months. And we know he’s still trading because we found out a couple of weeks ago that he’s been messaging and is due to complete work for someone else on our estate in September.

UnsureAboutthis

only pursue if he has a penny to her name. Often these disgusting parasites pray on people who are paying " up front."

When we have materials delivered, we pay a proper supplier, or they don't get our business, or we pay after the job.

so many crooks around

Is he a registered business? Did it have a business address/landline etc and how long was this misfit in business for under this guise etc - I never hand money up front, even for goods. EG, a person i know had block paving delivered, it was half the stuff but unless you are an experet you cant tell - the guy paid several thousand in cash. The so-called paviours never returned. I bet you the blocks, a lot of sand, few centment bags were stolen goods or left over odds and ends from other jobs. The bloke was stuck with this mess his front graden for more than a year.

people are quick to follow through via small claims/etc/etc—more often than not, you still wont see a penny even after sending in the baliffis

However, goodluck

Where were her "reviews!?

Warning to ALL: When reading reviews and you want a full kitchen, restroom/bathroom extension, etc., be VERY careful, as often these reviews even if genuine are for " ..Tovbgdtg tunred on on time did a good job, no hestitiation.."

However, those jobs may be worth pennies and no one paid up front and I bet you she robbed them as well, ie overcharged or just fradualent works.

elsien

Not sure what you mean by saying you’ve got a copy of the CCJ letter that has been sent? What stage of the court process are you at?

Grumpy_chap

How did you pay the £1,250?

Cash.

Bank transfer.

Cheque.

Debit card.

Credit card.

RobbieD1506

As mentioned, bank transfer.

RobbieD1506

https://forums.moneysavingexpert.com/discussion/comment/82109578#Comment_82109578

We initially had to wait 30 days, then we were told it’d been accelerated as a 30 day county court enforcement which expired today.

Alderbank

The 30 day county court enforcement notice means that you now have a piece of paper agreeing that your builder owes you £1250 or whatever you asked for in your claim. From now you have 6 years (if you are in E&W) to try to persuade him to give you that money.

You can simply ask him for it yourself, or now you have that piece of paper you can pay a fee of about £100 for the County Court Enforcement officers to ask him for you. Their success rate of getting payment is about 20-30%. Since the debt is more than £600 you are allowed if you wish to pay private High Court Enforcement Officers to do the asking, which might frighten him into paying, but their fees will be much higher.

For a small fee (about £10) you can find out if he already has any CCJs apart from yours. Many people check this before deciding to go to court, because if he already has CCJs he either has no money to pay or he simply doesn't care about them - getting another one won't make much difference.

You would be very lucky if he agrees to pay the whole amount in one lump sum (he might have spent it) but he could be willing to pay you in installments once he is earning again. If you choose to use enforcement officers they will try to assess his circumstances and advise you on whether you should press for the full amount or whether it might be realistic to settle for a lesser amount if that's all he can afford.

mta999

Have you tried your bank as if it was a fraudulent payment (in other words to builder had no intention of doing the work from the get-go) then they can claw it back

there was another recent thread on here regarding the same situation and they got their money back this way

emphasize it is fraud to your bank, don't start talking about CCJs etc

https://forums.moneysavingexpert.com/discussion/comment/82087785#Comment_82087785

Boohoo

https://forums.moneysavingexpert.com/discussion/comment/82109916#Comment_82109916

The OP seems to have CCJ against the builder so trying to get the bank to refund OP and if they get a refund what about the CCJ , how would that be actioned or cancelled if the OP has a refund?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/82109966#Comment_82109966

Depends what the award on the CCJ is… if its just for the lost monies then the OP would have to say the claim has been settled. If the award was for the lost monies plus court costs then the case if partially settled and the OP can continue to chase for the court fees.