Recouping costs for unfinished roofing job

MissPopov

Hi, I'm looking for some advice on recouping costs for an unfinished roofing job after I stupidly paid upfront. I appointed a roofer last month, who started the job but then came up with constant excuses about why he couldn't come and finish it (bad weather, broken down van). During this time I was in contact with him about leaks coming through to my bedroom ceiling due to the unfinished work. This week he was meant to come on Saturday then cancelled ten minutes after he was due to arrive because bad weather was forecast, then on Monday cancelled because he got drunk the day before (!) and then said he would come at 9am on Tuesday. He was a no show on Tuesday at which point I said I wanted my money back, which he agreed to. I am happy to pay for materials, scaffolding etc if he can provide receipts and I have told him this. He said he would send a proposed figure yesterday but I am yet to hear anything. I've given him until noon tomorrow to respond, after which I will begin the process of going to the small claims court.

I have all of this documented on Whatsapp and I have been reasonable throughout the process. I would really like to avoid going to court, but if it comes to that would I be likely to get back what I am owed?

Any advice very gratefully received, thank you :)

eskbanker

How did you pay?

Taking him to court ought to be a last resort (and is no guarantee of actually seeing your money again anyway even if you win), but you'd need to send a formal Letter Before Claim with reasonable notice, e.g. 14-28 days.

MissPopov

https://forums.moneysavingexpert.com/discussion/comment/82139656#Comment_82139656

I paid him by bank transfer

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82139683#Comment_82139683

I feared that would be the case, as it rules out any recovery options open to those paying with cards.

Is he a sole trader or operating as (or for) a limited company, and do you have his address?

MissPopov

https://forums.moneysavingexpert.com/discussion/comment/82139706#Comment_82139706

As he did start the job I think I would have trouble making a case for fraud etc with the bank anyway as he could say he had every intention of completing the job. He's a sole trader and I can get his address so will be sending him a LBA if he doesn't respond by the deadline of noon tomorrow.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82139711#Comment_82139711

It's academic now but recovering costs from card providers isn't just about fraud but breach of contract or lack of delivery, either of which would apply here (once a reasonable period of time had elapsed).

If this ends up in court then it's probably advantageous to you that he's a sole trader, as this restricts his ability to conceal assets or collapse a company…

StewedApple

https://forums.moneysavingexpert.com/discussion/comment/82139706#Comment_82139706

On the other hand as the poster now has bank details for the builder it does open up recovery via garnishee proceedings.

The safest course of action would be to require the builder to complete the work by a given date and serve notice of this, and their intention to get someone else to complete the work at full cost to the builder if the work is not completed to a workmanlike standard at that date.

A couple of quotes from other builders should be more than enough to satisfy a judge of the reasonable costs of the work should the first builder attempt to claim the charges are excessive.

Given that the work involves roof repairs the owner is under a duty to mitigate their loss and as time is of the essence in such a case they would need to effect the repair as quickly as possible. Another builder may charge more for doing the work at short notice but the court would view that as someone genuinely attempting to mitigate and allow leeway in any event.

With judgment in their favour they can require payment and issue garnishee proceedings.