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Builder takes money and runs - any advice?

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Hi, my dad paid £4000 (upfront!)to a builder for work in his house. They left him with live electric wires hanging out of the ceiling and 3/4 of the work unfinished and rubbish left in his garden.
He has since found out that the VAT number quoted by the builder on his invoice does not exist. I have also found out from Companies house, that this builder went bankrupt in 2004 so should not be working as a Director.
I have also heard, but not sure how true this is, that he is still working, after just returning from a nice holiday in Austalia (probably paid for by my dad!)
My dad has managed to contact this builder and the builder states that his cheque book/cards etc have been seized by VAT man and he has been told he can no longer trade.
Is this a possiblity?
Where does my dad stand with regards to getting money back, etc?
I know he is a daft old boot for paying this man up front, but unfortunately, he is far too trusting.
Any advice would be really appreciated.
Thanks
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Comments

  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Try ringing him,as though you were a different customer looking for a quote and see what he says?

    How did you get hold of his details originally?

    I would be contacting Inland revenue to see what advice they give?
  • standupguy
    standupguy Posts: 904 Forumite
    How did your dad pay the £4000?

    If it was a cheque you could ask the bank to let you have the original to see which account it was paid into?

    It may give you a stronger hand if he is fibbing about the vat man?
  • Could your dad cancel the cheque ? After all you paid for a service you did not get!

    Let me get this right, he charged VAT and gave a false number....you need to report him to the HMRC for that! ( although from the sounds of it he's already been reported!)

    I'd consider reporting him to trading standards too.

    Google the builder's name ...you'd be surprised what a simple search can bring up
    "Every time you feel yourself getting pulled into someone else's nonsense, tell yourself: Not my circus, not my monkeys." - Mark Borkowski.
  • Small claims court?
  • hollydays wrote: »
    Try ringing him,as though you were a different customer looking for a quote and see what he says?

    How did you get hold of his details originally?

    I would be contacting Inland revenue to see what advice they give?
    Very good idea, I might try this. Thanks for that
  • too late to cancel cheque, dad rang HMRC and is waiting to hear back. Trading Standards were already aware of him, but not sure why!!
    I know this man is still working, but not sure what to do about that either.
    Thanks for your advice.
  • JasonLVC
    JasonLVC Posts: 16,762 Forumite
    Part of the Furniture Combo Breaker
    If he has charged VAT then this is fraudulent and so HMRC should take an interest in this - although that doesn't help Dad get his money back.

    If he has given a false VAT number then he wasn't registered for VAT in the first place and so HMRC have no power to take away a Directors cheque book.

    If he was VAT registered and he hasn't paid HMRC the VAT over, they can seek a winding up order of the business to get back their money but they cannot seize his chequebooks.

    Small claims court is the best route, it'll be a long slog and builder probably has many other CCJ's against him already, but serve warrant and obtain goods to the vaue owed and that'll be that for your Dad.
    Anger ruins joy, it steals the goodness of my mind. Forces me to say terrible things. Overcoming anger brings peace of mind, a mind without regret. If I overcome anger, I will be delightful and loved by everyone.
  • Elmer_Dudd
    Elmer_Dudd Posts: 201 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    What a lowlife...sadly there are thousands and thousands of cowboys like this across the country.

    I would report him to the local police for fraudulently obtaining the money without doing the job and deception and see what they say. The chances of getting the cash back from this snake are low but the small claims route will be a long hard road and you need to be resolute.

    PS..if you know where he is working take a handycam/digital camera and film the slob and the vehicles he is using etc and build up your case. Get some mates to ring him and ask for a quotes and get them to photograph him and take his vehicle numbers/phone numbers/flyers/business cards etc etc and see if they can blag his home or works address or other details of where he is working etc out of him and pass these on to the relevant authorities.

    Make this maggots life unbearable and stop him scamming others.

    Speak to your local press..they run consumer articles all the time..get his mug and business dealings in the local rag..shame him a little.:mad:

    No doubt he has done this to numerous other victims and only constant and sustained pressure will bring him to book.

    Good Luck

    Elmer:cool:
  • ben_and_elly
    ben_and_elly Posts: 68 Forumite
    JasonLVC wrote: »
    If he has charged VAT then this is fraudulent and so HMRC should take an interest in this - although that doesn't help Dad get his money back.

    If he has given a false VAT number then he wasn't registered for VAT in the first place and so HMRC have no power to take away a Directors cheque book.

    If he was VAT registered and he hasn't paid HMRC the VAT over, they can seek a winding up order of the business to get back their money but they cannot seize his chequebooks.

    Small claims court is the best route, it'll be a long slog and builder probably has many other CCJ's against him already, but serve warrant and obtain goods to the vaue owed and that'll be that for your Dad.

    UPDATE:- my dad took this man to court, he is paying back monthly £100 per month - final payment due very soon. So, advice to all - go for it and don't give up.
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 12,733 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    That's brilliant news, at least your dad got the money back

    Can you now name and shame him on here so everyone knows to avoid him?
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
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