Builder denies me ever working for him after not being paid

[mikey2010]

Hi,

 

I have been trying to research what to do with this problem but no one seems to have any ideas on what I should do, so hope someone on here can help.

 

In 2008 I worked as a general labourer for a building firm (which from looking at companies house turns out to be a sole-trader). After the job had finished (this was six weeks), I invoiced the guy who told me he would pay me straight away into my bank account.

 

After 2 weeks of not receiving payment or hearing a word from him, I tried to contact him by phone but found his number was now out of use, the same for his landline. After several letters asking politely for payment and receiving no replies I gave up all hope.

 

Recently after scanning facebook, I found the builder 2 years down the line and managed to get an email address for him. In the email I sent him, I outlined the amount he still owed me and stated that I had sent him several letters previously. The reply I received stated that he disputes owing me any money and he is prepared to defend it in court. He also stated that if I try to contact him again, it will be harrassment I will be arrested.

 

My question is this: I have a witness who can provide a statement to say that I worked in his property on the given dates, and have bank statements which would prove no money was ever transferred. I also have the original invoices and letters I sent in the beginning. What is my position and would it be worth my while putting in a claim. The amount is for nearly £2000 so I would really like to see the money I worked for at some point. Are there any flaws in my case against this builder?

 

Thanks in advance to anyone who can help

[Bigredbus]

If you can gather all documents related to that period and establish enough proof, you could bring a case before a County Court (small claims track as your claim falls below £5,000.00) for breach of contract...

[honeybee13]

Hello Mikey. It sounds to me as if the builder is trying to intimidate you into backing down. It doesn't sounds as if you will, and I wouldn't. Stick with it, I very much doubt he wants to go to court and he may not have kept paperwork the way you did.

[mikey2010]

Hi,

 

Think I will definitely be following this through. I gave up last time and ended up nowhere. My only worry is losing the case and incurring costs which I really cant afford to pay. Is there anywhere I can go to get free legal assistance??

 

Thanks guys

[honeybee13]

Mikey, as I understand the small claims court, you can represent yourself. The HMCS [HM Courts Service] website has an online facility that looks as if you can file a claim that way - it's worth having a look.

 

For legal advice, you could speak to the CAB who may advise you themselves, or would know legal aid solicitors, if you qualify.

 

I don't know what other caggers think about finding a pro bono lawyer?

[elpulpo]

Doubt it's something that'd interest a pro bono. I might be wrong.

I think what you need to do Mikey is 'go fishing' at this point. Gather as much evidence as you can that this guy owes you the money.

Did the email you received from him just flatly deny that you ever did the work, or does he just dispute or refuse paying you? I wouldn't worry about his threat to have you arrested. If you have a legitimate claim to a debt, you can pursue him, as long as you don't become threatening or abusive.

[mikey2010]

Great, think I might head down there this afternoon to see what they say (CAB). My biggest problem I think is going to be presenting my evidence and the steps I need to take to make sure it is accepted by the court if it gets to that point. One more question - If in the reply the builder sent to me he said 'Do not contact me in any form other than through a solicitor, or I will have you arrested for harrassment', does this mean I can no longer contact him to notify him of the proceedings I am going to take out against him. I dont have any other contact details for him other than his email address.

 

And again thanks for all your help guys

[mikey2010]

Hi Elpuplo,

 

Thanks, I thought I would still be able to contact him. If I had been rude or offensive in the intial message I sent, I would understand his logic, but it was a neutral, if not friendly email I sent him. I am going to try and get a witness statement from the owner of the property I worked at this afternoon. I'm hoping he agrees!!! In the reply he sent me, he denies owing me any money. He does not deny me working for him, nor does he admit it, just the fact that I am owed any money.

 

Thanks

[elpulpo]

No. Him telling you not to contact him again means that he is a pillock. If that were the case I could get the chief finance officer of my local council nicked for coming after his council tax.

You're perfectly entitled to pursue your debt in person.

Make sure that you keep any such threats from him, because you may well be able to use them as circumstantial evidence against him.

[elpulpo]

Does he acknowledge that you worked for him?

[honeybee13]

Keep paper copies of the emails, Mikey, for the court.

 

Do you know who his lawyer is, otherwise it's going to be difficult to write to him, isn't it? Or maybe he is trying to scare you off because you think you might incur costs? I don't think you need a lawyer, same as Elpulpo says.

 

Elpulpo, would a Letter Before Action work in this case? And Mikey, do you have an address or will you be emailing?

[honeybee13]

Looking at the HMCS website, there is a link through to file a claim online. That way, the court will write to this errr, person. You will have to pay a court fee, unless you meet the criteria for not paying, also on the website.

 

The court sends all the paperwork and a response form. This does mean you need an address for him.

 

If you haven't already, the website is well worth a look.

[elpulpo]

You need to work on finding his address or registered office. Or, failing that, even if you know where he hangs out, pubs etc? You can serve a letter in person if you take a witness. (Tends to be very effective, people don't like getting debt letters served to them in front of their friends;))

[honeybee13]

Nice idea, Elpulpo. It would be great to be a fly on the wall if that happens.

[mikey2010]

haha....

 

Went to CAB and they advised using 192 people search to gain an address for him. I do have details of where he works so if needs be can give him the letter in person if I do not gain an address from him.

 

With regards to his intial email, I can now see clearly that he has gone on the defensive and is trying to throw me off the trail.

 

I think my next step is going to be to get an address for him or failing that deliver a letter of intent to him in person.

 

So far he has not acknowledged that I worked for him, nor has he denied it. He only disputes owing me money. I have been trying to think of legal ways to get him to do so, maybe through clever wording in the letter I am going to send him.

 

Thanks guys, this has been sooooo helpful so far!

[elpulpo]

Any way you could get a phone number for this guy?

[elpulpo]

What does everyone think of this one? Arguably harassment?

 

How about sending a message to everyone of his friends on Facebook (does he have any friends?), explaining that he owes you money and asking if they could provide a phone number or address for this pillock?

 

Embarassment is usually a strong tactic against people like this.

Might be a step too far though?

[honeybee13]

Elpulpo, I admire your tenacity, or should that be pugnacity? I'm not on Facebook, but they must have rules just like CAG do.

 

Mikey, before you go in all guns blazing, with Elpulpo at your side , I would check what the rules are. This guy seems to lash out when provoked, so he might start screaming about libel. But if you can't find a rule against it, I would do it, great suggestion.

 

Have you trawled through his Facebook entries to see if he's let anything slip about where he is? Also, you could try googling his name to see if anyone else has had problems with him. Just a long shot, the last one.

[mikey2010]

Have so far spent hours trying to track this guy down... I found out where he works through facebook but no more info than that available Im afraid. I found an address on 192.com but it turned out to be his old property so no luck there.... think im going to contact the college he now works at and see if they can give me an address to send him any correspondance. At least I can then send him physical letters rather than emails each time.... Would love to humiliate him into paying but from the looks of things he would probably use it all against me if he were to find out. Im sure with all this advise which I am so grateful for I should get my money out of him, especially if I also have a witness statement....

 

Cheers again guys

[elpulpo]

He can scream libel all he wants, there's nothing he could do.

It might be a bit OTT, thinking about it. I tend to be of the opinion that all's fair in love, war and debt collection. Then again, I don't have to worry about what someone's likely to do to me, unless they've got a gun.

[elpulpo]

Write to him care of the college, or go in, ask to speak to him.

[honeybee13]

Mikey, maybe the HMCS website has tips on what to do. I don't know if you can use a work address. Of course, you could mark it Private and Confidential and ask them to forward it to him at home, on the outside of the envelope.

 

Elpulpo, might that work?

 

Also see if you could ring your local small claims court and see if they can suggest anything - they must have come across this before.

[elpulpo]

I don't think there's any protocol of respecting someone's privacy when they owe you money, I'd just be looking for any means possible of embarassing the guy into paying up.

AMEX always used to ring my work and have a chat with my boss, telling 'em to pass a message on that I hadn't made my minimum payment that month.

[electron99]

You MUST get his address as a matter of priority. If,as seems likely, this ends up in the small claims court, and you win, you would need an address to send the baliffs to.

 

Without an address you would just be wasting your time.

 

Try the electoral register for the area you think he lives in.

[honeybee13]

Good point, Electron, I hadn't thought of that one.