Builder ignoring my calls after paying £1500

[blue_eyes777]

Hi all

 

Our windows need replacing with double glazing and our builder who has done a lot fo work for us quoted £4500 and asked for £1500 up front to buy the windows. The works quoted for were for a new carpet and a set of windows.

 

The builder promised faithfully that the windows would be made ready for the 9th of May. When that date came, he said that they weren't ready. This was his reason/excuse for not starting everyday up to Friday 20th May when he said they would definitely be ready for Monday/Tuesday and he would update us.

 

We left numerous messages for him yesterday and nothing.

 

We are considering a LBO with a draft N1 as we know he has just started a loft conversion and will be taking on another one withing days so he probably won't be able to do our job anyway and he is now dodging us.

 

What shall I put on the N1 - is it a claim for breach of contract as he hasn't started when promised? For the £1500 paid out. We have a receipt for the bank transfer and the original quotation but no contract in writing - though surely the quotation and our proof of payment with the payment reference should be enough evidence?

 

Thanks in advance.

[Old Cogger]

Initially send letter letter before claim giving 7 days to respond - send Recorded Delivery, if no response Then fill in N1 with basic details i.e. on such and such date a deposit of £xxxx paid for new windows and items etc, failure to supply/fit goods as per contract etc

 

Sure Andy will help you here, N1 would go to the courts not from you to them if it went that far??

[BankFodder]

This sounds extremely dodgy to me.

 

Do you know where he's meant to be carry out these loft conversions?

 

It certainly sounds reasonable to go ahead and issue a court claim – however, these things do take time, although the actual issuing of the claim is very quick.

 

Your main problem may be enforcing the judgement. Have you any idea where he lives? What is the address to which you would issue the claim? Does the address belong to him – meaning does he have any assets. In a situation such as you have explained here, it is fairly straightforward to obtain a judgement but enforcing the judgement could be a different matter. If you are unable to find him with it turns out that he doesn't own any property or at least if you can't find out the address of the property which he owns, then you might end up with a judgement in your hands and no way of getting your money.

 

The pre-action protocol normally requires that you give at least 14 days notice before the commencement of the claim. However, in the situation you describe here it seems to me that you could be forgiven for issuing it more quickly. I would suggest that you send an LBA giving him seven days. However, I don't think I would be issuing a claim unless I knew whether or not I could enforce it. Otherwise, you will incur the costs of bringing court claim and not have anything to show for it.

 

I have to say that it sounds so dodgy that I would think about calling the police. I think that if you told the police that you have been persuaded to pay and £1500 and that man has then disappeared, that the police might take an interest.

[martin2006]

So this a builder you have used in the past with no problems?

 

I would assume he has always done a good job when you have employed him in the past? Otherwise you would unlikely have asked him to replace your windows!

 

On those assumptions i would not dive in with letters threatening legal action just yet.

From your post it reads that you have been unable to contact him for 1 day only, he may just have been very busy that day and forgot to call you back, what i would say is a busy builder is usually a good builder.

 

If you cannot contact him after a week if unanswered calls then yes, send an LBA but from what i can see from your post its only been a day that he hasnt come back to you

[blue_eyes777]

Thanks - all good advice!

He has just sent a message saying he will try and install next week!

 

I will update you soon.

 

Thanks again!

[martin2006]

He is no doubt very busy and as frustrating for you as this is, i would always prefer to wait a little longer and know a good job will be done rather than have it rushed and possibly go wrong.

[blue_eyes777]

yes - it was actually 5 days that he didn't get back to us - so we will wait to see if he keeps his word. Thanks again.

[unclebulgaria67]

yes - it was actually 5 days that he didn't get back to us - so we will wait to see if he keeps his word. Thanks again.

 

I seem to remember paying a deposit for window/doors and waiting until they were made ready for installation. This was with a local company. They assemble them, but the UPVC frames came from Germany and the glass from Pilkingtons. I don't think these double glazing companies keep loads of stock, as they don't want money invested in stock waiting around.

 

So it might not be your builder, but the company he has ordered the windows from, that have had a delay.

[blue_eyes777]

UPDATE:

 

He confirmed the windows were ready 10 days ago and promised faithfully to install them and start by today at the latest.

 

He didn't turn up today and has ignored all my calls and messages so have today sent him a formal email requesting the return of the money or an undertaking to tell us in writing when he intends to start work. I attached the proof of payment and his invoice/receipt to the email.

[king12345]

If he's a good builder he's probably very busy.

I just don't understand why he wouldn't return your calls.

Probably he feels guilty for the delay that it's most likely due to the pvc company

[martin2006]

you could now send a letter before action and to add a little weight maybe as you suggested yourself, a drafted N1.

[blue_eyes777]

Thanks.

Sadly I might need to do this as yesterday at 10 pm he sent me several rude whatapp voice messages saying that I obviously don't trust him and he was intending to do the work today and now he won't.

 

We do know him well and he did 100k of work for us last year so feel he is being very unhelpful.

[unclebulgaria67]

Thanks.

Sadly I might need to do this as yesterday at 10 pm he sent me several rude whatapp voice messages saying that I obviously don't trust him and he was intending to do the work today and now he won't.

 

We do know him well and he did 100k of work for us last year so feel he is being very unhelpful.

 

There is a local builder who is well known and has built up a group of friendly customers, that use him whenever they have work needing doing or for their latest project. The problem is that they all want ' mates rates' and work done on a weekend or other day that is convenient to them. As a result, he is constantly pestered by people and put in a very difficult position when he cannot do work on a given day or simply does not have the time available, but feels awkward in turning down work.

 

Have you thought that this builder might have agreed work for various people he just does not have hours in a diary to complete. He has therefore ended up in a muddle, with him getting into arguments with various people. You might not be the only customer of his in this position.

 

Perhaps the best solution is to be friendly and seeing if you can get back on amicable terms. If you start threatening court action, it might just make matters worse and if word gets around about this, other contractors might be reluctant to do work for you. In some areas there is a shortage of trusted building contractors.

[king12345]

There is a local builder who is well known and has built up a group of friendly customers, that use him whenever they have work needing doing or for their latest project. The problem is that they all want ' mates rates' and work done on a weekend or other day that is convenient to them. As a result, he is constantly pestered by people and put in a very difficult position when he cannot do work on a given day or simply does not have the time available, but feels awkward in turning down work.

 

Have you thought that this builder might have agreed work for various people he just does not have hours in a diary to complete. He has therefore ended up in a muddle, with him getting into arguments with various people. You might not be the only customer of his in this position.

 

Perhaps the best solution is to be friendly and seeing if you can get back on amicable terms. If you start threatening court action, it might just make matters worse and if word gets around about this, other contractors might be reluctant to do work for you. In some areas there is a shortage of trusted building contractors.

 

Agree 100%