Landscaper walked off job. Am I obliged to take a partial refund for small amount of work already completed?

[Cardiff Devil]

Hi all.

 

Taking a break from the motoring forum to sort out a new issue.

 

Moved into a new build property last year and in the spring started looking around for a landscaper to sort out the back garden.  Basically I wanted the patio to be extended, the ground levelled off and artificial grass to be put down.  

 

Found a landscaper who came recommended by the person who had moved in 4 doors up who came and gave me a quote for the work (£3,000 incl materials and labour) and an estimated completion time of 2 weeks, which I accepted.  

 

The work was started, he brought up a mini digger to level the ground off, and for the following two days they were placing rocks down (presumably to create a solid foundation for the artificial grass).  

 

Landscaper then asked for £2,000 to cover the cost of the materials.  He asked for the payment in cash initially which I declined and insisted on a bank transfer instead so there was an electronic record of it. (I now realise that this wasn't a great option either).  This was paid on the 11th June.

 

Since paying the £2,000, no more work has been completed.  Communication with the builder has become very sporadic and there's usually some excuse like a family emergency, labourers letting him down etc.  Several times he'd message me to say "we'll be back on Monday next week to finish off" but nobody has turned up and it's taken several messages from me to get an answer.

 

He's eventually gotten in touch a few weeks later last Wednesday (21st July) saying how sorry he is etc, and that he's bringing a builder up to look at the site that day, and that if he can't complete it he'll give me the £2,000 back.

 

Obviously he didn't arrive, so I sent him a message asking for the return of the £2,000.  Now he's gotten back in touch, saying "well you've had a grand's worth of work done, so I'll give you back £1,000".  My answer was that I don't think it's £1,000 worth of work, and even if it was, I'd say that 5 weeks of no-shows and broken promises was a fair trade.  

 

He's now countered with an offer of £1,500, but I'm reluctant to take it, especially since he already offered a full refund in his message last week.  Worth mentioning at this point that all communications have been via WhatsApp, so I have a written record of everything that has been said.

 

I'm reluctant to name the builder at this stage, but is there anything else I can do short of going down the small claims court route?

 

Thanks

CD

 

 

 

 

[Cardiff Devil]

Cheers BF.  I'm just a bit concerned that if I accept the £1,500 he'll see that as the matter settled.  I haven't been able to arrange for anyone to come up and give me a quote to complete the work yet but even I can see it's going to need to be started from scratch again because since it's been left for so long, there's grass and weeds coming up through the rocks that have been laid down.  

 

Also good point thanks Labrat.  I believe once Whatsapp messages are read by the recipient they can't be deleted for all parties but I've screenshotted everything anyway as a precaution.

[Cardiff Devil]

Just a quick update, after a bit more back and forth with the builder in question, he's agreed to pay me back the full £2,000 I've paid out.  He's due to give me £1,000 tomorrow and the other £1,000 next week.  Whether he actually does or not remains to be seen.

 

Thanks for your help with this

 

Cheers

CD