Gardener not turning up - Court Action?

**R0b** · 21st July 2020, 13:20:PM

Was the contractual arrangement made in writing or was this a verbal arrangement? If the former, can you provide us with a copy of the agreed terms.

Are you sure you only want to claim back the cost of some of the equipment and materials? if the gardener is in breach of contract, you could claim the remaining cost it would take as if the gardener has performed his end of the bargain.

**mr_c** · 21st July 2020, 13:25:PM

Originally posted by R0b View Post

Was the contractual arrangement made in writing or was this a verbal arrangement? If the former, can you provide us with a copy of the agreed terms.

Are you sure you only want to claim back the cost of some of the equipment and materials? if the gardener is in breach of contract, you could claim the remaining cost it would take as if the gardener has performed his end of the bargain.

So there was no formal contract, but I have copies of messages in which labour costs and the work to be done are confirmed.
I didn't realise I could claim the remaining costs back too, I would like to claim whatever I am able to.

Thanks

**mr_c** · 21st July 2020, 15:55:PM

If someone could please advise on next steps to resolve this it would be appreciated
thanks

**R0b** · 21st July 2020, 20:35:PM

The starting position for breach of contract is that damages are awarded to put you in the position had the contract been performed. So if the work hasn't been done then you can seek compensation for the cost of getting the other 50% done. If the materials are still usable then I'm not sure you would be able to recover the costs since they could be used presumably for the rest of the work needed to be done.

Your starting point is to send a letter before action to the gardener and setting out your position, the contract and key terms, how he breached the contract and what you are seeking to resolve the dispute. It's not clear whether you contracted with the gardener personally or if he has a company and you contracted with that company. You also need to be mindful that there is no guarantee that you will be able to recover the money even if you are successful.

**mr_c** · 21st July 2020, 20:53:PM

Thanks R0b
would you be able to help me with the letter please?
I can clarify any information you need.

I contacted the gardener personally, he is not part of a larger company.

This has been dragging on for a month now so I just need to get this matter resolved as soon as possible.

Thanks

**R0b** · 21st July 2020, 21:11:PM

Do you have his address information or a business card that has that information as you'll need a valid address when you issue a claim. You'll need to do some of the legwork yourself as I won't do this for you but I'm happy to provide feedback if you give us a draft version of your letter.

I would recommend you read through the Citizens Advice link below that will give you an overview of what is needed in a letter before action. The second link serves as a useful guide for bringing claims as a litigant in person i.e. someone who is unrepresented.

I've also included some links to example templates for a letter before action, but please be mindful that they are just templates and you need to tailor your situation rather than simply filling in a couple of gaps.

Citizens Advice - Making a small claim
A Guide to Bringing and Defending a Small Claim
Template LBA Builder Dispute
Template LBA

**mr_c** · 22nd July 2020, 09:17:AM

Originally posted by R0b View Post

Do you have his address information or a business card that has that information as you'll need a valid address when you issue a claim. You'll need to do some of the legwork yourself as I won't do this for you but I'm happy to provide feedback if you give us a draft version of your letter.

I would recommend you read through the Citizens Advice link below that will give you an overview of what is needed in a letter before action. The second link serves as a useful guide for bringing claims as a litigant in person i.e. someone who is unrepresented.

I've also included some links to example templates for a letter before action, but please be mindful that they are just templates and you need to tailor your situation rather than simply filling in a couple of gaps.

Citizens Advice - Making a small claim
A Guide to Bringing and Defending a Small Claim
Template LBA Builder Dispute
Template LBA

so I chased him again this morning, and today's excuse is that he had an accident in his van and is waiting for insurance to get a new van which will take a few weeks... do not believe that at all.
shall I reply to him saying what I want or go straight to the letter before action?

Essentially, he has been paid £550 out of £1200 labour costs. That is 45%. He has not done 45% of the work.... I would say he has done 25-30%.
I sent him £120 to hire equipment.... this equipment has never turned up.
I sent him £50 to get concrete …. he bought the wrong type... said he was going to return it and get the correct type... I don't have the correct concrete or the £50 refund.

**R0b** · 22nd July 2020, 09:46:AM

Well before you fire off a letter before action, you will need to assess your losses if you are claiming the cost of the remaining work to be completed. It would be sensible to get 3 quotes from different companies based on their assessment of:

(i) what percentage of work has been completed by the gardener; and
(ii) how much is it going to cost to finish the work by providing a quote or estimate and preferably an itemised list of costs; and
(iii) if applicable, is there a contingency amount i.e. 10% of quote for any unexpected issues.

Once obtained those quotes/estimates, you can work out the compensation you can formulate your letter before action which, if drafted sufficiently, should form the basis of your claim when you come to writing that.

It's entirely up to you how you go about it but you do need to give the gardener sufficient information to understand the case against him.

Gardener not turning up - Court Action?