Reclaiming deposit from sole trader for work not done

[LilyP]

Hello - I am new to the forum and looking for your thoughts on how to approach reclaiming money paid to a tradesman towards materials prior to a small job. Back in January I accepted a verbal quote on supplying and fitting a new back door and making a small adjustment to a sticking front door. The joiner requested a deposit of £130 which I paid on the understanding that he could complete the work quickly. He then made a series of appointments to do the job - all of which he failed to keep. He did manage to carry out a quick fix to the front door but that's all.

After around 2 months of chasing he agreed (by email - which I still have) to refund £100 of the deposit, keeping £30 for the fix to the front door. The money has not been refunded and I have now been chasing that for around 3 months. He does not now respond to email or text messages and is impossible to contact by phone (no answer facility). It's a small amount of money but I am very reluctant to simply write it off - not least because of the principle. I have emails to prove my case (he replied in the early stages). Would I be best using MCOL - applying direct to a local court or is there an alternative? I've heard quite a few negative things about MCOL. Obviously for such a small sum cost is a significant consideration. Guess that I should also report him to Trading Standards. He is a sole trader operating from a business address.

I have now written to him stating that if I do not receive the money within 14 days I will have no alternative but to put things on a legal footing. Any advice would be very much appreciated.


With thanks, Lily

[des8]

Re: Reclaiming deposit from sole trader for work not done

Hi and welcome

IMO it depends on whether he is proper "tradesman" or an odd job man.

If he is the latter you might decide it is not worth all the hassle of lodging a claim and possibly going to court if he hasn't got two na'pennies to rub together.
You could pay listing and hearing fees, win and find you are going to be paid at the rate of £1 pm for the next 10 years.
I would check him out as much as possible first.

[LilyP]

Re: Reclaiming deposit from sole trader for work not done

Hi - many thanks for your advice. He does have a business address (business unit) from which he's still operating - checked with the company next door. Was thinking that a detailed letter pointing out that I have everything in writing would jolt him into action but he just seems determined to ignore everything. One warning sign - when googling him get "formerly trading as ...", however, nothing other than that - no gaggles of angry customers. Might have to write it off to experience - just don't feel that chancers like this should be allowed to operate. Is there any mileage in Trading Standards or don't they have any power to intervene?

[des8]

Re: Reclaiming deposit from sole trader for work not done

Certainly write and warn him that you are contemplating court action.
Report him to TS (it won't hurt and increases the pressure on him)
Just be careful you don't throw good money after bad.
To file your claim on MCOL will cost £25. If it goes to a hearing there will then be a further £25 to pay.

[LilyP]

Re: Reclaiming deposit from sole trader for work not done

Yes, I'll do that - appreciate your help.
Lily

[Ripped-Off]

Re: Reclaiming deposit from sole trader for work not done

I think it is worth the extra cash to get your cash back. He won't let it go to a hearing once he gets the Claim Form. Only trouble is it'll be £100+costs and you need proof that you actually paid him the money, otherwise it's your word against his.

Write him a nice letter quoting s14(1) of the Supply of Goods and Services Act 1982 (as amended ) and/or s52(2) and s54(5) of the Consumer Rights Act 2015. As well as TS (suggested by Des8) advise him that you also propose to report him to HMRC for unpaid tax on the money that you paid to him for services that he has not supplied.

Did he also charge VAT by the way?

[LilyP]

Re: Reclaiming deposit from sole trader for work not done

Hi - I actually only paid the deposit towards materials. Payment was by electronic transfer into his acct so proof shouldn't be an issue and I have his email saying that he will refund me, so it should be fairly straightforward (fingers crossed).