Builder won't return key!

[AnnaBegins]

So we gave our builder written confirmation that we would be ending our agreement for work to be done (hadn't turned up for a week despite promising to, lied about being ill to work on another job, damaged bathroom suite, various bits of rudeness etc) and asked him to return our key.

He has now blocked my husband's number on his phone, won't answer to mine, hasn't returned the key.

I rang 101 for advice, they said it's a civil matter (which I expected).

We will probably just change the lock.

However, we have loads of his tools here. I'm inclined to put them in the car, take them to his house and ask to swap for the key.

But would this be "harrassment" or anything like that? I don't want to get into any trouble for trying to return his tools!

So, is the taking them to his house to swap an option? If not, can we sell/donate them? Throw them away?

I really don't want to keep tripping over his tools! (And I want my key back.)

[Pimpf]

Change your locks. Today

[Pimpf]

And send him the bill

[tiredoutgran]

I would write to him, tell him that you have had to change the locks on your property because of his failure to return the key as requested. Point out how much the damage he has caused will cost to repair and that you wish him to pay for the damage to be put right and for the cost of changing the locks. Tell him that he can make an appointment with you to arrange to collect his tools payment has been made and put them somewhere safe so that he can collect them when he has settled up with you. Do not sell or dispose of them, they are not yours to do that with.

[FourForksAche]

do what pimpf says, then wrjte to him to tell him he has X days to arrange a mutually convenient time and place to collect kit or you will dispose of it. also mention you've changed locks.

[Collaborate]

You can't simply dispose of his things, or you risk being accused of theft.

Look at s12 of the Torts (interference With Goods) Act 1977 www.legislation.gov.uk/ukpga/1977/32

[itiswhatitiswhatitis]

I would change the locks and then be unavailable to collect his tools

[FunkyBoldRibena]

I would change the locks and block his number so that when he realises you have changed the locks he can't contact you. Then don't return the tools until he has paid for the lock replacement. What a knob - the tools are worth more than the cost of a replacement lock!

[AnnaBegins]

Hi everyone, thanks, I called again and text with notice, and he is meant to be meeting us tomorrow... we'll see if he turns up!

If not, we will change the locks, probably won't bother sending him the bill as tbh he's damaged around £400 worth of stuff in the bathroom and made silly errors (hot and cold the wrong way round anyone?!) that are currently costing DH in time today fixing them, and we don't expect he'll pay for any of that.

Silly really, getting a builder in was meant to free up our time (as DH is perfectly capable but runs his own business so time-poor) and has ended up with us doing it ourselves!

[dancemom]

You should still change the locks, even if he returns the key he could still have made a copy.

[BrianTheMole]

I would do what tiredgran says.

[TwoAndTwoEqualsChaos]

I think you could pursue him in the Small Claims Courts for the amount of money involved. Court fees and a set rate of interest can/will be added if you win.

[FourForksAche]

collaborate, you can if you've given written notice first, see unsolicited goods.

[prh47bridge]

FourForksAche - The builder's tools are not unsolicited goods. The builder has not sent these tools to the OP with the intention that the OP should buy them so the Consumer Protection (Distance Selling) Regulations do not apply. Collaborate (who is a solicitor) has linked to the correct legislation for this situation.

[FourForksAche]

www.adviceguide.org.uk/nireland/consumer_ni/consumer_common_problems_with_products_e/consumer_lost_found_and_uncollected_goods_e/a_trader_has_left_goods_with_you.htm

consumer advice basically saying treat as unsolicited goods. it's for Ireland, but pretty much the same here when I had to deal with a similar situation myself.

[FourForksAche]

Anna, here's a link explaining the 2 letters you need to send to the builder if they haven't collected their gear. Hope it goes ok.

www.adviceguide.org.uk/nireland/consumer_ni/consumer_common_problems_with_products_e/consumer_lost_found_and_uncollected_goods_e/how_to_dispose_of_left_behind_goods.htm

[prh47bridge]

The advice in the second link is, of course, pretty much identical to the requirements of the legislation to which Collaborate linked. As Collaborate says, the OP cannot simply dispose of the goods. There is a procedure that must be followed.

[FourForksAche]

prh, I refer you to my earlier post, *then write to him to tell him he has X days to arrange a mutually convenient time and place to collect kit or you will dispose of it"

that is step 1 of a legal disposal of goods process.

nowhere did I say op could simply dispose of the items. RTFT

[Collaborate]

ForForksAche - Your post actually does say that it's as simple as telling the builder then disposing of the goods.

OP - look in particular at Schedule 1 of the Act (via the link i posted) which sets out the very particular process that you have to go through. You can't take any shortcuts.

[FourForksAche]

collaborate, whilst my first post doesn't go into every step (it was a quick response the op could have followed up if interested), it definitely does not say simply dispose of the goods.