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Original poster

Please help. I've been conned by my builder. Lots of money paid up front. What should I do?

89 replies

Helpmeplease2019 · 11/01/2019 14:34

I've just heard today that my builder is a con-artist who isn't coming back to finish my half-built extension. We've paid him lots of money up front Sad. What can I do to try to get my money back? I can't afford legal advice. I don't have the money to finish the extension.

Please be gentle, I know I've made mistakes Sad

(name changed)

OP posts:
Original poster
Helpmeplease2019 · 12/01/2019 10:28

Thank you again everyone. I've spent the evening/night feeling/being sick either through the stress of this or a badly timed stomach bug. It all seems unreal. I'm still half-expecting him to call up/turn up on Monday to continue the work. He seemed so capable and genuine. I can't understand why he would do this to us. He knew we didn't have a lot of money for this and we've got little children Sad

OP posts:
Original poster
Helpmeplease2019 · 12/01/2019 10:29

listsandbudgets

Thank you so much for your digging.

I'm kicking myself that I didn't carry out more checks on him at the beginning. I think I might have looked at Companies House but just to see that the company was there and "active". Following a long stream of delays and issues we were just desperate to get the work going. I had huge concerns about paying the money up front but was reassured by the reviews on mybuilder saying that that's the way he works. I just crossed my fingers and hoped for the best.

I saw the article about the overcharging at some point but didn't think it was him because the age didn't tie up. I suppose at this point that would be a bit too strange of a coincidence for it not to be him.

It doesn't make sense to me about the company just having changed hands. Surely the buyer has taken on all the liabilities. Perhaps they've also been ripped off.

OP posts:
listsandbudgets · 12/01/2019 10:32

It's dreadful.

I will be back on my laptop this evening and will see what there is to see. He's not quite clever enough to have hidden his tracks and if I can track him down I will. The question is what has he done with the money? it does not just disappear

Interested in this thread?

Then you might like threads about this subject:

Home improvement
GloatyMcGloatface · 12/01/2019 10:37

There is a legal section on here, maybe someone there can help, if you post there as well.

How bloody awful OP. I hope you get somewhere Sad

Original poster
Helpmeplease2019 · 12/01/2019 10:42

Persona

He emailed a contract to us (in the company name) but no-one signed it. We do have a good trail of text messages and written receipts for the money paid. There are drawings prepared by someone else showing what he had agreed to build. These were emailed to him so hopefully the agreement could be shown. Emails showing agreed amount. The "when" aspect is a bit trickier because we didn't agree any sort of timeline.

Do you think we could claim against him personally? I guessed that would be the best option because the company won't have any assets. We paid £18k of the money was paid into his personal bank account (at his request). It would seem so wrong if he gets to keep our money and our only avenue is to sue the company. The other ripped off customer we spoke to said that some of the others were dealing with him personally and at least one of them is sueing him personally.

The work is completed to the point of the steels going in, so we have the floor slab for the extension and the exterior walls about 80% of the way up. That was about a week's work spread over two weeks. He said it would be a 4 week build. I suppose the only way to value where we're at is to get quotes to finish the job.

I don't know any of the suppliers that he used unfortunately. We were phoning round steel stockholders/fabricators yesterday desperately trying to find our steelwork. If it has been prepared our hope was that we could - in a worst case scenario - [re]buy it at some kind of reduced rate. We found one place that had dealt with him before but said they had no current orders.

Crucial question - how do I find out whether he has any assets? Surely I should pursue him even if he has nothing because £2 per week for the rest of his life is better than nothing? I've got no coverage for legal expenses though. Is it in any way realistic to think I could do the paperwork myself? I think the value means it is fast-track? Is it just a simple debt claim if it is a service paid for and not-completed? Would a construction lawyer be the person I would need for this? Any indication of what it might cost to appoint someone to deal with it? Would it save money to club together with the other victims?

OP posts:
keepingbees · 12/01/2019 10:47

Different situation but I've had legal problems with a car garage and learnt quite a lot. Some of this might have been suggested already but:

Contact your bank, I have seen stories of people being able to claw back their money.
Contact your home insurance to see if you have any legal cover.
Get a free initial appointment with a solicitor.
Contact citizens advice, they can also do another referral to trading standards.

Original poster
Helpmeplease2019 · 12/01/2019 10:47

listsandbudgets My thoughts exactly about the money. We paid him personally so he presumably has it stashed away somewhere rather than in the company bank account Angry Grateful for any tracking you can do. Any idea if the address I've given you is his home address?

FadedRed Gutted to say we don't have any legal expenses cover on our home insurance. I renewed in November and on reading the proposal saw that we wouldn't be covered for the construction contract because it was entered into before the period of insurance commencing so I didn't take it out.

Smotheroffive I will definitely be naming him at some point but reluctant to at the moment because I'm clinging to the vain hope he might still come back. Pathetic and ridiculous, I know.

KittyLane A wave back from Newbury! Can you recommend a local builder to finish the job?! I'm half-joking. No idea how we'll pay for it Sad. We've been discussing whether to go to the NWN but I'm a private person and really dread the thought of airing this in public.

You mention the similar case on mumsnet. Was that the garden house for the disabled child? I wondered how that ended, couldn't find the thread.

We'll contact the police on Monday.

OP posts:
Dongdingdong · 12/01/2019 10:53

I'm so sorry OP - what a nightmare Flowers

If he were a sole trader or partnership then you could claim against him personally, but I don't think you can when it's a limited company unfortunately.

I would definitely ring the police to get their advice at the very least - especially as listsandbudgets has uncovered that he has a previous criminal conviction.

Torsz · 12/01/2019 10:53

We're in pretty much exactly the same situation - our builder took 22k of the total 24k and did less than half the work then disappeared and we discovered he'd applied to dissolve the company and was trading under a new name. We've blocked the dissolution and gone through small claims for 10k (the max possible through small claims) and we've been granted a CCJ but it's against the company that he's no longer trading under so it doesn't actually affect him.
We've got to the point now where we don't know if it's worth chucking more money at it or accept our losses - currently pregnant and due may so having to pay someone else £20k to finish the job (as he did lots of it badly so they're having to try and resolve a lot of issues) which means remortgaging our house. I'm assuming he's taken all money out of the company which presumably means there's no way to recover what he owes.
From checking companies house we can see he has previously dissolved 2 companies and we found out yesterday that he has done the same to the structural engineers and skip company in the past so he's clearly a serial con artist.
It doesn't seem fair that people can repeatedly get away with this by setting up limited companies?!
Will be watching this thread with interest...

LaurelAndHardy · 12/01/2019 11:06

OP - wave from Newbury.

I’ve sent you a PM

Original poster
Helpmeplease2019 · 12/01/2019 13:48

Thanks all for your advice and stories.

I'm so sorry to hear you're in the same situation Torsz . It's just devastating. I can't understand how people can do this to each other. He has a young family like us. My husband just spoke to another one of his victims and she says he has a gambling addiction. Similar tale. Apparently he is ripping off suppliers and other tradesmen left right and centre too and there are issues with what work he does complete.

I didn't know you could do that with the small claims court - just claim for some of the debt - perhaps I should get in a claim ASAP against him. Did you get legal advice on the situation? Can I ask what they advised? Like you, I'm sat here debating whether we should spend any money trying to recover our money when there is presumably little chance of success. On the other hand, I can't possibly not sue him, I may as well have wrapped up the money and given it to him as a gift!

OP posts:
Torsz · 12/01/2019 13:55

@Helpmeplease2019 it's horrific isn't it - it just feels so unfair! We should be sat here in our finished house with no debt and instead we're halfway through the extension and panicking about getting it finished it time, at double the original cost!
We spoke to citizens advice and they told us to go through small claims, but it cost £410. That was added to what he owes us, which would be fine if he was paying up but it's just ended up with us even worse off so I'm not sure if it was worth it or not.
I've never felt this much hate for someone!!x

mummyhaschangedhername · 12/01/2019 14:32

It's so unfair, I guess your options are small claims court OR go public and take to the media, might help. Unfortunately there isn't much that can be done, it's such a dangerous position. So sorry OP

JustMarriedAndLovingIt · 12/01/2019 15:25

So sorry OP. I’ve been conned albeit on a much smaller scale by someone who kept setting up limited companies and dissolving them. I know this must be so tough for you and it’s so unfair, these people are bastards. However, they are caught sometimes as I am due in court later in the year to give evidence about the man who conned me. I hope that this is resolved way before it comes to that but if not, fight for justice 😀Flowers

listsandbudgets · 14/01/2019 08:58

Sorry I've taken a while to come back.

Yes I'm 99% sure that the address you gave me is their home address.

It seems that Mr. Builder suffered a misfortune recently but helpfully for you it confirms the address he gave you - will PM you

Original poster
Helpmeplease2019 · 14/01/2019 18:54

Thank you lists - yes that is definitely him. I imagine all is not as it appears around that story... Yes, our poor builder just got back from his holiday to MIAMI - taken with his wife and 4 children - and while he was away someone broke into his house and stole his 3 week old car. Sad I hope they enjoyed spending our money.

He has finally contacted us by Whatsapp to say he's so sorry, that it's all out of his control and to write to, yes WRITE TO a person who I think is his accountant and he hopes the new owners of his limited company can help us!!!

If anyone who is good at these things can investigate the name of person / organisation and address / phone number please pm me because my google searches on this person return few / odd results.

He is so sorry and yet not sorry enough to phone us and try to help in person/explain/tell us 6 weeks ago like some of his other victims.

He doesn't even have the decency to call us and explain in person what is going on, what position we are in, whether we have steelwork or other materials sat somewhere waiting for us.

He took over £20,000 from us into his personal bank account/cash right before winding his business up and now he's trying to hide behind his limited liability. That just can't be legal.

OP posts:
hidinginthenightgarden · 14/01/2019 19:24

It’s not legal at all. Have you contacted the police?

wowfudge · 14/01/2019 19:55

@Helpmeplease2019 feel free to pm me. I do company secretarial work and work with a lawyer. I used to work managing distressed assets so I've got of experience of trying to unravel this kind of thing.

DisrespectfulAdultFemale · 14/01/2019 20:05

OP, no advice but you have my sympathy. What a terrible situation! I hope the mess can be resolved quickly and at minimum expense and aggravation.

MonkeyfaceThereturn · 14/01/2019 20:05

Exactly same thing happened to me. Fucking bastard cost me £20k of damages to my existing structure, plus another £29k to finish his bodge job. Absolutely devestating but he just wandered off, started new company, and liquidated the old one.

He works in Swindon too now, as he's got a bad rep in Cheltenham. I can tell you to avoid builders called Adam 😂

DisrespectfulAdultFemale · 14/01/2019 20:05

wowfudge, you are a sweetie for offering to help.

Doobigetta · 14/01/2019 20:21

If he accepted payment intended for his limited company into his personal account, there might be something you could take to HMRC and get them to look at?

listsandbudgets · 14/01/2019 20:23

Are you trying to find the new owner of the Ltd company now? It looks as of he's resident in India.. which is very odd but not unheard of

Torsz · 14/01/2019 21:40

@wowfudge @listsandbudgets don't want to hijack the thread but would love your help too if you have any suggestions for what we should/could do next!x

wowfudge · 14/01/2019 21:44

Without knowing the guy's name and the name of his business, etc there's not a lot I can do!