Text i sent to gardener

[AdoraDearheart]

Me and my brother are currently helping my dad he had a stroke last year. The house and garden need work my dad has basically left them to go to ruin we have all ways told him things need doing but he doesn’t until it’s absolutely necessary, doesn’t like dealing with things. We contacted a gardener that was doing work at my brothers job, gardener works for the council but does jobs on the side. This was the end of march he gave us a quote and we paid a deposit for materials over a thousand pounds. My brother texted and phoned him when we heard nothing he said sorry was busy at the moment. He then gave us a start date and came and cut the grass which was overgrown then left but didn’t come back to finish the job, hedge to be planted round the border, trees to be taken out and new gate. Should mention not a big garden. Brother text him and he gave a date he would come back but didn’t show up, he did this twice. After that nothing wouldn’t answer text. Finally texted back middle of august can’t talk busy now. Brother let him know his job times, works part time, so he could speak in person. Nothing, so today i used my brother phone to text said what going on, when are you coming to do job as we have been more than patient and if he doesn’t respond we will take legal action.
Now the aibu my brother said i went to far by saying we will take legal action i have probably pissed him off and made it worse. I disagree but now I don’t know he has made me doubt myself. I am with my dad during the dad taking care of him so see the garden all day so i end up thinking about it a lot and it is frustrating. Also we are having similar problems with a plumber who was supposed to fix the heating and do the bathroom. So i keep getting angry about the situation. Was raised with our mum who had mental problems, total narcissist, so spent childhood walking on eggshells and not standing up for ourselves. Which has gone into adulthood so either avoid these situations or don’t know how to handle situations like this. Don’t know if it was to far. Any advise would be helpful. Thanks

No you were not unreasonable at all. I think many people would have sent a similar text a long time ago!

A thousand pounds? Unless he's astroturfing I can't see what materials would cost that much? A text warning of legal action unless date in diary for work by whatever time would be fine imo

So he accepted payment for quoted work and hasn't fulfilled his part of the contract???
I don't feel you went too far. Start taking pictures of garden--timed and dated.
Take the prick to small claims court.

you were not at all unreasonable, you should've sent that long ago.

The gardener is taking the puss and I would have taken action months ago
How much is costing if the deposit was a K!!!!

YANBU! £1k is a lot for deposit for the work as well - are you sure his quote was reasonable in the first place otherwise you may be best cutting your losses!

If he works for the council there will be a clause in his contract that says he can't do any outside work without written permission. Just threaten to write to his employers.

Given that he has effectively stolen £1000 from you I might write to the council anyway.

Sorry to say this as it’s too late now, but why on earth did you give him a thousand pounds before he’d even lifted a finger? That was obviously a green light to him to take the money and run, nobody needs that amount up front.
You have definitely done the right thing by threatening him with legal action. Don’t just threaten him with it either, follow through.

I have someone who helps in the garden now and then. He charges £150 per day, plus materials. Sometimes I will buy what he needs, or will reimburse him. If it's big stuff we sometimes go together And I pay. He would never expect a deposit. I think you have done the right thing, in talking about legal action. But you do need to be prepared to follow through.

If the whole job was the cut the grass, take out trees, fix a gate and plant a hedge, what on earth are the £1000 of materials?!

I do hope that the gardener gave you a written quote and that you paid the deposit by some means such as drawing the money out of the bank at one time - or by cheque.

I suspect the problem may be that he has spent the money and now cannot buy what he needs ("£1000!"). If the quote and payment are covered by evidence [as above] then I am afraid that you have only one way out and that is a "letter before action" and later "small claims court". It's not difficult. The problem is that even if you win and he has no money then what do you do? "Attachment of earnings" is one way where the Council repays you over a period of time.

If - however - there is nothing in writing there is not much you can do legally. I am not suggesting "send the boys round". If he will formally acknowledge the debt then a scheme could be devised that you again buy the materials and he works of the debt by his labour. You probably should take legal advice ...

@AdoraDearheart

Ask him for the money back or else you will take it further and inform the council, let him take a loan out if neccessary

When you said you were having similar problems with a plumber have you paid up front for this as well?
Please stop paying tradesmen upfront. Good tradesmen will have accounts at their suppliers and be used to collecting payment after. You really need to use people that you can find recommendations for. In a bigger job pay could be staggered like for the gardener pay his day rate at the end of each day but don't pay these big lumps up front.

Definitely contact his employer he has broken employer protocol

I'd ask for the money back. Say that you are out of time and need to get it done now so you want your money back. say "no hard feelings - he obviously hasn't got the time to deal with your job so cancel and you'll get someone else". You have a right to that since he has not fulfilled the contract.

Then letter before action and court claim. Also his employers.

I never ever give money until the job is done. I go with them and buy materials and store said materials at my house. Otherwise as you have found they just take the piss.

Did he give you a receipt or do you have any evidence you have paid him? 6 months later I think you have been ripped off. He isn't going to do the work. He has spent the money. Your brother probably knows that and is embarrassed because he thought they had mutual respect. Go to small claims if you have any evidence.

He’s done a runner with your money. Sorry.
You need an address for trading standards to write to him in order to take him to court. You also need proof you paid. I’m presuming you have neither and he knows it.

I don’t think your threats will have any effect. He’s conned you. You could start turning up at his work and embarrassing him in front of his mates and boss. Being nicely nice “yes I’ve paid jimmy to do some work and I was just wondering when it would be as he’s stopped answering my calls” type of thing. I don’t know what else you can do. He’s got you over a barrel.

Can you get evidence from others who he’s done work for. I don’t know what other proof you could have? CCTV footage of you giving him cash would be ideal but you won’t have that. And I don’t even know if it’s admissible in court tbh.

If being nice fails you can try the police. I don’t know what they will be able to do if he denies all knowledge though, sorry.

He sourced the materials and came back with that amount so he could buy the hedge, wire fence and gate. I realise i should have done something earlier never had to deal with a tradesmen before and had a lot to deal with i suffer from depression and a bout of insomnia. I found my dad when he had the stroke i heard him breathing funny went in and found him half out the bed and struggled to sleep at night when he got home which wasn’t help when a month after i heard him breathing funny again as i was unable to sleep. Thankfully it was a hypo he has diabetes. The plumber was supposed to start but on the start day came around they had been burgled and all their vans and stock had been taken, so had to wait for insurance to pay out was supposed to get boiler, radiators, new bathroom and accessibility items for dad. We did get everything delivered except the boiler eventually. But now the guy, who is the manager, is not in work full time as his dad is ill.

Brother paid by card so have the bank statement with details and have text messages where it’s clear we have paid and he acknowledges that.

So sorry this has happened to you at such a stressful time. I would send one more message saying he needs to give you the full amount back within a week or you will report him to his employer, HMRC (for doing cash in hand work, tax avoidance) and Trading Standards. He is taking you for a ride but ultimately you could destroy his current life if you felt like it. He could easily lose his job and be investigated by HMRC and Trading Standards. Tell him you have Nanny-cam recording if you have no other proof!

You have proof then! Tell him you're going to destroy him if he doesn't pay you back within a week.

And once you've reported him to everyone, then you will take him to the small claims court. You could even tell him you're a solicitor so you can do it all for free.

I agree with the others that you need to do a bit of a veiled threat. I would text and say something like "Dear John, I'm afraid we have waited over 7 months for you to do the work on the garden and we are disappointed as it's rather late in the year to enjoy it now!
Under the circumstances would you prefer to return our £1000, or should we contact your employer to see if they have someone else available to complete the work?"
He will probably crap himself and either turn up and do the work or give you your money back.