What should I do? Please help

[mumofjakub]

My brother was staying in my house for the last year. We were abroad. We gave him a cheaper rent and he supposed to help us with some house fixing later on in return. We decided to stay abroad another year and he said he wants to move out, which was ok with us but ment we had to rent through an agency. There were a few small joinery jobs needing to be done before the rent and he said he has a friend who could do this. I said ok, ask the friend over but please don't let him do this as a favour, ask him how much he wants for his work and ask him for an invoice so we could pay him. He gave the guy 160 pounds for wood ect and.... the guy does not return his phonecalls. He gave the guy the money without a receipt knowing he drinks a lot and sometimes doesn't return home for a few days.

My brother wants me to give him the money back. I feel this is his mistake to give someone that much money without a receipt, but I don't want to be unfair. Also we earn very little compare to the UK and can't really aford to loose that much money. What should I do?

And is there any way I can ask police to help me get the money back?

[theressomethingaboutmarie]

Your brother is the one that messed up here; you have no obligation to pay your brother the money that he lost. I don't think that the police will be able to help as there is no evidence of a transaction. Tough luck on your brother I'm afraid, you defined the parameters of this guy doing the work and your brother chose to igore those parameters.

[Spandex]

You helped your brother out by letting him stay in your house. That's enough, surely?

He's made a bit of a pig's ear with the money. It's his problem. Wonder if he'd be so casual if it were his money? Well, it is his now money now. Perhaps he'll go and get it back once he realises it's him that's lost out?

[cluelessnchaos]

I see the point if it was a stranger or an unknown tenant that had done this but family ties are really complicated, could you live with saying this is your mistake deal with it? I think I would give half the money saying its unfortunate and we both take some of the resposibilty. And I would definately report the guy to the police/trading standards and try and get both yours and your brothers money back.

[Spandex]

Actually, for the sake of family relations, cluless is probably right. Could you bear to stump up half the missing cash?

And then in future you and your brother could look back and giggle about what a chump he was?

At least you'd still be friends and you'd also know never to leave him in a position of responsibility again too so it wouldn't happen again.

[MsHighwater]

Em, has the work been done?

If it has, then going halfers with your brother might be the way to go.

If not, though, then presumably you still have to get it done - and pay for it. If this is the case, I'd say arrange for someone reputable to do the work and bill you but don't give your brother any money.

[MerlinsBeard]

i thought your brother was supposed to do the work anyway?

[compo]

yes I would go halves
at the end of the day it's your family and you probably don't want a big family ruck over £80

[mumofjakub]

The work hasn't been done. My brother supposed to do the work, but he was busy with his work and Uni and we said, that we will pay for someone to come and fix it instead. So yes I still have to pay for the work to be done. Good idea about reporting the guy to the trading standards. I think I will ask my DH to call the joiner today and tell him he is going with it to the police and the trading standards, that might change his mind about giving the money back... I hope. Can't really afford loosing 80 pounds either

[LazyLineLegilimens]

The thing is though, regardless of the whole rent thing, you told your brother that you would pay this man and that he should not do it for free. Your brother paid him on the understanding that you would be refunding him the money.

It is for a repair on your house. You should pay.

[MsHighwater]

Her brother also paid him on the understanding that he would do the work and he hasn't!

I still think that if you still have to arrange and pay for the work to be done, your brother has a bit of a cheek, after ignoring your instructions about getting an invoice, to ask for money from you because HIS friend has ripped him off.

[mumofjakub]

I've contacted the traiding standards and they adviced to write a letter to the joiner. This is what we said:
In July of this year I gave you 160 pounds for materials with the understanding that you would undertake some joinery work at the residence of ***. You have, since that time, avoided starting the work and not replied to phone calls and text messages that I have sent. You agreed to return the 160 pounds, after not starting the work, and have yet to do so. It is with regret that I inform you I will be reporting you to the UK trading standards, as well as the police, because of your refusal to a) do any work and b) continue to withhold the 160 pounds. I do hope that it does not come to this action and that you will return the 160 pounds as promised.
I?ve already contacted the trading standards to ask advice, and instigate a complaint procedure, and they have given me a reference number so that I don?t have to start all over again. If you have not returned the money by the 30th of August 2007, I will carry out the aforementioned action.

Sincerely,

[paulaplumpbottom]

You shouldn't have to pay your brother this money. Its his mistake not yours