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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

When to start small claims process? (Boring!)

11 replies

MammaPyjama · 08/01/2020 13:10

As briefly as I can: agreed some work with a roofer at the end of October. Paid him up front the cost of scaffolding hire (not for the actual work itself). Scaffolders repeatedly failed to show up, I was rarely told they were cancelling, had to chase him up about it and they were always going to show "tomorrow" or "the day after". He was moderately apologetic but I eventually got fed up and asked him to hire a different company (they were more expensive - he quoted me two right at the beginning and I said I'd rather pay more for the other company since the cheaper ones were proving unreliable. I transferred the difference in cost to him.) Second company also fail to show up three or four times. Some of these are reasonable: they can't put up scaffolding in the rain. But there were at least a couple of times they could have done it but just didn't show. Again, I was never told they weren't showing - I had to chase him.

I finally got sick of this mid-December. I said (very politely) that this obviously wasn't working out and I wanted my money back so I could find someone who had reliable suppliers. The roofer said fine, he'd get the scaffolders to refund him, then refund me. Nothing happened. Chased him up and didn't hear anything for two days. Continued chasing and getting increasingly snippy, until the roofer finally got in touch to say he'd been in hospital having a bowel resection. It's a very major operation. I'm somewhat sceptical, as I think this guy might just be taking the piss, but he has made reference since to "having a bag on" which is a fairly specific detail if he's bullshitting. Anyway. I've been chasing him for over three weeks, although obviously we've had Christmas and New Year, when I wouldn't really expect the scaffolders to be doing anything (if indeed they exist - I don't really trust this guy anymore...but I'm not sure). I've heard from him periodically, always "I've messaged the scaffolders" or "I'll sort it" - but he's getting less responsive and I still don't have my fucking money back!

So (told you it was boring!) what now? Do I start a small claims procedure now, keep chasing him a bit longer, or is there something else I should be doing?

OP posts:
jellybean85 · 08/01/2020 13:12

Solicitor here, you should send a letter before claim anyway before issuing so I would do that, it might be the nudge he needs to get his arse in gear. If you don't want to pay someone there are templates online and guidance

Thehop · 08/01/2020 13:12

Yes, do it. He’s hoping you’ll give up.

And if he was having surgery like that wouldn’t he have known in October?

CuriousaboutSamphire · 08/01/2020 13:15

It's a really simple process. I had to do it last year. As jellybean siad there are some really easy templates and advice online.

Go to it! Letter Before Action -->

MammaPyjama · 08/01/2020 13:22

So I need to send him a formal letter first? Saying what - just "give me my money or I'm starting small claims"? I'm not sure I have an address for him - we've done everything via phone/text/his Facebook business page.

Thehop I don't know that it was scheduled. I think it's possible for something acute to happen that would mean he needed it done as an emergency. In which case I would expect him to be in a bad way and not at the top of his game - but he might be just being useless....

OP posts:
CuriousaboutSamphire · 08/01/2020 13:26

Google Letter Before Action

You'll find online solicitors who will do it for very little money; lots of diffeent templates and explanations (the CAB one is awful, I think). Have a read, make your own and send it off to him via whatever communicatins avenue you have... you should be able to track him down via his facebook page etc - hoepfully!

Also have a look at how to make a claim

www.gov.uk/make-money-claim

MammaPyjama · 08/01/2020 13:28

I've had a glance over the process already. Sounds like everyone agrees I should just go ahead, that three weeks is enough chasing - regardless of Christmas/possible operation?

OP posts:
jellybean85 · 09/01/2020 07:59

Honestly I would just get cracking it's very unlikely for him to come through now. He would have known about the operation in advance and the whole thing just seems sketchy. What kind of business works solely through messages. Does he have a business website, should be able to get the letter for service there.

jellybean85 · 09/01/2020 08:00

Sorry meant address for service!

Ijustwanttoretire · 09/01/2020 08:03

Do you know either of the scaffolding companies he was planning on using? I would have contacted them and asked why they were being so tardy - and that way you may discover that he hadn't actually booked them. That would have been my first port of call.

MammaPyjama · 09/01/2020 11:20

He gave me the name of the first company, but I just asked him to cancel that one and go with the other one. I have twice offered to contact them directly, but he hasn't responded - which makes me think he's just shady!

I'm going to do my letter before action today - I've told him it's coming and not had any response. I'm quite glad I mostly dealt with him via text now, as it means that everything is in writing! So he doesn't have a leg to stand on. It's just a faff!

OP posts:
stouffer · 09/01/2020 11:28

There’s plenty of good advice above that there’s no need for me to repeat. All I’d say is that please don’t feel guilt tripped into giving this plonker any more time to sort himself out. Bag or not, he’s got your money and is messing you about. It would take him about 30 seconds and no physical effort to write you a check or transfer via BACS so the only explanation is that he’s working his ticket. The building trade is notorious for this type of behaviour which just messes it up for proper tradesmen.

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