Workman not returning keys, where do we stand?

[wonderstuff99]

We had a tradesman start working on a house in mid-December, and its been a major ballache since he started. He was meant to me supplying and fitting doors and windows..he ordered the wrong interior doors, measured the exterior door incorrectly, cocked up fitting the back doors, has taken lumps out of the brickwork...the list goes on.

My partner gave him a set of keys at the start of the fit, eg when he'd only made 1/2 mistakes and weren't aware of the monumental mess he was going to make of things. We then had Christmas, and we've not seen/heard from him since then. My partner has emailed/text/called to ask when he was going to come and fix the problems and had not response. So 2 days ago, he sent a long email terminating our contract with him, citing all the problems and asking for the keys back by today otherwise the locks will be changed and he would be being charged.

We've not heard anything and the keys haven't been dropped back. We'll be getting the locks changed this weekend. I've read various things about needing to contact the police as the fact that he's ignoring to return something that doesn't belong to him is theft but then others saying there's no point contacting the police. Where do we stand on this from this point forwards.

Thanks in advance.

If you're sueing for your money back and compensation then probably best to at least have a crime reference number for the theft of the keys? Call the police but don't expect anything done; just get a crime number.

(I've just assumed you're taking some kind of action to recoup your money)

Personally I would ring 101 for advice, they're best placed to tell you if it needs reporting officially or not

Yes, my partner has asked for a refund of the money he paid and will be taking him to a small claims court if not.

I'm on the phone to the police as we speak!

The police won't want to know. It's pure a civil matter.

They've said it's a theft and that, although they won't be pursuing it through a court, they have the suspects details, it is considered a crime.

@Collaborate

The shoddy work done to the house is a civil matter. The theft of keys is a criminal matter.

They don't actually take any action, but if she gets a crime number then it's extra evidence to use in the small claims, for the cost of changing locks and having keys cut.

@ChrisjenAvasarala Exactly. Thank you for actually reading and understanding my post and replies.

I still disagree with the police. The builder may well claim he is owed money, and is entitled to retain the key until he is paid. That makes it a civil matter.

Well, seeing as the actual police told OP that it is a crime, and have noted the details, I think we're safe to ignore your opinion.

Good luck getting some kind of refund! It's such a pain when workmen like that think they can get away with it.

@ChrisjenAvasarala Exactly, it's just the sheer arrogance of the fact that he's ignoring calls, messages, emails.

You do realise that Collaborate is a solicitor don't you?

And not every solicitor is right 100% of the time. I went through the exact same thing. Tradesmen kept keys to my house, as well as fob for the garage. He had been fitting windows and kept the keys to all of the windows without leaving me one, so I couldn't lock them. I popped into my local police station and they took it all down and gave me a reference number.

I had to go to small claims to get the money back, plus the cost of changing all the locks etc. It helped to have the reference number. Some forces may have told me to go away, but it my experience, they didn't.

A builder can't just decide to keep the keys to a house that isnt theirs because they haven't been paid, It is for them to pursue payment through the courts so the police are correct.

For it to be theft I think you'd have to prove an intention to permanently deprive the OP of the keys.

Well, seeing as the actual police told OP that it is a crime, and have noted the details, I think we're safe to ignore your opinion

Given that the police frequently get the law wrong, I would not ignore the opinion of a solicitor.

I have to agree with @prh47bridge.