Small claims?? Builder hasn't completed the work he was paid for

[GandTtwice]

I'm trying to find out if the small claims procedure is the right one to use or if there is another more appropriate way? Looking on the gov website small claims seems to be for traders where someone hasn't paid their bill whereas I want my money back because he hasn't done what he was paid for.

My builder/landscaper has not been on site for over 3 months leaving several things unfinished e.g. the shed has no doors and the roof is not felted or waterproofed and the paving is half done and not grouted. I have emailed him and asked for him to respond by last Friday with an update but heard nothing. The payments were in 3 installments and I just have the last (smallest) one not paid. He's also left various bits of equipment including a cement mixer in my garden which I don't know what to do with.

Any help would be appreciated.

Have you heard from him at all since he was last on site? Do you have details for anyone else working with him?

The fact he left a cement mixer… I wonder if he has had a serious accident

He started in November and worked up Christmas in and around the weather. He then came back in January after me chasing him and did some more work so I paid the second payment. I chased again and since then he came back for an hour and a half in March to put some soil in the raised bed. He's not been seen or heard from since.
I don't think it's an accident as he said he was having personal issues which was causing the delays. But my garden has been practically unusable since November. I have dogs and it's finally warm out so I want to use my garden

Oh, I totally feel for you! I just thought that cement mixer must be needed for his other work so maybe something bad had happened rather than uselessness!

You're right maybe I'm just annoyed. I will try emailing again and maybe post on the local FB page before I take any legal action just to be sure nothing bad has happened

Citizens advice is very good for this - they helped me a lot with a similar issue. They have a helpline and there's loads of advice on their website about what you need to say to him in writing. They can also refer him to trading standards.

Possibly his business has failed and he has done a disappearing act. This happens a lot unfortunately, and leaving plant behind is not uncommon. Definitely speak to Citizens Advice re next steps. If he is a sole trader, rather than operating as a company you are more likely to be able to get something back, but it's not guaranteed.

Thank you I will try citizens advice once I've tried again to email him

If this goes to court, it would be a small claim. However, before going down that route you need to be sure that it is worth suing him, otherwise you will just be throwing good money after bad.

Did you pay by bank transfer?

Yes I did, will that change things? It was a business account

Did you raise a claim in the end? What was the outcome?