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Help!! Builder has done a runner with my money

89 replies

CamdenTownie · 22/06/2019 14:19

Hey everyone,

Just after some advice really, we started a big project with a builder back at the end of February. We found him on my builder and he had good reviews etc met him a few times and had great discussions about our plans etc.

Anyway he started out ok with the footings etc we paid him 25% of the cost up front and had the ground works done, he asked for more money and we paid him, brick layers started and the work became very slow, we were both at work from very early until 7pm so didn't see anyone but could tell that not much was happening with regards to the work that was planned.

Basically he's had £110,000 from us ( that's not the whole amount we agreed at the start, but a huge chunk) and is now completely avoiding us and practically ghosting us, ignoring calls and messages, every time he's supposed to be here he has a family emergency or is away for a few days etc, he told us previously that he's paid for windows, internal and external doors roof lantern, roof tiles and all carpentry plus other stuff. The last few times he's asked for more money I've had to refuse and insist that he gets the current jobs completed first.

In the last month we've had about two half days of work done. He keeps promising that bricks are being delivered but they never show up.

He lives fairly local to us and I just can't understand why he would behave like this. I've since found out that he hasn't paid any of the tradesmen, brickies, groundwork's or carpenters, even though he's taken over £100000 from us. He gave break downs of where all the money was supposed to be going and I paid him by bank transfer.

He is registered at his home address as a limited company, and I'm terrified that this means that not only will I never get the building works completed but that I can't claim against him if he simply decides to fold the company.

At the moment we are living on a building site which is stressful enough, but the reason for the extension was because my husband has numerous health conditions and needs easy access accommodation with a wet room etc. I can't even let my dog out into the garden because it's not safe.

There's no way I can afford to get the work completed by someone else as I had to double my mortgage to get the money to pay for this work, equally I can't face living like this for the long term.

Does anyone have any advice, obviously I know in hind sight I shouldn't have handed over so much money, I trusted this guy because he seemed so professional and had good reviews on my builder but has since deleted his account with them.

I don't even know what I'd say to him if he did show up, I'm so upset and dh really doesn't need all this added stress as he has so much to deal with at the moment with his health.

If you've got this far thanks 🙏

OP posts:
fia101 · 22/06/2019 16:45

If he has taken money but not provided the goods or services isn't this also theft? Involve the police?

Happened to my mum. She paid for a conservatory which never materialised and bloke went to prison.

Aintnon · 22/06/2019 16:49

Have you tried knocking on their door?

If they’re getting married soon I’d make sure to cause both of them as much stress as possible so their big day is ruined.

CamdenTownie · 22/06/2019 16:55

@Aintnon - as much stress as they've caused me! But seeing as I'm pretty sure my money has paid for most of the wedding I don't think they'd mind Wink

OP posts:
wowfudge · 22/06/2019 16:55

Once you have the QS's calcs you may be able to issue a Statutory Demand for the return of the rest of your money. If he doesn't comply you can have his company wound up. There are further steps too.

There is an issue with paying money by bank transfer as you do not know whose account you are paying the money into: it could have been his personal account, not the company's. If it was his personal account you may ultimately be able to get him declared bankrupt if he doesn't pay you your money back.

To anyone else paying in advance, either pay be credit card or cheque issued to the company you are using as it gives you greater protection.

Check whether he is listed as the owner of the house he lives in.

Walkamileinmyshoesbeforeujudge · 22/06/2019 16:57

Get yourself a frock and gate crash the wedding. Mingle with guests and tell them what he has done....

CamdenTownie · 22/06/2019 17:01

@wowfudge - thank you so much for this information it's really helpful and has given me a shred of hope that I can recover something.

OP posts:
CamdenTownie · 22/06/2019 17:02

@Walkamileinmyshoesbeforeujudge I know where they are having the reception because he told me - I'm thinking of getting a banner made for them Wink

OP posts:
MyOtherProfile · 22/06/2019 17:06

I would call the non emergency police number.

MoreSlidingDoors · 22/06/2019 17:08

It’s not a criminal matter. Hmm

MoreSlidingDoors · 22/06/2019 17:08

What does your paperwork say? Was it the company that quoted and invoiced you? Do you have receipts for the payments and records of accounts they’ve been paid to?

MyOtherProfile · 22/06/2019 17:10

Of course it's a criminal matter. He has taken money and not given the service. It's basically theft.

MoreSlidingDoors · 22/06/2019 17:11

But can the OP prove that?

CamdenTownie · 22/06/2019 17:16

I have a contract that we both signed, it states the work to be carried out and the cost I will pay.

I have the invoices he's sent and proof of the amounts I've paid into his account from mine. Which show the same amounts as he's requested.

You can see that the amount of work he has carried out is no where near what was agreed.

OP posts:
MoreSlidingDoors · 22/06/2019 17:18

Well, that’s something at least.

Whatthefoxgoingon · 22/06/2019 17:21

The truth is he can fold the company and get away with it. And then he can move house, form a new limited company and do it all over again.

I’d name and shame this fucker any which way I could. I’m so sorry this is happening Flowers

fatfluffycushion · 22/06/2019 17:32

Is he signed up as a member of any professional organisation ? Contact them for advice too ?

Bumblenut · 22/06/2019 19:37

There are instances where the court will ‘lift the veil of incorporation’ so you can go after his assets as an individual but I don’t know if this is one of them. The court May make an order for ‘specific performance’ - ie he has to complete the work promised. If he’s spaffed all the money and can’t buy the materials and company becomes insolvent I think he may be disqualified as a director (assuming he is one) and he can’t set up another company.

ExsandOhOhOhs · 22/06/2019 19:43

Has he got a key to your house?

ANiceLuxury · 22/06/2019 20:22

What a shit he is.

Frouby · 22/06/2019 20:39

OP its absolutely shit. We work in construction and are often chasing payments from contractors. Been 'legally'ripped off 3 times for massive amounts. It stinks.

From experience a bill of quants is actually pretty useless. All it does is prove what has and what hasn't been done in preparation for a court case. Unless the business has assets it's no good taking them to court. You can't claim what it doesn't have.

You basically have 2 choices. Go to a no win, no fee firm and let them chase it. It won't cost anything that way and you stand as good a chance as any of getting some money back.

Do it the old fashioned way and send the lads round if you know where he lives.

Having been down the legal route 3 times now we don't bother. They get a 7 day notice that we are returning to site to remove works. I stick the odd box of fixings on a few invoices. As long as we don't damage the work, we are entitled to remove unpaid for fixings apparently. Not 100% sure of the legality of it, and never had to test it but it tends to get us paid.

In your case I would go no win, no fee after a polite visit for the local heavy mob. I would issue him a 7 day improvement notice first, then send someone around for a chat.

Unless the business is listed with assets well in excess of what he owes don't bother paying for legal advice.

I would also use social media to name and shame if he doesn't respond to the 7 days notice. It's surprising how much impact it can have, but make sure you have photographic and documentary evidence.

CamdenTownie · 22/06/2019 20:39

No h doesn't have a key because hasn't done any work inside the house at all.

OP posts:
ThatCurlyGirl · 22/06/2019 21:19

I have no useful advice but I just wanted to say I'm so sorry OP this is fucking shit, the bastards ☹️

You sound like you've really been through the mill recently, I hope things start to get better soon ThanksThanksThanks

soakedat3 · 22/06/2019 22:54

I hope you get some resolution @CamdenTownie. This is a horrible situation but in no way were you stupid. You did check and draw up contracts. I would def name and shame locally. Why should he enjoy spending your money that he has not earned??! Maybe his soon to be wife doesn't know what type of person she is marrying??

So angry I would slap him for you! Angry

BuzzShitbagBobbly · 22/06/2019 23:53

know where they are having the reception b

I'd play a slightly longer game.
First ring up and tell them you've ("the bride") changed your mobile #. Then another day, start changing details of various bits.

If you have the ovaries, ring up and cancel it entirely, "sob sob cheating bastard"

He wants to play dirty?

GreenTulips · 23/06/2019 00:08

This happens far too often

I’m not sure why solicitors aren’t involved in these high cost projects from the start - or even insurance companies.

Solicitors could over see the transfer on cash on receipt of delivery notes or sign off from building regulators etc so everyone knows where they stand.

It’s a disgrace