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Property/DIY

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Original poster

Project Resin - no sign of my driveway after 16 months!

25 replies

MiddleOfThePack · 14/01/2021 17:52

We gave these guys a 50% deposit in Sept 2019 for a resin driveway at our home. The last we heard was an email response to my confirming that we didn't need planning [we are in a conservation area]. That was March 2020.

Since then absolutely no sign of them coming to do the work, despite a good summer and being allowed to continue building work. I have seen some reviews on trustpilot from people claiming to have had their drives done all the way through 2020, so where's ours?

My DH seems to think we have a good relationship [only by phone] with the foreman, but I smell something fishy. Despite him constantly telling me not to, I have just sent them an email to ask for our deposit back as I have no confidence that they will ever come. He has mentioned that in one call, they guy said most of their labourers, being Polish, had actually gone back to Poland due to Covid-19 and since then we have had Brexit, so not sure where he's going to get new labourers from [though I suspect there might be a queue for people willing to work right now].

I have yet to tell DH that I have emailed them now, as I actually pressed send before I had completed the email and couldn't then recall it [maybe that is sort of karma, that actually we should have chased well before now?]. Went against my own rule to compose the email and check it before you add the 'To' email!

Am I right to worry and ask for a refund of my deposit? According to my reading of the consumer rights act, we are entitled as the service should be provided in a reasonable time?

OP posts:

BeakyWinder · 14/01/2021 17:55

How often are you chasing them? I would have been asking for a refund months ago! It doesn't seem like they have any intention of doing the job.

Shadowboy · 14/01/2021 17:56

So you’ve waited over a year?!

Neenan · 15/01/2021 06:36

I think it’s very fair to ask for the deposit back. I think it’s highly unlikely they will hand it over easily.

The polish labourers are irrelevant, he’s had enough time to get replacements.

BeakyWinder · 15/01/2021 13:28

Maybe the OP has gone doing the drive herself

Hoppinggreen · 15/01/2021 13:35

Your DH is being a muppet.
If you did have a good relationship with the foreman you would have a driveway by now. And where the labourers have gone is not your problem
You will be lucky to ever get your deposit back or a driveway. How have you let it go on so long?

Original poster

MiddleOfThePack · 15/01/2021 13:38

It's gone on this long because my DH is a control freak and disagrees with my fears that this would never get done. I don't get it as he's a highly respected manager with global responsibilities yet when it comes to tradesmen he is so naive.

OP posts:

LochJessMonster · 15/01/2021 13:40

They are not going to do to your driveway. Not a chance.

You need to work on getting your money back. Do you have a contract/t&cs?

Hoppinggreen · 15/01/2021 14:17

Well which one of you is right?
Is it you or Mr highly respected manager with Global responsibilities?

callmeadoctor · 15/01/2021 14:22

How can your DH be a control freak when he hasn't chased up your tradesmen?

Hoppinggreen · 15/01/2021 14:37

Is your DH slightly nerdy? I have noticed this with some men who have very “cerebral” jobs. They panic slightly when dealing with more Alpha Male blue collar types and try and get all matey with them while actually not getting them to do anything
It’s why I deal with all Tradesmen, DH will be all “did you see the footie game mate” while I will be “why does my bloody tap still drip?”

Original poster

MiddleOfThePack · 15/01/2021 17:56

LochJessMonster: I do have a contract - I sent a scan of it [including the ref to the amount of deposit paid] with my email requesting that they pay me by next week, or I'd escalate.

They are still trading as a Limited Company according to Companies House.

According to the Consumer Rights Act, you can claim deposits back if they have not completed the job in a 'reasonable time'. I'd say > a year gives us the right to claim.

Whether it actually happens remains to be seen.

OP posts:

Original poster

MiddleOfThePack · 15/01/2021 17:58

Hoppinggreen: nerdy and control-freaky and has AHDH, which he often uses an excuse for bad behaviour.

I need to learn not to let him deal with tradesmen. He even suggested to them months ago that he would be happy to pay their suppliers for materials directly, to enable the project to get under way! I put my foot right down. That would nullify our contract and any rights we had!

OP posts:

MrsBobDylan · 16/01/2021 09:56

You have a very odd husband, something doesn't add up at all. The bit about having a very relationship with the foreman! I would bet he has an over-inflated opinion of himself.

Are you sure he has paid the money and not spent it on something else and can't bring himself to tell you?

NewHouseNewMe · 16/01/2021 10:15

@Hoppinggreen Has my husband a second family??! Football comment - spot on.

OP - I would tell them that you want the deposit back until such time as they can start within 2 weeks and even then you'll only give 10% with 40% payable when there is equipment on site and work has started.

Have you paid by credit card?

TaniaKP · 16/01/2021 14:54

Have you paid by credit card?

That's a very good point. It's very likely that they will refuse to pay deposit back but if you paid by a credit card you should be able to get money back from the credit card company as you're are jointly liable.

Something we learnt the hard way when paid a deposit for new double glazed timber windows (by a bank transfer). Local company, good reviews on Checkatrade, "good" relationship with the foreman. Project was delayed by 6 months due to the council faffing around with the consent (Grade II cottage). By the time we got all paperwork sorted, the company went "bankrupt", bye-bye the deposit. Annoyingly, they're still trading, all the customer facing branding still the same. But as they've registered a new limited company under a slightly different name, formally we can't claim from that one.

Original poster

MiddleOfThePack · 29/01/2021 15:57

Sadly we / I paid via BACS transfer, so no comeback there. I have now filed a small claims case with Gov.uk, so they have until 9th Feb and then it escalates. As they are still trading, I would hope they still have some cash in the bank to give back.

OP posts:

whataboutbob · 30/01/2021 11:02

@TaniaKP we have had the same issue with the company that did out loft extension. Not a disaster, but a few annoying issues, like loose floorboards and a leak into the neighbours home. When we chased up ( all phone calls and emails from us ignored, of course) we found the boss man had wrapped up the company and trades under a different company. He routinely does it every few years, no doubt knowing full well you can’t sue the person, only the company. It was a bitter lesson to learn.

NoIdeasForWittyNickname · 30/01/2021 11:22

@whataboutbob exactly! When they set up a limited company, it's like a shell that protects the owner from personal liability. It was the same story with the bloke we dealt with - after our hiccup I've looked him up on Company's House and turned out he'd done this many times before. Filing for bankruptcy but then immediately setting up a business of similar nature is referred to as 'phoenix companies' or 'phoenixism' and there are some legal restrictions against it but it doesn't seem to be outright illegal. There doesn't seem to be a recourse for a lost deposit just join the list of other unpaid creditors

Shehasadiamondinthesky · 30/01/2021 11:25

I would NEVER give a 50% deposit.

Original poster

MiddleOfThePack · 18/02/2021 17:25

Update: lodged a claim via small claims court. First date to respond has passed. They have asked for 14 days extension, which they can do. Next dateline is 23rd February, so will see if they respond with ££ by then.

OP posts:

mumsy27 · 19/02/2021 00:23

good luck, don't give up.

Sunflowergirl1 · 19/02/2021 07:14

Good luck but why in earth did you give a large deposit. I never give any deposits

Dippingoutofdowndawg · 19/02/2021 07:42

Before you spend money on small claims court have you attempted to do a chargeback via your bank? I have been advised by my bank themselves to do it before when I had a dispute, but fortunately never had to as the threat of it alone got me a refund sorted. I also suggested to a colleague who was having COVID flight issues with Ryanair to try it and she got 2.5 k back so it’s a shot worth taking if it’s a service your bank offer...

Dippingoutofdowndawg · 19/02/2021 07:45

My bank also advised me that although they say something like six months, that can also be interpreted as six months from the date of receipt of service, so if you haven’t had the ‘service’ it will still be possible. Worth a try maybe?

FurierTransform · 19/02/2021 08:08

Maybe i'm missing something but when you call them up, do they actually talk to you? explain the issue? Give you a string of start dates that come and go? Have they accepted how late they are & offered an explanation? verbally refused to return the deposit?

It's a very long time to wait for work to commence but based on what's said so far, immediately trying to claw the deposit back from the company via a money claim seems a bit rash.

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