Builder ran away with my money but left some tools

[vik2017]

Hi, I am really gutted and wondering if someone has had the same experience. I hired a builder from MyBuilder (with 97% positive feedback) for garage conversion and he started the job week later than agreed but I did not bother much and just had a casual chat about it. Then work progressed a bit but after taking over 10k (to buy material, windows, doors etc) he disappeared, I have tried to call him, text him but no luck. Work is around 40% complete so, I am still losing more than 5k.
I do not believe he will return but he has left some of his tools so, my question is could I repossess his tools against the money I have paid. Do I need to inform police before that and explain the incident? How will police react if I repossess his tools without informing police?
Some of you would suggest small claims court, I found a year-old tread about the same person that someone tried this route but got nothing from him because he owns nothing.
Could someone please advise, I am fuming and gutted at the same time and cannot believe these horrible people damaging the society running away with hard earned money

I would contact the police about the theft of the money, and see if they can do anything about that - and mention the tools at the same time. Morally and ethically, I’d say you have the right to take the tools, but I’m not sure about the legality of it - sorry.

@SDTGisAnEvilWolefGenius

I would contact the police about the theft of the money, and see if they can do anything about that - and mention the tools at the same time. Morally and ethically, I’d say you have the right to take the tools, but I’m not sure about the legality of it - sorry.

The police will probably say its a civil matter, as its not really "theft", its breach of contract.

Has he asked for the tools back? If not he's probably kicking himself but will write them off. Are they worth much?

Aunt had a similar situation but sum was about £300...tools left...was told not to sell them as could be theft...had to store them for 12 months and then sell them...police not interested...i think best route is small claims...website you found him only pass on jobs so no liability there...

Try and find a different phone number for him, if you have his mobile try and find his landline. I had to do this and his wife was very much caught off guard - he had been ignoring my calls on his mobile.
I told her in no uncertain terms that he had 48 hours to either return my money or he’d be getting a solicitors letter / id be going to the small claims court.
Next day he turns up after no doubt an ear bashing from his wife.
Worth a try.

I hired a builder from MyBuilder

Sadly if the builders pay to list there, then their "ratings" are as useful as a chocolate teapot.

TrustedTrader
RatedPeople
CheckATrade

are all really just extensions of the Yellow Pages (for those old enough). They certainly cannot be relied upon for reviews.

I’d contact the police.
With 97% positive feedback it is less likely he’s stolen the money.
He might be in hospital with Covid or had a breakdown and was sectioned.
So I’d approach the police saying it’s very odd for a builder to abandon tools and stop contact, that you’re worried for his health and can they do a welfare check on him?

With 97% positive feedback it is less likely he’s stolen the money.

It's very difficult to get negative feedback on any platform where the builder pays to be listed. The moment you try the platform will contact you and ask if you have engaged with the tradesperson to rectify the dispute. Generally that tends to kill most actions, as once the Brother Bodge have buggered up your building, you really aren't in the mood to ever see them again - let alone give them the opportunity to mess it up further put it right. Which is the same process a court wants to see.

It's always struck me as a heads you lose, tails they win loophole to contract law. Once a tradesperson has lost your confidence, why in the name of all that's holy would you give them a second bite of the cherry ?

Once a tradesperson has lost your confidence, why in the name of all that's holy would you give them a second bite of the cherry ?

I wouldn’t, but whether my confidence was lost would depend on the reason for the absence and no contact? I tend to not jump to conclusions but try and find out the why behind the disappearance. We are in middle of a pandemic and accidents do happen to put people into hospital. Obviously I’m not suggesting he was kidnapped by aliens and is currently face down naked in a crop circle. And yes I know often tradesmen can be cowboys and defraud innocent homeowners. I just like to find out the rest of the story before coming to a conclusion.

I just like to find out the rest of the story before coming to a conclusion.

Is it "Sherlock" that contains the phrase "Balance of probabilities, Brother mine." ?

Myncroft said that :)

@PlanDeRaccordement

Myncroft said that :)

Ah yes, thanks Knew I'd heard it somewhere.

"Balance of probabilities" should really be alongside "trust your instincts" I'm afraid.

Call him from another phone number or ask to meet him at a friends house and confront him and film it

Shame him on FB

Are you sure he hasn't had an emergency?

@ProfessorSlocombe

With 97% positive feedback it is less likely he’s stolen the money.

It's very difficult to get negative feedback on any platform where the builder pays to be listed. The moment you try the platform will contact you and ask if you have engaged with the tradesperson to rectify the dispute. Generally that tends to kill most actions, as once the Brother Bodge have buggered up your building, you really aren't in the mood to ever see them again - let alone give them the opportunity to mess it up further put it right. Which is the same process a court wants to see.

It's always struck me as a heads you lose, tails they win loophole to contract law. Once a tradesperson has lost your confidence, why in the name of all that's holy would you give them a second bite of the cherry ?

Now I'm not saying mybuilder is the best place to source trades, but I can attest that negative feedback can be given freely and will be posted, unlike check a trade. They also hold a register of poor behaviour and will strike a member off their site.

Even if it's technically not theft, surely it is a scam? Especially if this person has been reported by others before. I would definitely start with the police and wouldn't be "repossessing" any tools unless advised otherwise. You might have to wait awhile to get the legal right to.
If you get nowhere with the police, then you can try a debt recovery agency, or straight to small claims court.

@SDTGisAnEvilWolefGeniusSDTGisAnEvilWolefGenius - I will give it a try but most likely police gonna say civil matter.
@SparklfairySparklfairy - They worth some but not what I have lost. Problem is even if they worth, I am not sure if I could even reposses them because this can easily be categorised a theft.
@earsupearsup - He has 97% positive feedback from more than 63 people and this was one of the reason I hired him but when he stopped responding, I did more google and found out someone else tried to recover their money via small claims court but failed because he owns nothing.
@Fattydontknowwhattowear - I tried with some other number but still no luck. Looks like the number he provided is being used to con people and he would not bother to pick it up.
@ProfessorSlocombeProfessorSlocombe - Agree, his rating and reviews mean nothing and does not tell about his evil. Ironically, I lost money and I am the one who cannot do nothing (sell his tools, make him to pay)
@PlanDeRaccordement - He indeed because he just stopped responding after taking the scheduled payment. As I mentioed, when I googled him more deeply (shame I did not do earlier but who spent days on that specially when you could see loads of positive feedback) I found out I am not only the one!
@cultkidcultkid - tried already but I do not think he is that stupid!
FallingStar21 - That's the next thing I am going to do. At least will report to them. This really gets into my nerves that someone has stolen your money but neither you can take possession of theri tools nor you could recover your money because technically they own nothing.

Some also told me that even if he turns up tomorrow put his tools back in his van and shoot! I cannot do nothing. I can confront him of course but cannot do anything physically to stop him or make him to complete the job. What the hell!

He has 97% positive feedback from more than 63 people

how many of them did he write himself?

Put the tools in your house, where he can’t get them - what’s he going to do, phone the police & say you stole them?

I would persist to contact him...maybe something has happened to him..??....you don't know....keeping the tools is tricky....my aunt had to send a notice or something...advising that they would be stored and then disposed off etc....so giving her painter the chance to recover them...we shoved them in the garage and sold after a year so as to be covered...kept copy of letter sent....hopefully you will track him down and can get make an arrangement for refund or work finished.

This happened to my mum although it was a smaller job. Police said she had to give the tools back or it would be theft whereas the fact that she was unhappy with the job was civil.

@nancy75 as AdelindSchade suggested, you cannot keep the tools because it would classed, in police dictionary, as theft and would go against me. That's crazy and gives me cringe...

@earsup will try again tomorrow to see if he would pick up...

@PigletJohn must be all

Where did he leave the tools? Is it somewhere that anyone could access if a door was accidentally left open?

If so I would be incredibly shocked one morning when I woke up and all the tools were gone? Obviously I wouldn't bother calling the police as they weren't mine.

How is this not theft? You gave him money to buy windows etc and you have no windows. He stole the money???

Lock the tools away. You don't know where they've gone.

Sorry to hear you've been conned OP. What a ratbag!!

It's all a nightmare op, so sorry you're going through this.
I've just had work done, extensive and before it began our trader went AWOL. Then I looked more closely at their past reviews and they are copied and pasted.
I went ahead with the world however and so far it's pretty much OK.
I'm didn't realise no negative reviews can be posted

I don't know how we are supposed to trust anyone. For another job a close friend friend who recommended a close friends dh to do a job. He ripped me off massively, I thought as friend he would do a really thourgh job, not so! Ripped me off and did the absolute minimum work that meant it didn't function as it was supposed too.

No decent builder worth his salt would ask for the money for the materials upfront.
This should have been a massive red flag.
Did you give him cash?