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Small claims for non return of deposit

5 replies

FelineUK · 24/09/2025 10:20

Long story short. We're want to recover £1500 from tradesman. We did not proceed with works after he cancelled the start date three times. Said he would return deposit. Months ago.

I contacted Federation of Master Builders who are assisting with this dispute however tradesman has recently opened a new company, exactly the same as existing but different name, which i feel he will use, closing existing company, to avoid any debts.

I want to start a small claims whilst i have the chance .. any advice how i get started?

OP posts:
kirinm · 24/09/2025 10:26

Has he wound up the company? If not issue proceedings before he does.

senua · 24/09/2025 10:35

kirinm · 24/09/2025 10:26

Has he wound up the company? If not issue proceedings before he does.

I don't know if it still works but it used to be a thing that you started the winding up of the company; it takes control away from him to do it at his pace / convenience. You have to give notice of action, which is sometimes all it needs to get the desired result.
Get legal advice.

FelineUK · 24/09/2025 10:39

kirinm · 24/09/2025 10:26

Has he wound up the company? If not issue proceedings before he does.

No, not yet.. hence getting advice on how to start small claims before he does..

OP posts:
kirinm · 24/09/2025 10:40

He won’t be able to wind up if there’s litigation against him. The process isn’t immediate in any event. I’d write to him to confirm you intend to issue proceedings and then do it - perhaps have him 7 days

Silverbirchleaf · 24/09/2025 10:41

Go through the small claims court. You need to send a letter (registered post) requesting the amount first, then proceed. It’s all done online. It’s actually a fairly simple process. Any fees you pay during the process they are liable for if you win.

nb. The process only proves they owe you the money if you win. We had to escalate the claim (which is the next stage) to get them to pay.

https://www.gov.uk/make-court-claim-for-money

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