Every Tuesday we ask an expert to answer your financial problems or consumer disputes. Today, we are tackling this issue sent to us by Sue, who writes:
I got a quote from a builder to do some work in my house. They quoted £2,000 and asked for £500 upfront to buy the materials. Six months later he has never come to do the job or return my money. What can I do?
Consumer rights expert Scott Dixon, AKA the Complaints Resolver, answers…
I’m sorry to hear this. Although most tradespeople are trustworthy and reliable, the minority give the rest a bad name.
Whenever you get a quote from a tradesperson, always ask for it in writing and insist on a full written contract (not just a quote) before work begins.
Always get any promises or verbal confirmations put in writing. Don’t feel guilty by insisting on it. It protects both parties and eliminates any confusion over what was discussed and promised.
This creates a paper trail of evidence if you need to escalate a complaint.
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If they don’t confirm what was verbally agreed, write or text them afterwards so you have that written confirmation.
If the quote was made verbally, and you have no written contract, you could try and rely on any text messages or emails as part of your evidence if you need to escalate your complaint.
A trader will often ask for a deposit to buy materials and agree staged payments in a contract to provide you with peace of mind if any issues arise before making a final payment.
Many builders and tradespeople have multiple jobs ongoing and work around the weather. Sourcing materials can also be problematic, so ensure the contract covers this and any delays completing the work and disputes that may arise on quality of work. Seek a deadline for completion in writing.
I suggest you try and contact the builder first if you haven’t already done so and ask for an explanation with any promises confirmed in writing.
If they don’t respond, write to them asking for your deposit to be returned within seven days and cite “breach of contract” under the Consumer Rights Act 2015.
How did you pay for it?
If you paid by debit card, you would normally have two options.
You could either raise a chargeback to temporarily reverse and dispute the transaction as a breach of contract under the Consumer Rights Act 2015 or you can say you were scammed.
You are out of time on raising a chargeback as you only have up to 120 days from the date of payment to dispute the transaction.
You could contact your bank to say you have been scammed. There are two types of payment scams – one where you have fraudulently paid money direct to a scammer and one where your account has been hacked.
The Contingent Reimbursement Model code is a voluntary code banks have signed up to where you have fraudulently paid money direct to a scammer.
It sets out a number of circumstances in which firms are required to reimburse customers who have been the victims of certain types of scam.
You need to push hard on this and say you were scammed, as claims often fail on the first attempt with staff not fully understanding how it works.
It can and should be resolved within days, but some banks are much better than others.
If your bank refuses to reimburse you for your losses, ask them for a deadlock letter. This is their final response, so you can refer it to the Financial Ombudsman Service for review.
Banks don’t like complaints being referred to the Financial Ombudsman as it costs them money and they risk negative publicity.
Trade associations
Check to see if the builder is a member of a trade association such as the Federation of Master Builders.
The FMB conducts a vetting and independent inspection process for prospective members to ensure they meet the high standards expected of a Master Builder company.
If they are a member of a trade association or a trader recommendation site like Checkatrade, you can contact them and ask if they can help you resolve your dispute.
Small Claims Court
If all else fails and you cannot secure a refund of your deposit and agree for the work to be completed, you could take your case to the Small Claims Court if it was England, or follow Simple Procedure in Scotland.
Prepare a Small Claim form as a draft setting your case out demanding a refund within seven days and attach it to your letter with proof of payment.
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Put them on notice that if they do not refund you within the next seven days, you will proceed with legal action. Retain a copy for your records and send it by recorded delivery as proof of receipt.
Before you file a claim, send screenshots of the court papers setting your case out and demanding a refund within seven days. Tell the company that if they fail to do so, you will lodge a claim in the Small Claims Court.
This may resolve the dispute. If it does not, you can proceed and file the Small Claim papers online.
This is a last resort though if you cannot resolve your dispute.
I would also report this trader to Trading Standards and leave reviews online.
This feature is not intended as financial advice – the aim is to give an overview of the things you should think about. Submit your dilemma or consumer dispute via:
