Possible dodgy builder – what recourse?

[Onelasttime]

My work colleague has been doing up a house in Margate. She employed a builder last year to do various stuff, but then needed a new one recently to do some other stuff (details are vague).

Anyway, this new builder has been calling to say that a lot of the work Builder 1 did needs redoing because it hasn't been done properly (floor needs relaying because it was put down on damp floor and has buckled up; bathroom needs redoing because pipes are all fitted wrong; etc.). She has happily agreed to all this while based in London.

This weekend just gone she was meant to meet with Builder 2 to take a look and discuss remaining work. He never showed and when they called he said he was tied up with family – he didn't bother to phone first before they made the journey to Margate. Nice!

I received an email from her this morning panicking because she has discovered Builder 2 has three brothers in jail, one for gun-related crimes, and he himself has ripped off someone else to the tune of £60k with the same excuses that this needs doing, and that needs doing. She has also learned that her husband has already handed over £3.5k via BT to this Builder 2 without discussing it first. She's tried to contact the builder but he's now not answering the phone or texts.

Is this a right off, and she should walk away and forget it ever happened? Or is there recourse? Will the police be interested? How long is a reasonable time to expect the builder to respond and finish whatever work he thinks the £3.5k is paying for? Is it worth even asking him to do the work? She's clearly worried about him being a wrong 'un and getting into confrontation with him.

He also still has the keys to the house although there is nothing in it.

Give it until the end of the week to see where the land lies, or take action now?

[Mr Pointy]

Tell her to change the locks now. The property is very vulnerable if she's so far away.

Forget the £3.5k & drop the issue, taking it as a lesson. She doesn't want to get involved with people like this: they have far more experience of screwing people's lives up than she has.

[Mr Nuttington]

Tell her to change the locks now. The property is very vulnerable if she's so far away.

Forget the £3.5k & drop the issue, taking it as a lesson. She doesn't want to get involved with people like this: they have far more experience of screwing people's lives up than she has.

I agree. I suspect her insurer would take a pretty dim view if the keys were used by a third party for nefarious purposes.

Working as I do in the major contracting end of the construction industry it really saddens me how regularly home-owners get themselves into situations like this. In my view all building work should be preceded by a formal contract and drawings/specifications/schedules overseen by a contract administrator working for the client who knows what they are doing. There are simply too many 'trades' out there who are more expert in making money than actually building anything.

And excuse me if I shout, but NEVER EVER EVER PAY FOR BUILDING WORK BEFORE IT IS UNDERTAKEN. Reputable contractors do not expect payment up front and all standard contract forms include suitable payment terms that are agreed between the parties prior to works starting.

[Onelasttime]

And excuse me if I shout, but NEVER EVER EVER PAY FOR BUILDING WORK BEFORE IT IS UNDERTAKEN. Reputable contractors do not expect payment up front and all standard contract forms include suitable payment terms that are agreed between the parties prior to works starting.

Quite

[KavKav]

Tell her to change the locks now. The property is very vulnerable if she's so far away.

Forget the £3.5k & drop the issue, taking it as a lesson. She doesn't want to get involved with people like this: they have far more experience of screwing people's lives up than she has.

Extremely well said, she should ‘run’ and then run some more! She should not pay another penny and if builder scrote gets threatening, go straight to police (good luck with that)

[reggie747]

I received an email from her this morning panicking because she has discovered Builder 2 has three brothers in jail, one for gun-related crimes, and he himself has ripped off someone else to the tune of £60k with the same excuses that this needs doing, and that needs doing. She has also learned that her husband has already handed over £3.5k via BT to this Builder 2 without discussing it first. She's tried to contact the builder but he's now not answering the phone or texts.

Not a Scouser is he Jon ?

Joking aside, change the locks and forget about any further contact with him.

[Onelasttime]

Not a Scouser is he Jon ?

Joking aside, change the locks and forget about any further contact with him.

No mate, typical crafty cockney geezer.

I'll see if there's any further news this week but I guess she can kiss that £3.5k goodbye.

Nothing ever goes right for her but then who the **** employs any workmen without doing checks first? I don't know where she found him.

[Mick P]

No mate, typical crafty cockney geezer.

I'll see if there's any further news this week but I guess she can kiss that £3.5k goodbye.

Nothing ever goes right for her but then who the **** employs any workmen without doing checks first? I don't know where she found him.

The good news is that the £3.5k was paid by BT, so there is evidence of payment which a court would expect to be a deposit for work to be done.

However her position will be weakened if she has no written receipt for the money. Normally a reputable builder will acknowledge receipt of the money stipulating what work he will do within a specified time frame.

I would describe her case as weak but not lost. The same would also apply to the builder. He is far from safe.

Her best bet is to contact citizens advice and take it from there.

[adrianw]

The good news is that the £3.5k was paid by BT, so there is evidence of payment which a court would expect to be a deposit for work to be done.

No! legally there is no link between the transfer and the building work if there is no documentation. the recipient could legally argue it was a gift.

[Mick P]

No! legally there is no link between the transfer and the building work if there is no documentation. the recipient could legally argue it was a gift.

I did say that her position will be weakened in the absence of a receipt where the work is stipulated.

Her position is weak but there is still some hope because a court would find it difficult to believe that it was a gift if they had no history.

I agree the odds are against but the builder is also in a weak position.

Like I said, go to CB for advice.

[Ivan Drago]

Best to just walk away from it. You could try and persue it down a small claims court but even that is more hassle than its worth.

[Robbo12]

It's a common thing that tradesman tend to do to each other as far as saying the work that's been done before them is terrible. Given bad work does happen but only ever take the word of a builder or tradesman that you truly trust to criticize work that's been carried out before them.


This happens a lot and is a very common way of tradesman getting extra money! I'm in the trade and if I had a pound for everytime someone has said this .....

everybody has a different way of working so its not always a complete mess and can be put right quite easily, but they wont tell you that !

[bomberman]

Given the family history it sounds like she could be in a whole world of pain if she tries to recover the money.

Personally in her current position, I would rack this up as one of life’s lessons and would learn from it.

An anonymous call to HMRC or might not go amiss as I suspect that he hasn’t declared it as income?

B