builders - do i have a leg to stand on?

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Wed 12 Oct 2011 23:03
builders - do i have a leg to stand on? - HF

I dont want a lecture on how stupid i've been, or anything like that - I've done that already to myself.

In a nutshell, I paid all the money I had to a builder bloke back in the summer, to do all the outside of my house up. Some of the cash i got a receipt for, some I didn't, because I was fooled by him saying desperately needed the money right now etc etc etc, and pretending to be a mate.

He's not done the job. the only proof I have is that my bank statements show me taking out the sums of cash on certain days at certain times. The bloke has now accused me of lying about the money I paid up front.

Do I have a leg to stand on in, say, the small claims court?

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Thu 13 Oct 2011 00:35
builders - do i have a leg to stand on? - jamie745

Did you have a contract in place, signed by both of you, stating what work he was supposed to do and how much it was supposed to cost?

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Thu 13 Oct 2011 00:51
builders - do i have a leg to stand on? - HF

no - he kidded me that he was kind of a mate. got a receipt for some of it, but not the part i am disputing. I know, it's probably a lost cause, just wanted to ask

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Thu 13 Oct 2011 00:56
builders - do i have a leg to stand on? - jamie745

Well ultimately if you have no proof you gave this man this money then theres very little you can do that i can think of. Out of interest has he done any work at all?

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Thu 13 Oct 2011 01:22
builders - do i have a leg to stand on? - HF

a bit - but is calling me a liar now for the stuff i didn't get receipt for.

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Fri 14 Oct 2011 14:42
builders - do i have a leg to stand on? - Duncan112

If you paid him cash and got a receipt for some of it then HMRC should be your first port of call - is there a VAT number - is he VAT registered - is VAT on the receipt, if a sole trader is he declaring all his income?

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Fri 14 Oct 2011 20:43
builders - do i have a leg to stand on? - JOGON

If you paid him cash and got a receipt for some of it then HMRC should be your first port of call - is there a VAT number - is he VAT registered - is VAT on the receipt, if a sole trader is he declaring all his income?

HMRC should be your LAST port of call. You either want the work done or your money back, right? Do not get side-tracked to being the 'world's policeman'. HMRC are not tasked to get you a satisfactory result.

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Sat 15 Oct 2011 00:02
builders - do i have a leg to stand on? - HF

If you paid him cash and got a receipt for some of it then HMRC should be your first port of call - is there a VAT number - is he VAT registered - is VAT on the receipt, if a sole trader is he declaring all his income?

Hi, he's obviously not declaring all his income, because he asked for cash - the receipt had no VAT on it, it was just a scrap of paper, probably worth nothing. He asked for cash and I obliged, as at the time I was trusting.

I'm going to push again next week, but i don't think im going to get anywhere.

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Mon 7 Nov 2011 23:17
builders - do i have a leg to stand on? - tony g
Hi hf,
Do you think the guy has any assets,a house,car,work vehicle.

For approx,£100 ,you can issue a claim against him through the small claims court.That's the extent of your expenditure .Win or loose.

The judge will make a decision based on the balance of probability ,not just hard evidence.
You say you have a record of withdrawals ,the court will take that into account.

Their is every chance that the prospect of appearing before a judge will intimidate your builder .He would have to lie to a judge !

I've used the small claims court twice ,it's a simple process .

Good luck

Tony g
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Mon 5 Dec 2011 15:18
builders - do i have a leg to stand on? - Leif

I suspect you do not have a leg to stand on. But, you could use the threat of reporting him to HMRC as a stick to prod him into acting in your favour. However, it is quite possible that he did not keep a record of the money you gave him and hence he genuinely thinks you are diddling him. If so, then you are stuck. You could try remembering as much as possible about the transactions, where they occurred, what you both said, and remind him. As regards giving you a lecture, yeah, I did something stupid recently. I bought a bath without first checking up on the shop. I might lose £400 as the owner is a crook.

I found several builders behaving as if I was their best mate. In one case the work was so bad I am taking legal action. In the other case I ignore the best mate business. Good honest builders do not play the best mate game, and if they do, then worry. I know that is no use to you now, but it really gets on my nerves when they try and best mate you as a means to doing sub standard work, or conning you out of money.

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