Paying upfront for garden fence job

[Harry Bloomfield]

You won’ Adam n’ Eve this. Sent the initial text/email. (Advising him that LBA on its way) His response was “I’m not a business, but a sole trader”!!!

That makes little difference, you send and address the LBA to what ever name he used to represent himself as a trader, but also include his name. You still send him the LBA, but usual is to say you will allow him 7 or 14 days to respond to it, with a response from him in writing.

Failing a satisfactory response from him, you go on the Small Claims website, fill the form in claiming the amount he owes you, plus any reasonable additional direct costs you have incurred and briefly what happened and pay the fee. Once that is done he owes you the entire cost of the claim, plus the fees, if he wants to settle at that point. If it gets as far as going into court, if he fails to appear to defend it, you win. If you fail to appear, he might win.

 

[Ted Phillips]

Also wanted to ask if I can now post appropriate comment on Facebook and NextDoor Digest etc) Clearly going to brazen it out.

 

[Harry Bloomfield]

Also wanted to ask if I can now post appropriate comment on Facebook and NextDoor Digest etc) Clearly going to brazen it out.

NO! Don't wreck his business until you have your money back. Think about it - If as a result of your doing that, his income disappears, he will have no money at all to pay you with. Once he has paid you, then you can wreck his business, but limit yourself to honest comments.

 

[Notch7]

NO! Don't wreck his business until you have your money back. Think about it - If as a result of your doing that, his income disappears, he will have no money at all to pay you with. Once he has paid you, then you can wreck his business, but limit yourself to honest comments.

I agree.

The better option is to write an honest review.....and email it to the builder

 

[Harry Bloomfield]

and email it to the builder

Why? Unless you mean it as a means to blackmail him in to paying up?

 

[Notch7]

Why? Unless you mean it as a means to blackmail him in to paying up?

Its not blackmail.

He has taken money and hasnt returned it despite a breach of contract.
It is personally right and correct to email him and say: 'I have drafted these negative reviews because you havent repaid my money, I wouldnt want to post them if you have full intentions of imminent repayment.

On that basis please could you update me as to when I can expect the refund

 

[Ted Phillips]

Hi

Thanks for further helpful replies. I’m going to send the LBA at lunchtime. The template I had refers to expecting a response within 30 days. Can I reduce that to 14 days in this case? Know it’s going to be a long haul so don’t want to delay inevitable Small Claims process.

(Will keep my powder dry on comments on public platforms)

Thanks again.

 

[Harry Bloomfield]

Its not blackmail.

It is...
Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. It is often damaging information, and may be revealed to family members or associates rather than to the general public.

 

[Harry Bloomfield]

Hi

Thanks for further helpful replies. I’m going to send the LBA at lunchtime. The template I had refers to expecting a response within 30 days. Can I reduce that to 14 days in this case? Know it’s going to be a long haul so don’t want to delay inevitable Small Claims process.

(Will keep my powder dry on comments on public platforms)

Thanks again.

There is no absolute requirement to send a LBA at all, it is just good manners and would be looked upon favourably by a judge that you have tried to settle it before seeking a legal remedy. 14 days is more than adequate for him to advise you whether he will, or will not refund you.

 

[Ted Phillips]

Thanks again. Will tweak LBA and send it, recorded delivery at lunchtime.

 

[Harry Bloomfield]

recorded delivery at lunchtime.

Signed for - there is no longer any recorded delivery, and get a receipt for posting, it will have the delivery address included on it.

 

[mikeey84]

My understanding of it is, that since he is not a Ltd company, and a sole trader, he cannot hide behind the limited liabilities of being a director of an Ltd, so you will be taking him personally to court, rather than a company.

A sole trader has unlimited liability, so he has less protection than other cowboys who will just dissolve their company and phoneix a new one with a similar name.

I may be wrong though!

 

[Harry Bloomfield]

I may be wrong though!

You are correct!

Its unlikely a guy like this will have a limited company though, it would involve and cost him too much to set up. He maybe has a (made up name) company operating as a sole trader.

 

[mikeey84]

If that's the case (thanks Harry!) Then I would reckon you have a better than evens chance of getting your money

 

[Ted Phillips]

Thanks again. I’ve just rechecked the exact response again. He said “Not a business sole trader”.

Thought he meant, not a business, a sole trader.

God knows what he meant. Possibly neither a business or sole trader? Conversely, that he’s a sole trader, but not registered as a business? (My original take)