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Tradesman Has Left Job Half Done & Immoveable Materials Abandoned

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CW1 | 22:03 Tue 17th Sep 2019 | Home & Garden
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Hi,

Had a tradesman start what would be a job of 2 parts. He over ordered materials by over 300%, some of which has been returned (part is unreturnable, apparently), have no idea why not all. He had said he'd take it away himself, presumably to use on another job, but inexplicably has now said he would try selling it at a fraction of what I've paid & that's what I'd get back. I queried why I would be penalised for his error [in over ordering] & he's now abandoned part 2 of the job (part 1's not completed fully, & will cost much more to now try get part 2 finished by someone else, leaving out the time that's been wasted), & I'm left with £150 worth of materials I can't use, or even move.

What do I do ?
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Work out your financial loss, ensuring that you can justify your figures. Then send the guy a formal demand for compensation, as per my post here:
https://www.theanswerbank.co.uk/Law/Question1673964.html
CW1 did you pay for the whole job in advance or by stage payments? Was there any specification for works to be carried out or a contract and plans?
Question Author
He's s'posed to be refunding me the materials sent back, & for another order *he* cancelled (when he was told it'd be another 2 weeks for delivery but before he realised everywhere had a min. 2 week delivery). Apparently refunds take 5-7 working days despite the fact they've had the stuff returned days ago / 2nd order was cancelled & never delivered ! Once I've had the refund, I will work it out.

He asked me for part payment, to cover materials, the rest on completion of the job (which should've been last Friday). Whole thing was only s'posed to take a week max. but went awry when he couldn't get the materials for part 2 (not his fault, he was let down).
Easy to say from a distance CW1 he shouldnt have over ordered, some materials you cannot return as they have a time life e.g plaster, cement and the builders merchants cannot resell them they will not take them back. If you did have a signed contract and spec it would be useful. Was it big enough to get the building inspector involved?
Other wise follow Chris,s advice and start some court proceedings firstly with the letter and some pictures.
Question Author
TonyV, was only a path & some new steps ;)
I did ask him several times about the quantities he was ordering, I'd had some advice about that before (from here too I think), but he was adamant he needed 6 tonnes ballast & 40 bags cement (tho' he actually ordered 42 bags - why ?!). He used 2 ballast & 12 cement. Go figure ...
Ok CW1, depends on how long your path is and how many steps, but 6 tonnes and 40 bags is an awful lot, and cement will be going of as we speak. Sorry to bearer of bad news.
Name and shame him on FB. If you're not on FB, i'm sure you know someone who is.
Ken do not think that should be first move IMO.
Question Author
TonyV, no worries, I've every intention of getting my money back, somehow.
I am on Facebook but the group where he found me (he wasn't among the recommendations I was given, hmmm, unfortunately they came to nothing) doesn't allow naming & shaming. I'll find a way, but going to wait the 5-7 working days (which I still don't understand the need for), see what refund I receive.
Thanks all

CW1 its not just a good idea to start naming and shaming people online, otherwise you may end up with you being sued? So do you have other contact details for him, have you any other people in your facebook group have any contact details or had any work done? Have you tried to find him on a facebook search?
Question Author
I wouldn't name & shame, I'd just ask for more recommendations as the guy left me in the lurch, & maybe invite people to pm me if they wanted to know who it was.

I do have a mobile phone number (which is useless, he's never in an area with a decent signal, I've tried to arrange to meet up with him to sort out ordering materials for the steps & he says he'll move to a better signal area & call me back. Last time however he didn't call back, & today he's totally changed his attitude. Up to now, he's been great !), & I do have his address. He wasn't among the recommendations I'd asked the Facebook group for, he pm'd me when I updated my post asking for more recommendations. He did tell me he'd done some work at the place I now work, but he was with a company then & may not have been responsible for ordering materials. I can ask tho' that may've been a while ago.

By the way, other people had told me 2 x ballast + 14-20 bags cement, hence I queried his amounts right from the off but in the end had to concede "he knew better than me".

Over ordered by 300%. Jack of all trades, master of none.
talk to trading standards
Not very good at estimating is he!
No, you should not be responsible for his mistakes. The fact that he asked for upfront payment for materials makes the ordering HIS responsibility.

Common courtesy demands that he takes complete responsibility for over-ordering, and deals with it at no cost to you.

Being unable to quantify materials for such a simple job simply means that yer man is out of his depth. This would explain why his attitude has changed for the worst.

Sadly, there's not nearly enough cost involved here to justify legal action. I wish I had an answer as to how to resolve this. All you can do is keep on trying to come to some arrangement where he can deal with the over-ordering.

Somehow, I don't think this is going to happen. I really do wish people would realise that there is so much more to doing this job than just knowing how to knock up concrete.

Next time, CW, let us know what you're having done. Several of us on here would be only too willing to give a bit of guidance.

I hope you can get him to see sense.
Question Author
Thanks, Builder :)

I will be looking to the small claims court no matter how small the amount. At the moment it's in the region of £800 tho' the money he asked for upfront didn't include the skip or his labourer for a few hours, both of which he's paid himself. I have no receipts (apart from the ballast, cement & timber), nor do I know how much is fair for his labour given that he quoted for both jobs as one.

I did actually come here a while back, to try gauge if it was even something I could get done

https://www.theanswerbank.co.uk/Home-and-Garden/Question1666407.html

His quote wasn't anything like you mentioned there but then the neighbours was only £600 all in a year or 2 ago (tho' he did clear the stones himself & knew the guy's dad. Mind you, I cleared a lot of the stones here & was helping him shovel stuff into the skip when his "lacky" couldn't get the day off work to help him !). Have no clue what mine is / will be.
Sorry, CW, I didn't realise you were as much as £800 out of pocket.

That isn't a trivial sum.

Do try the Small Claims route. A friend of mine, before he retired, was a Judge, and he used to occasionally adjudicate for the Small Claims Court. I do know though, that he was always very sympathetic with the customer. I think they try to protect people from rogue traders, or in this instance, incompetence.
Question Author
Looks like I'm left with no option but the small claims route.

He did come over last week, unexpectedly, & agreed to take the cement, repay what he owed me & finish the path this week. When nothing happened in the next few days, I sent him an e-mail, followed by a text a couple of days later when no reply, asking when he'd be round (so I could be here) & when he'd be paying the refund. A day or so later I received another tirade, by text, saying I was "doing his head in" & I was taking him for a mug (eh ?), & that he'd sought advice & was happy to go "down the legal route".

Saw Citizens Advice - useless - & called their advice line & was told I had to send him a letter giving him 14 days (what !) to reply. I gave him 7. Then, when that's up next week, I have to write *again*, giving him 30 days else I'll go the small claims route. Meanwhile he's laughing all the way to the bank … & the path's *still* not fully finished ...
OK CW1 thanks for getting back with update, think he might be trying to call your bluff? To go down the legal route there is a certain protocol to be followed to allow him adequate chance to pay before court.
Question Author
He may well be calling my bluff, I don't think for a minute he's "seeken" advice. He's had more than enough time to pay etc. & I just feel the length of extra time I've "obliged" to give is, tbh, a joke. I. Must. Be. Patient.

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