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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We paid a workman 50% deposit upfront to sand floors. As soon

Resolved Question:

We paid a workman 50% deposit upfront to sand floors. As soon as the money arrived in his account, he left the job and has not returned. It is c10% done. He also has a key to our property which has also not been returned. Whilst here he damaged the dishwasher and broke a light fitting. We want the return of our deposit plus costs for the repairs and lock changes. We've had to take time off work and it has all been hugely stressful.
What options are open to us legally? And how can we ensure a black mark against his business so that other people can be warned?
Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How much have you lost out please?
Customer: replied 2 years ago.

Hi Alex - we paid £1400 deposit

Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Thanks Alex. I emailed him and set out losses. He keeps saying he will pay but then does not.

Questions -

1. Must I set out the losses be via letter or will email be acceptable? (I don't have his address)

2. Is 14 a suggested timeline or is that the window?

3. I have already told him (via email and text) I will take him to court if he does not pay and he has advised (via text) that, if I do, he will close his business. What are my options then?

Thanks,

Jane

Expert:  Ash replied 2 years ago.
1. Email is fine
2. Suggested
3. If you have already tried then you can just issue proceedings. If he closes the business unless its not Limited sadly there is nothing you can do.
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

Hi Alex - sorry, one more question. I paid the deposit into his personal account. Can I therefore make the claim against him personally therefore it wouldn't matter if he closed his business?

Expert:  Ash replied 2 years ago.
Yes personally is the best idea!
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

Alex, how do I claim against him personally and can I claim against both him personally and his company to cover both bases?

Expert:  Ash replied 2 years ago.
You make a claim taking the steps I suggest above. Can you see them? If not I can repeat it.
Alex
Customer: replied 2 years ago.

Thanks Alex - am I permitted to claim against him personally in this scenario? Also, can I raise 2 claims (personal and company) to cover the bases?

Expert:  Ash replied 2 years ago.
Yes it was paid personally.
It will be one claim but you will name the company as first defendant and individual as second defendant.
There is no additional cost to this.
Does that help?
Alex
Customer: replied 2 years ago.

Thanks Alex, so this essentially means I'm covering both bases?

Expert:  Ash replied 2 years ago.
Yes you are.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex