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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47421
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I have given a deposit to a tradesman but he has failed to

Resolved Question:

I have given a deposit to a tradesman but he has failed to carry out his work, how can I retrieve my deposit back
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How did you pay the deposit?
Customer: replied 1 year ago.
Hi, my name is***** was given a written quotation for the amount of £5500.00 and was asked to transfer/deposit £2500.00 into his account which I did
Expert:  Ben Jones replied 1 year ago.
Have ou tried contacting him to try and resolve this, either by getting the work done or getting your money back?
Customer: replied 1 year ago.
Yes I have in many occasions, but he has made excuses that his blood pressure has been high and has not been able to work. he has promised to resume work but he has not. after few times I have asked him for the return of the deposit so I can have someone else to do the job, and he has replied saying that he has returned the goods to the supplier to get refund and pay my deposit back. But for sure I know he is just saying that as no materials or anything was bought as he himself initially told me when the decoration is finished (a little bit done) he will purchase the materials (i.e. kitchen +sliding doors etc)
Expert:  Ben Jones replied 1 year ago.
You are able to consider taking him to the small claims court of necessary to pursue the return of your deposit. Of course legal action should be used as a last resort but it is there if you need it. In this case, it would be a relatively low-risk option as the small claims court means that even if you lose you do not pay the other side’s legal fees so any potential losses will be kept to a minimum. Before you go as far as that you should try and contact the person one last time, or two, and inform them of your intentions, giving them a final opportunity to resolve this directly, failing which you will take the natter further. This is your basic legal position. I have more detailed advice for you in terms of the exact steps you need to follow now to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.