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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience:  Over 5 years in practice
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We engaged a builder to renovate our property in Twickenham,

Resolved Question:

Hi,
We engaged a builder to renovate our property in Twickenham, London. After agreeing a price the builder asked for a deposit of £5,000 to secure them which we duly paid via BACS transfer.
Shortly after transferring the deposit, the builder stopped returning calls and emails. Eventually they emailed to inform us that "due to unforeseen circumstances" they could no longer proceed with the work, but they would return our deposit via a bank cheque. 8 weeks have passed and despite us sending countless emails and leaving numerous voicemails, the builders have not sent a cheque and no have they responded to any of our messages.
We are desperate to recover our deposit as we took out a loan to pay the deposit, so are paying interest with absolutely nothing to show for it. We don't see any other steps we could take apart from engaging a solicitor.
Is there any other type of action we could take to recover our deposit?
Thanks,
Ro Constable.
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

Do you know his address?

Does he trade as a limited company?

Expert:  Jo C. replied 10 months ago.

.

Customer: replied 10 months ago.
Hi Jo,
I believe they are. NBT Construction. They have a registered office in Ashford:
***** Ashford. TW15 1AD. We have their VAT registration detailsRo.
Expert:  Jo C. replied 10 months ago.

Are they a limited company?

To whom did you pay the deposit?

Customer: replied 10 months ago.
they are. We paid the deposit directly to their bank account.
Expert:  Jo C. replied 10 months ago.

Do you know how long they have been trading?

Customer: replied 10 months ago.
I believe they've been trading under that name for 3 years.
Expert:  Jo C. replied 10 months ago.

You can always sue them.

There is always a risk with limited companies because they can close down but if they have been trading for three years that is not all that likely.

You don't need to use a solicitor. You can claim at the small claims court and self represent. This is not a complicated case.

That said, there are no other ways of forcing them to pay if they are unwilling.

You could always send them a letter before action which might be effective.

Expert:  Jo C. replied 10 months ago.

But if they ignore that then the only way to get a judgment that you can enforce is to sue.

You can issue here

www.moneyclaim.gov.uk

Can I clarify anything for you?

Jo

Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thanks Jo. As we have sent them repeated correspondence with no response or action, I don't think that course of action will work. So we will pursue them via small claims.Is there any chance you can provide me with the links for making a claim via the small claims court?
Customer: replied 10 months ago.
Thanks for your advice Jo. Nothin else to clarify.Thanks again.Ro.

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