Plumber fraud - seeking help

[Harry Bloomfield]

You should send this by Recorded Delivery, so that you can prove they have received it.

No such thing now, it is called 'signed for' delivery.

 

[muggles]

No such thing now, it is called 'signed for' delivery.

Well, every day is a school day!

 

[MD SHAH]

Well hurrah, finally we get there...I hope I'm not going to have to ask every question 3 times before you answer, or I might lose interest.

As he was in your house when you agreed to the work, the contract formed between you is known as an "off-premises contract". In other words, the contract was made away from the trader's premises. This means you have a legal right to a 14 day cooling-off period, during which time you can cancel all the work and demand a full refund. The 14 day period is extended up to a full 12 months if he does not inform you of your right to the cooling-off period in writing, and only reverts to 14 days once he provides you with this written advice of your rights, starting on the day he provides you with such advice. You are not required to give any reason for cancellation. They will be entitled to recover any materials supplied to you so far, if they so wish.

As it's a Ltd company you're dealing with, your contract is with the company, not the individual who visited your home. As such, you can start proceedings against the company, beginning with sending them a formal letter requesting cancellation of your contract under the terms of the Consumer Rights Act 2015 and a full refund. State that you are happy to arrange for them to collect all materials supplied to you once they have confirmed the cancellation of the contract. Also give them 14 days to respond, and advise that if you have not heard from them within 14 days you will commence court proceedings against them. You should send this by Recorded Delivery, so that you can prove they have received it. Also photocopy the piece of paper he sketched the plan and payment schedule out on and send a copy of that with the letter. Until such time as it's proved otherwise, I would suggest you assume that the company whose details Denso linked to earlier are the company you are dealing with, even though they are in Lutterworth and you are not. It's not unusual for traders from other areas to travel to London for work.

Once you've done this, wait to see what their response is. What they say to you will guide your next move.

sorry, I thought it will be clear when I said “he came to my house”.

thank you so much for clear & detailed advice.

There is a builder who knows me. He is ready to complete my work but pay only material cost now & labour later when I hv money. And my friend is upset and want to help. I gave the job to the fraud because of rating.

Can I give this work to others or wait for court judgement? How long Court judgement takes?

I can save present status by pics & videos.

 

[muggles]

You should at least wait for a response from the company to the letter I've advised you to send before you do anything. If you send it tomorrow, it should be there by Thursday, and they then have two weeks to respond. Don't do any work until that two weeks has passed, as it could damage your case if this does go to court. What you do after that two weeks will depend on what response they give you.

In the meantime, yes take lots of photos

 

[johnny2007]

yes I live in west London. I think “[removed]” is just a name used but this guy is the one replying email.
Yes he is big fat guy but not so tall may be 5’10” Max.

No, different fraudster.

 

[MD SHAH]

Pls check if my draft is ok and I sent it by email and will send to his address tomorrow:


Dear [removed],

I would like to inform formally that I want to cancel "off-premises contract", formed between you and me at my house, XYZ address on 13th July 2020, as you have failed to keep promises and meet datelines ( though law doesn’t require me to give reason for cancellation).

I’m cancelling contract within 14 day cooling off period, and so I am asking you for full refund, under the terms of the Consumer Rights Act 2015.

For your info, The 14 day period is extended up to a full 12 months if you do not inform me of my right to the cooling-off period in writing, and only reverts to 14 days once you provide me with this written advice of my rights, starting on the day you provide me with such advice.

I’m happy to arrange for you to collect all materials supplied once you have confirmed the cancellation of the contract. I give you 14 days to respond, and advise that if I have not heard from you within 14 days, I will commence court proceedings against you.



Regards,
Md Shah

 

[johnny2007]

Sorry to disappoint you, butt it's a limited company.
He will close it and open another one before you can blink.
His personal liability is zero, unless you can prove he acted dishonestly and convince the police to do something about it (good luck with that).
However, trying doesn't cost anything.
Your only hope would be if in any paperwork he gave you the word "limited" has been omitted: in this case you could sue him personally and hope he has some assets (unlikely).

 

[MD SHAH]

Pls check if my draft is ok and I sent it by email and will send to his address tomorrow:


Dear [removed],

I would like to inform formally that I want to cancel "off-premises contract", formed between you and me at my house, XYZ address on 13th July 2020, as you have failed to keep promises and meet datelines ( though law doesn’t require me to give reason for cancellation).

I’m cancelling contract within 14 day cooling off period, and so I am asking you for full refund, under the terms of the Consumer Rights Act 2015.

For your info, The 14 day period is extended up to a full 12 months if you do not inform me of my right to the cooling-off period in writing, and only reverts to 14 days once you provide me with this written advice of my rights, starting on the day you provide me with such advice.

I’m happy to arrange for you to collect all materials supplied once you have confirmed the cancellation of the contract. I give you 14 days to respond, and advise that if I have not heard from you within 14 days, I will commence court proceedings against you.



Regards,
Md Shah

should I add this?

“If you are willing to accomplish the work with proper roadmap, you are most welcome. I open the door to restore the trust, remove misunderstanding and resolve the matter in mutual & peaceful way”

regards

 

[MD SHAH]

Sorry to disappoint you, butt it's a limited company.
He will close it and open another one before you can blink.
His personal liability is zero, unless you can prove he acted dishonestly and convince the police to do something about it (good luck with that).
However, trying doesn't cost anything.
Your only hope would be if in any paperwork he gave you the word "limited" has been omitted: in this case you could sue him personally and hope he has some assets (unlikely).

he drives Range Rover

 

[oldbutnotdead]

he drives Range Rover

Probably leased or on HP so not seizable.
I'd keep your cancellation letter short. Key dates, exercising your right to cancel as detailed above, name of the law, arrangement to recover materials once refund paid, issue proceedings in 14 days, forget the rest.
Keep an eye on Companies House, if he is a bit sluggish folding the company and leaves it til after you've issued proceedings you may be able to get any winding-up application stayed until your case reaches court. He'll still hide the company assets somewhere but you can make his life more difficult

 

[MD SHAH]

Probably leased or on HP so not seizable.
I'd keep your cancellation letter short. Key dates, exercising your right to cancel as detailed above, name of the law, arrangement to recover materials once refund paid, issue proceedings in 14 days, forget the rest.
Keep an eye on Companies House, if he is a bit sluggish folding the company and leaves it til after you've issued proceedings you may be able to get any winding-up application stayed until your case reaches court. He'll still hide the company assets somewhere but you can make his life more difficult

How will I keep on eye? Where? U mean I keep checking if the company is active in the link given earlier?

 

[muggles]

Pls check if my draft is ok and I sent it by email and will send to his address tomorrow:


Dear [removed],

On 12th July 2020 you visited my home to quote for the installation of a bathroom and replacement boiler. You calculated the costs of £5900 for the bathroom and £2700 for the boiler whilst you were there [please see attached photocopy of your calculations carried out on site], and I immediately accepted, thereby forming an off-premises contract between us under the terms of the Consumer Rights Act 2015. I paid you a deposit of £1500 on the following day, 13th July 2020, and a further two amounts of £1450 and £2700 on 14th July at your request.

I have now changed my mind and would like to inform you formally that I want to cancel our contract and receive a full refund, as is my right within the cooling-off period provided for in the Consumer Rights Act 2015.

As some materials have now been delivered to site, I will be happy to arrange for you to collect all materials supplied once you have confirmed the cancellation of the contract.

I give you 14 days to respond, and advise that if I have not heard from you within 14 days, I will commence court proceedings against you.

Regards,
Md Shah

I've edited it for you, see my italics above. The bit in [square brackets] is based on the assumption that you still have his calculations to hand, as you've not said whether you've still got it or not when I've mentioned it previously.

You don't need to inform him of the content of the law. It's up to him to know what the law says, and you'll do yourself no favours by trying to quote it to him. Thus I've deleted that bit.

Hope that helps

 

[muggles]

should I add this?

“If you are willing to accomplish the work with proper roadmap, you are most welcome. I open the door to restore the trust, remove misunderstanding and resolve the matter in mutual & peaceful way”

regards

NO. ABSOLUTELY DEFINITELY DO NOT SAY THIS.

You need to be clear and unambiguous. You are cancelling the contract, end of story. You must not be in any doubt about that, nor give him any wriggle room. It will come back to bite you later

 

[Harry Bloomfield]

Is the OP certain that the company he is suing is the actual company, rather than this guy simply assuming the same company name? Do the contact numbers match?

 

[bernardgreen]

I would like to inform formally

Better to say "This is to inform you that I am cancelling the contract ~~~~"

"I would like" is a bit weak