Dealing with deposits

When you take on a home improvement project, especially a larger job, some tradespeople will ask for a deposit before the work starts.

在任何工作开始前交钱会让许多房主感到不安，虽然在绝大多数情况下工作按计划进行，但也有极少数情况下，钱交了但工作从来没有实现世界杯荷兰vs威尔士竞猜。

This guide talks you through how the problem can arise and what you can do about it.

Why tradespeople ask for deposits

Not all tradespeople ask for deposits, but for larger projects, such as extensions or loft conversions that will take several weeks to carry out, it is fairly common to pay some money up front.

Sometimes, this is just a token amount of a few hundred pounds, but in other instances, you may be asked to pay a larger deposit that forms a sizable chunk of the overall value of the job.

The main reason tradespeople give for charging deposits is that it allows them to purchase materials up front.

The other common reason is that it provides a small amount of cover for the tradesperson if you decide to pull out of the job - since they have blocked out the time for your project and may be unable to take on other work for that period, the deposit guarantees them some income for that time.

You’ve paid a deposit, but something is wrong

All cases are different, but there are a few scenarios in which homeowners can find themselves, for example:

• You’ve handed over the deposit, but can no longer make any contact with the tradesperson - they don’t answer their phone, or don’t reply to messages.
• The tradesperson is still in contact but keeps making excuses for why work hasn’t started, and you’re becoming suspicious that the work won’t ever take place.
• After handing over the deposit, the tradesperson has begun asking for more money before they start work, which can raise concerns that they don’t intend to start at all.

If you find yourself in any of these situations, you may not want to continue working with your current tradesperson, and instead get your deposit back.

Keep a record of everything

Ideally, you will have kept some kind of proof that the deposit was paid, even if it was in cash, with the tradesperson having given you a written receipt to show they have taken the money. This will help if you need to take further action later on.

Regardless of how you paid, and whether or not you have a written quote or contract in place, from this point on you should keep records of all your attempts to contact the tradesperson and any responses they make to you.

Even if you speak on the phone, write down the times of the call with notes of what was discussed.

Reclaiming the money

In some instances, you may be able to reclaim your money through your bank or credit card provider.

If you have paid by bank transfer, you may be able to ask your bank if they can recall the money - however, this will depend on the recipient agreeing to it with their bank.

If you paid by credit card, you may be able to make a claim under Section 75 of the Consumer Credit Act and get your money refunded.

Before you make a claim

Although the process of making a claim has been relatively streamlined in recent years, it is still a fairly involved process that requires compiling evidence and potentially attending hearings.

本署亦会向你收取申索费用。如申索不成功，本署不会发还有关费用。

If you do win your case, there is still a chance you will not get your money back if the tradesperson is unable to pay. If the tradesperson has gone out of business or is personally bankrupt, it will make matters more difficult.

You can alsocheck onlineto see if a person or business has been taken to court before and refused to pay.

Sending a letter before you take action

If you want to go ahead with legal action to reclaim your money, the first action should be to send a letter which outlines your claim, giving them a chance to respond - this is known as a letter before claim or letter before action.

This formal letter must comply withPre-Action Protocol，并包括某些细节，如你想要的结果，你如何计算你的索赔，以及你将使用任何文件来支持你的案件。

你还应该声明，如果你还没有尝试调停，你愿意尝试调停。

Your letter should also give a clear and reasonable deadline for them to respond - usually 14 to 28 days.

Citizens Advicehas good resources for how to write a letter before action.

Making a claim

If you haven’t received a satisfactory result from your formal letter, your last resort is to initiate a civil claim against them.

Since you’re claiming a specific amount of money, you should be able to make the claim online through the政府门户网站。

Alternatively, you can download and fill in a paper form which you can post to initiate proceedings.

You will be charged a fee to make a claim, so check that it is worth your while to do - fees begin at £25 if you submit your claim online and are claiming less than £300, but rise to more than £400 for claims of up to £10,000. Fees are cheaper if you claim online, and are repaid to you if you win.

Once your claim is submitted

What happens next depends on how the tradesperson responds.

The threat of imminent action may be enough for them to settle the issue, meaning you get your money back.

他们可能根本不回复，这意味着你可以因缺席而赢得判决。

Or, they can dispute your claim or make a counterclaim. In this case, you will be offered the chance of going through free mediation if you both agree, avoiding court, or you can proceed to a county court hearing where a judge will review your case and make a judgement - hopefully in your favour.