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The Builder Has Gone Quiet: What to Do When Your Deposit Walks Out the Door

Alison's Legal
The Builder Has Gone Quiet: What to Do When Your Deposit Walks Out the Door

Photo: builder contractor reviewing paperwork with homeowner at kitchen table UK, via i.etsystatic.com

Few things feel worse than handing over a chunk of savings to someone who promises a new kitchen or extension, then watching the texts go unanswered. If a builder has taken your money and gone quiet, you are probably cycling through anger, embarrassment and panic. All three are understandable. None of them help you get your money back.

The good news — and it is modest good news — is that UK consumer law gives you a route to a remedy. The less good news is that it depends on evidence. Here is how to build a case, keep your head, and work out what to do next.

First, work out what you actually paid for

There is a difference between a deposit and a stage payment. A deposit is money paid up front, before work starts, to secure the job and maybe buy materials. A stage payment is released when an agreed part of the work is finished — say, when the footings are in or the first fix electrics are done.

That distinction matters. A large deposit is not automatically unlawful for most domestic building work, but it does put more risk on you. If the builder asks for 50% before lifting a tool, ask what it covers. Get receipts. If they want cash, say no. Cash is hard to trace and gives you fewer protections.

What makes a quote or contract useful?

A text saying '£8k for the extension, starts Monday' is not much of a contract. A useful quote or contract should set out:

Under the Consumer Rights Act 2015, services must be carried out with reasonable care and skill, and within a reasonable time if no deadline is agreed. Information the trader gives you about themselves, the price or the service can be part of the contract. That is why screenshots and written quotes matter.

Build the paper trail now

Start a folder — digital or physical — and put everything in it. Bank statements, receipts, the original quote, variations, texts, WhatsApp messages, emails, photos of the site, a diary of dates and conversations. If you have only spoken on the phone, send a follow-up email: 'Just to confirm what we agreed today...' That turns chat into evidence.

Write a short timeline. Date you paid. What was promised. What actually happened. Any excuses. Any missed dates. Keep it factual, not furious.

The polite but firm letter

Before you threaten court, send a formal written complaint. Keep it clear and unemotional. Set out what you paid, what was agreed, what went wrong, and what you want — a refund, the work finished, or compensation for delay. Give a deadline, usually 14 days, and say you will take further action if they do not respond.

Send it by email and by post if you have an address. Keep proof of sending. This letter is often called a 'letter before action'. If you end up in the small claims court, a judge will want to see that you tried to sort it out.

Check who you are dealing with

If the builder has gone quiet, look them up. Companies House will tell you if the company is still active, dissolved, or has changed directors. Ask for their VAT number if they are VAT registered. Check whether they have insurance or belong to a trade body with a dispute resolution scheme. A dissolved company is a red flag and may limit your options.

If you paid by credit card and the job cost between £100 and £30,000, you may have a claim against the card provider under Section 75 of the Consumer Credit Act. Debit card payments do not have the same legal right, but your bank may offer a chargeback scheme. Ask quickly — time limits apply.

Realistic routes to a refund

Negotiation is cheapest. Mediation or a trade body's dispute scheme can work if the trader engages. If not, the small claims court is designed for exactly this kind of row. In England and Wales, the small claims track generally deals with claims up to £10,000. Scotland and Northern Ireland have different procedures and limits.

You do not usually need a solicitor for a small claim, but you do need evidence. The court can order the trader to pay, but it cannot magic money out of an empty bank account. That is why checking the company's status early matters.

You can also report the trader to Trading Standards through Citizens Advice. If you suspect deliberate fraud — they took money with no intention of doing the work — report it to Action Fraud. It will not necessarily get your money back, but it adds to the pattern.

Keep the door open

It is tempting to name and shame on social media. Do not post anything untrue or abusive. Stick to facts. A calm, documented complaint is more likely to get a response than a public row.

Finally, do not throw good money after bad. If the builder asks for more cash to 'unlock' the job, stop. Get advice. The goal is to recover what you can, not to win a shouting match. It is not a nice situation, but you are not powerless — and the paperwork you keep now is what gives you a fighting chance later.

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