been framed

[wilmafellows]

Is there anything I can do if a 19 year old kid done me out of some money...I got talking to his Dad and his Dad recommended I speak to his son to help me fit a new rear window for my car..this is a very old car and apparently the lad has done this kind of job before. Anyway I paid him the money to get the windscreen from the scrap metal place and now he just ignores me and the Dad does not seem to be off any help...thought I would get it cheaper...and give a young person a bit of pocket money...and this is how I get treated. Any suggestions

[Buenchico]

(2-part post):

You've posted this under 'Law', so I'll try to outline the legal position (as I understand it). However, you need to remember that some people are more frightened of possible court action than others; it might be that the only guaranteed way to get your money back would be to send round a couple of big guys with baseball bats. (I'm not advocating such a strategy. I'm just stating that a threat of legal action doesn't always get the desired results).

Clearly, you have a civil claim against this guy. He should either do the work or give you your money back. Whether or not he's broken the criminal law would be a matter for a court to decide. If he took your money with no intention of carrying out the work, he's committed a criminal offence. However, if he's just being very slow at carrying out his side of the contract, it remains a civil dispute.

I recommend sending him a formal letter, by recorded delivery (even if he lives next door). Here's a rough draft of the wording I'd use:

[Buenchico]

"Dear Mr _______

On (date) I paid you the sum of �xx for the supply and fitting of a rear window to my car. Despite repeated reminders, you have failed to provide the service which you were contracted to undertake.

Therefore, TAKE NOTICE that:
(i) I now consider our contract, in respect of the fitting of the rear window, to be terminated ;
(ii) I demand immediate repayment of the sum which was paid to you in respect of such contract ;
(iii) if such sum is not paid to me within fourteen days of your receipt of this letter, it is my intention to initiate proceedings in the County Court.

FURTHER TAKE NOTICE that, should I find it necessary to initiate such civil action, I will also report the matter to the Police, in order that they may consider (in conjunction with the Crown Prosecution Service) whether a criminal prosecution should be brought against you, under the provisions of Section 15 of the Theft Act 1968.

Signed,
W.Fellows
(Date)"


Chris

[Upforit]

Give it up and stand the loss. Without proof, he will deny it, if you involve the police I suspect they will tell you it is a civil matter, and the cost of bringing it to a civil court will far out way the loss. Next time, do not take the cheap option. Remember the guy who has �had you over� and I am sure your day will come.