Reclaim a deposit from a builder who never started work
Paying a deposit and then watching a builder go quiet is one of the most common ways people lose money on home work. The good news is that a deposit is an advance payment, not a gift, and you have real rights to get it back when the work is never carried out. This guide covers builders, kitchen fitters, plumbers, electricians and similar trades who took a deposit and then failed to start within a reasonable time.
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Under the Consumer Rights Act 2015 a service must be carried out with reasonable care and skill and, where no date was agreed, within a reasonable time. A builder who takes your deposit and never starts is in breach of contract. You are entitled to a refund of money paid for work not done, because the trader cannot keep money for a service they never provided. Where a date was agreed and missed, or a reasonable time has clearly passed, you can treat the contract as breached and reclaim your deposit. If you paid the deposit on a credit card and the job had a cash price over £100 and up to £30,000, Section 75 of the Consumer Credit Act 1974 makes your card provider jointly liable, so you can claim the deposit back from them. A debit card deposit may be recoverable through the chargeback scheme run by your bank.
Step by step
- 1Gather your evidence: the quote or contract, proof of the deposit payment, and every message where the builder agreed to start or went quiet. Note any dates that were promised.
- 2Write to the builder demanding the return of your deposit. State that no work has begun, that a reasonable time has passed, and that under the Consumer Rights Act 2015 you are entitled to a refund of money paid for work not provided. Give them 14 days.
- 3If you paid by credit card, start a Section 75 claim with your card provider. If you paid by debit card, ask your bank to raise a chargeback, ideally within 120 days of the expected start date.
- 4If the builder still refuses, send a final letter before action, then lodge a small claims case through the Money Claim Online service for amounts up to £10,000 in England and Wales.
What they'll say, and your comeback
“The deposit is non-refundable, it says so on the quote.”
Comeback, A deposit can only be retained to cover genuine costs you have actually incurred. As no work has started and no materials were bought for my job, keeping it would be an unfair penalty and is recoverable.
“We have been too busy but we will get to it eventually.”
Comeback, Under the Consumer Rights Act 2015 the work must be done within a reasonable time. A reasonable time has now clearly passed, so I am entitled to cancel and have my deposit returned.
“We already spent the deposit on materials.”
Comeback, Then please provide receipts showing materials bought specifically for my job. Without proof of genuine costs incurred on my project, the full deposit is refundable.
FAQ
How long is a reasonable time before I can claim?
It depends on the job and anything you agreed. If a start date was given and missed, the clock is clear. If no date was set, repeated delays with no genuine reason over several weeks usually count as an unreasonable time.
What if the deposit was under £100?
Section 75 will not apply, but you can still reclaim it directly from the builder as a breach of contract, and a debit card payment may qualify for a chargeback through your bank.
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A self-serve tool, not a law firm. General information, not legal advice.