Small claims against sole traders- any experiences or should I just cut my losses?

Xcellor

So it's becoming increasingly likely that someone I paid to do some work in my garden is not going to complete. Work originally started in April and still incomplete. Even the stuff that is "complete" remains unfinished. The money has been paid because despite assurances before the work started i.e. deposit was enough until work completed he came looking for more and with the garden half dug up it's a very hard to argue.

So the work remaining is some concrete probably less than 1 meter cubed, linking some drainage channel with storm drain.

He was supposed to come on Thursday, no show. I contacted him today and he said he wasn't able to come until Monday. He doesn't bother to let me know when he won't show up. At this point it's past the point of being funny. Ive asked him to come this evening, saturday/sunday and finish the remaining work. He's given multiple assurances of completion prior to this and its still not there.

At this point im considering getting someone else up to quote for the remaining work and requesting money back.

I've been too nice and perhaps that's why I'm in this problem but at this stage I'm thinking its time to cut losses. Any advice on how to proceed?

Claw Hammer

Tell him you are getting someone else and you reserve the right to recover the cost from him.

Effects

I know it's a bit late now, but for future, don't pay ahead of the job being completed.

feelings

Similar problem. Took a chap to court via small claims and won. Max claim too (EUR 2k) Judge only took a few mins to rule in my favour after seeing the photos of unfinished works and messages requesting he finish the work etc. Cost to apply is minimal.

He claimed he was unable to pay but was forced into a payment plan by the sheriff. Took a few years to get the 2k but it was very satisfying to see justice done.

Absolutely make a small claims application.

Xcellor

https://www.boards.ie/discussion/comment/119121356#Comment_119121356

Apart from the initial 25 euro, what else is involved?

I mean I can take photos of the work that hasn't been completed or "completed" according to his ideas. Fence hanging off the wall. etc.

Just concerned he could lie and say I never paid etc? I mean he's not issued receipts etc.

Xcellor

https://www.boards.ie/discussion/comment/119121319#Comment_119121319

This sounds great but when you are trying to get something done by deadline, your garden is upside down and a lad is saying he needs money or he can't continue... You could pull the plug at that point but you're really over a barrel.

MakersMark

Also let Revenue know what you've paid him.

Still stihl waters 3

https://www.boards.ie/discussion/comment/119121912#Comment_119121912

He doesn't need to show proof of receipt if you can show records of a bank transfer, cheque etc.

Still stihl waters 3

https://www.boards.ie/discussion/comment/119142641#Comment_119142641

Wouldn't there be a paper trail anyway, why would there be a need to inform revenue

MakersMark

Op says no recipts issued.

Still stihl waters 3

https://www.boards.ie/discussion/comment/119142650#Comment_119142650

I know that but records of bank transfer or whatever method of payment should exist, that would be enough evidence for any judge to rule in their favour

MakersMark

Without doubt this is an undeclared cash in hand job.

If he won't play ball, then shop him to Revenue.

Still stihl waters 3

https://www.boards.ie/discussion/comment/119143229#Comment_119143229

What would happen if he claimed he'd never been paid