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Urgent advice please

Posted: Mon Feb 26, 2024 10:02pm
32 replies14 members subscribed
Twinselect

Twinselect

Helpful member

Posts: 198

117 helpful points

Location: Camposol

Joined: 1 Mar 2019

Hi all

Please can you help me in the right direction.

I'm a holiday home owner on camposol. I paid a tradesman ( won't mention names yet ) a lot of money in cash. As I wasn't set up for transfer at that time.

He said he will not charge tax . He done the job and it all has to be done again as it was awful and is now falling apart.

I've contacted him to ask to be reimbursed, as I now have to pay someone else to do that job properly. 

He doesn't want to know, so my only option is to report him for none payment of tax on my job ( and there's properly others ) I have evidence he didn't want to pay or declare tax.

How do I report him to the authority so he gets investigated 

I'm uk based. So i don't know how to sort this.

Thanks in advance

Roland

Posted: Tue Feb 27, 2024 8:46am

Roland

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Posts: 3535

2596 helpful points

Location: Camposol

Joined: 23 Feb 2018

Posted: Tue Feb 27, 2024 8:46am

I think you need to be very careful about 'reporting' the guy.

You could be as liable as him regarding non payment of tax.

Twinselect

Posted: Tue Feb 27, 2024 8:54am

Twinselect

Original Poster

Helpful member

Posts: 198

117 helpful points

Location: Camposol

Joined: 1 Mar 2019

Posted: Tue Feb 27, 2024 8:54am

Roland wrote on Tue Feb 27, 2024 8:46am:

I think you need to be very careful about 'reporting' the guy.

You could be as liable as him regarding non payment of tax.

Thanks Roland

I have proof that I've questioned him about that and if he should declare everything 

hilaryskitchen

Posted: Tue Feb 27, 2024 11:03am

hilaryskitchen

Helpful member

Posts: 403

325 helpful points

Location: Camposol

Joined: 30 Oct 2017

Posted: Tue Feb 27, 2024 11:03am

Twinselect wrote on Mon Feb 26, 2024 10:02pm:

Hi all

Please can you help me in the right direction.

I'm a holiday home owner on camposol. I paid a tradesman ( won't mention names yet ) a lot of money in cash. As I wasn't set up for transfer at that time.

He said he will not charge tax . He done the job and it all has to be done again as it was awful and is now falling apart.

I've contacted him to ask to be reimbursed, as I now have to pay someone else to do that job properly. 

He doesn't want to know, so my only option is to report him for none payment of tax on my job ( and there's properly others ) I have evidence he didn't want to pay or declare tax.

How do I report him to the authority so he gets investigated 

I'm uk based. So i don't know how to sort this.

Thanks in advance

Hi

     Did you get permission from Mazarron Council to carry out the building work ?

Phil.

Twinselect

Posted: Tue Feb 27, 2024 11:38am

Twinselect

Original Poster

Helpful member

Posts: 198

117 helpful points

Location: Camposol

Joined: 1 Mar 2019

Posted: Tue Feb 27, 2024 11:38am

hilaryskitchen wrote on Tue Feb 27, 2024 11:03am:

Hi

     Did you get permission from Mazarron Council to carry out the building work ?

Phil.

Hi Phil

It was just wall and floor tiling ( replacement ) 

Nothing new that wasn't there before 

Cheers 

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RichT

Posted: Tue Feb 27, 2024 2:42pm

RichT

Super helpful member

Posts: 1142

1271 helpful points

Location: Lorca

Joined: 13 Sep 2019

Posted: Tue Feb 27, 2024 2:42pm

In my opinion, your 'only option is to report him for none payment of tax on my job' is more like revenge than actually resolving the situation. 

As per Roland's comment, if you have 'evidence', which I would assume is WhatsApp or text messages, then equally he would have evidence that you knew and aided the evasion of tax, so you would also be in a difficult legal position.

However, you do have another option... 

Most businesses (including self-employed tradesmen) have to provide Complaints Forms by law. Firstly, I would ask him to provide a Complaints Form, then, if he refuses, tell him that you will go to the local Police (they can report him and he would be fined for not providing a complaints form). This may trigger a response. If he still refuses then you need to back up your words with actions and report him to the Police. Obviously, this would best be done when you are here, rather than try and do it from the UK, but if you have lost a lot of money, I would suggest it's worth the price of a flight and a couple of nights in a hotel to do so. This does rely on you having a business or personal address for him. 

If he provides a Complaints Form, then follow that process with the Consumer Affairs department at the council. Normally, they will require him to rectify faulty work (which I accept might be difficult if you've got to this stage and lost faith in each other). Alternatively, you should get quotes for someone else to do the required works and the council may agree with him, or order him, to pay that sum to you (note - not refund what you paid him, bu the cost of rectifying the work). He may, of course, give you your money back (minus the cost of any reusable materials) just to get rid of you.

Hope this helps!

Gaxx

Posted: Tue Feb 27, 2024 3:07pm

Gaxx

Helpful member

Posts: 105

83 helpful points

Joined: 22 Apr 2021

Posted: Tue Feb 27, 2024 3:07pm

Twinselect wrote on Mon Feb 26, 2024 10:02pm:

Hi all

Please can you help me in the right direction.

I'm a holiday home owner on camposol. I paid a tradesman ( won't mention names yet ) a lot of money in cash. As I wasn't set up for transfer at that time.

He said he will not charge tax . He done the job and it all has to be done again as it was awful and is now falling apart.

I've contacted him to ask to be reimbursed, as I now have to pay someone else to do that job properly. 

He doesn't want to know, so my only option is to report him for none payment of tax on my job ( and there's properly others ) I have evidence he didn't want to pay or declare tax.

How do I report him to the authority so he gets investigated 

I'm uk based. So i don't know how to sort this.

Thanks in advance

Hi, very sorry to read about the mess you have been left with and I sincerely hope you find a resolution soon but if you don't then  you should leave a review (on his website if he has one) but also consider naming and shaming him on this site in order to prevent other residents engaging his services and ending up in the same situation as yourself. Good luck I hope you get a satisfactory outcome.

Gaxx.

Twinselect

Posted: Tue Feb 27, 2024 3:31pm

Twinselect

Original Poster

Helpful member

Posts: 198

117 helpful points

Location: Camposol

Joined: 1 Mar 2019

Posted: Tue Feb 27, 2024 3:31pm

RichT wrote on Tue Feb 27, 2024 2:42pm:

In my opinion, your 'only option is to report him for none payment of tax on my job' is more like revenge than actually resolving the situation. 

As per Roland's comment, if you have 'evidence', which I would assume is WhatsApp or text messages, then equally he would have evidence that you knew and aided the evasion of tax, so you would also be in a difficult legal position....

...

However, you do have another option... 

Most businesses (including self-employed tradesmen) have to provide Complaints Forms by law. Firstly, I would ask him to provide a Complaints Form, then, if he refuses, tell him that you will go to the local Police (they can report him and he would be fined for not providing a complaints form). This may trigger a response. If he still refuses then you need to back up your words with actions and report him to the Police. Obviously, this would best be done when you are here, rather than try and do it from the UK, but if you have lost a lot of money, I would suggest it's worth the price of a flight and a couple of nights in a hotel to do so. This does rely on you having a business or personal address for him. 

If he provides a Complaints Form, then follow that process with the Consumer Affairs department at the council. Normally, they will require him to rectify faulty work (which I accept might be difficult if you've got to this stage and lost faith in each other). Alternatively, you should get quotes for someone else to do the required works and the council may agree with him, or order him, to pay that sum to you (note - not refund what you paid him, bu the cost of rectifying the work). He may, of course, give you your money back (minus the cost of any reusable materials) just to get rid of you.

Hope this helps!

Hi rich

That's really good advice. Thank you

Ian

JABO999

Posted: Tue Feb 27, 2024 8:19pm

Posts: 32

27 helpful points

Location: Camposol

Joined: 2 Feb 2024

Posted: Tue Feb 27, 2024 8:19pm

Gaxx wrote on Tue Feb 27, 2024 3:07pm:

Hi, very sorry to read about the mess you have been left with and I sincerely hope you find a resolution soon but if you don't then  you should leave a review (on his website if he has one) but also consider naming and shaming him on this site in order to prevent other residents engaging his...

... services and ending up in the same situation as yourself. Good luck I hope you get a satisfactory outcome.

Gaxx.

Name and shame, stop others getting done, about time these bad builders were brought to task by the sound of it, get the reg number also of there vehicle, and post it out to residents.

Twinselect

Posted: Tue Feb 27, 2024 8:37pm

Twinselect

Original Poster

Helpful member

Posts: 198

117 helpful points

Location: Camposol

Joined: 1 Mar 2019

Posted: Tue Feb 27, 2024 8:37pm

JABO999 wrote on Tue Feb 27, 2024 8:19pm:

Name and shame, stop others getting done, about time these bad builders were brought to task by the sound of it, get the reg number also of there vehicle, and post it out to residents.

Believe you me.

This will be done, I just want to try the authority or police first.

So I don't end up in trouble . And he must be doggy as I can only message his wife,.who doesn't reply.

I wonder if he's even meant to be in spain ?

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