Contractor Took Deposit and Didn't Do the Work: Small Claims in England and Wales

They Took the Money and Vanished

A builder takes a £3,000 deposit for a kitchen refit and stops answering the phone. A roofer collects half up front, starts the work, then walks off site with the tiles still stacked in the garden. These scenarios drive a huge share of small claims in England and Wales — and the County Court process is designed to handle them without a solicitor.

The key question the court will ask: was the contract breached, and if so, how much are you owed? That comes down to evidence, not emotion.

Gather the Evidence First

Before writing any letters, collect everything that documents the arrangement and the failure:

• The contract or written agreement — even a WhatsApp conversation confirming the price and scope counts as a contract
• Proof of payment — bank transfer receipt, card statement, or cash receipt
• Photographs — the state of the property before work started, after the contractor left, and any defective work
• Messages and emails — every communication about the job, including any excuses or promises to return
• Quotes from other contractors — if you've had to hire someone else to finish the work, get written quotes showing the cost of completion

The difference between the deposit paid and any value of work actually completed is your claim amount. If the contractor did half the job, you can't claim the full deposit back — only the unearned portion.

Send the Letter Before Action

Under the Practice Direction on Pre-Action Conduct, you must write to the contractor before filing. Identify them by their full legal name — not just "Dave the Plumber." If they trade as a limited company, use the registered name from Companies House and send the letter to the registered office.

The letter sets out:

• What was agreed and when
• What the contractor failed to do
• The deposit paid and the sum you're claiming back
• A 14-day deadline to respond or pay
• That you'll issue a county court money claim if they don't

File the Claim

If the deadline passes with no resolution, a litigant in person can file through Online Civil Money Claims (OCMC) or on paper Form N1; legal representatives must use OCMC for eligible claims. Most contractor deposit disputes fall comfortably within the £10,000 small claims limit.

In the Particulars of Claim, stick to facts. State the agreement, the payment, the breach (abandonment, non-completion, defective work), the loss, and interest under Section 69 of the County Courts Act 1984 at 8% per annum. Reference key documents; do not attach a bulk evidence bundle to the claim form.

Issue fees use the claim value including interest: a £3,000 total attracts a £115 fee; if interest takes it above £3,000, the next fee band applies. If you win, the court orders the contractor to repay the fee.

At the Hearing

The District Judge will look at the contract (or evidence of the agreement), confirm the payment was made, assess whether the contractor breached the agreement, and calculate the amount owed. If the contractor doesn't attend, the judge may deal with the claim in their absence; that is distinct from default judgment, which you request when the defendant misses the response deadline.

If they do show up, be ready for them to argue that the work was partially completed or that you owed additional money. Your photographs and completion quotes from other contractors are your strongest evidence.

The Making a County Court Money Claim guide includes a pre-action letter tracker, a claim value calculator, and a hearing preparation checklist for contractor disputes and other common small claims.

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