The builder took my deposit and won't reply: what to do

Most cases of "the builder took my deposit and disappeared" fall into one of three patterns. The right action depends on which pattern you are in, and you cannot tell which from the absence of contact alone.

This guide moves you from "I think I have lost my money" to a definite answer, and a sequence of recovery options if the answer is bad.

The three patterns#

Pattern 1: slow but legitimate. The builder is busy, ill, or disorganised. They will reply eventually. The deposit is not at risk; the project will start later than you wanted. About 60% of "disappeared" complaints turn out to be this.

Pattern 2: disputed but solvent. The builder believes there is a reason for the delay or a problem with the contract; you are unaware of their position. They are still trading. Resolution is via written communication and, if needed, civil action.

Pattern 3: vanished. The builder is unreachable, the company is dissolving or dissolved, or the trader is non-responsive across multiple channels for an extended period. This is the case you most fear and the case where speed matters most.

Step 1: Confirm which pattern this is#

Before you escalate, take 30 minutes to gather facts.

Check Companies House. If the builder trades as a limited company, search for the company at find-and-update.company-information.service.gov.uk. Look at the status field. Anything other than Active changes the pattern immediately; see our builder-gone-bust guide instead.

Check the trading address. Drive past, or look at recent reviews on Google Maps and trade-body sites. Are other customers reporting the same? Is the office still there?

Check the bank. If the deposit transfer was returned or rejected, the receiving account may have been closed. The bank will not tell you this directly, but the original transfer record will show.

Check social channels. Businesses that are still trading post on their company Facebook, Instagram, or website. A six-week silence across all of them is a Pattern 3 signal.

If two of those four checks come back ambiguous, you are in Pattern 1 or 2 and should slow down. If three or more come back negative, you are in Pattern 3 and should accelerate.

Step 2: Make a written record#

Whichever pattern you are in, document everything in writing now. This takes priority over phone calls.

Send a dated email to every email address you have, summarising:

• The original quote and price
• The deposit paid, with date and method
• The agreed start date
• The dates and channels of contact attempts since
• A specific deadline for response (seven business days is reasonable)
• A statement that, in the absence of response, you will treat the contract as repudiated and pursue the deposit through formal channels

Send the same content as a signed letter by recorded delivery to:

• The trading address from the quote
• The registered office address from Companies House (if a limited company; these are often different)

Keep proof of postage. Keep proof of delivery (or refused delivery; that matters legally).

This is not pointless paperwork. UK contract law gives more weight to written communication than verbal, and a court will expect to see this record before treating a builder's silence as breach.

Step 3: Try the formal contact#

If you have not already, call the builder's published landline (not just mobile) at three different times of day. Phone records appear in court evidence. A mobile number that rings out is less probative than a landline that does not exist.

If the builder trades as a limited company, email the registered email address on Companies House if it differs from the trading email. Some limited companies have separate "for filings" addresses that are still monitored when the trading email is being ignored.

Allow seven business days from the formal letter. After that, the recovery sequence begins.

Step 4: Section 75 and chargeback#

If the deposit was paid by credit card and was between £100 and £30,000, Section 75 of the Consumer Credit Act 1974 makes the card issuer jointly liable for the builder's failure to perform. Claim the full amount from the card issuer, regardless of whether the builder is contactable.

Submit the claim with:

• The original quote
• The deposit transaction detail
• Your written communication record (Step 2)
• A statement explaining why the builder has failed to perform

Most card issuers settle Section 75 claims within 8–12 weeks. They are required by FCA rules to investigate, even if they ultimately refuse.

If the deposit was paid by debit card, chargeback may apply. Time limits are 120 days from the payment (sometimes 540 days, depending on the scheme). Banks have more discretion to refuse than under Section 75.

Bank transfers are not covered by either scheme. Recovery routes are court action or insolvency claim only.

Step 5: Action Fraud#

Report to Action Fraud once you have moved through the steps above. The report does not directly recover money, but:

• It enters the National Fraud Intelligence Bureau's database, where multiple reports about the same trader can trigger investigation
• The police reference number it generates is required by some Section 75 claims and adds weight to a court case
• It contributes to Trading Standards' picture of repeat offenders

The report takes about 20 minutes online. Have your evidence file from Step 2 to hand.

Step 6: Money Claim Online#

If recovery via Section 75 fails or does not apply, the next route is the small-claims court via Money Claim Online. Claims up to £10,000 are handled in the Small Claims Track, which is designed to be navigated without a solicitor.

The court fee scales with the claim value (for a £2,500 deposit, around £185, recoverable from the defendant if you win). The process:

1. File the claim online with evidence
2. Defendant has 14 days to acknowledge
3. If they ignore, you apply for a default judgment
4. If they defend, the case is allocated to a hearing

Default judgments are common when the builder has gone silent. Winning the judgment is the easy part. Enforcing it is the hard part. If the defendant has no assets, the judgment is a piece of paper. Tools include:

• A High Court enforcement officer (bailiff)
• An attachment of earnings order if the defendant is employed
• A charging order against any property they own

Each costs more in fees and takes more time. For deposits under £1,000, many homeowners do not pursue enforcement on cost-benefit grounds.

Step 7: Director-level recourse if a phoenix pattern is involved#

If, between you paying the deposit and the disappearance, the limited company has been dissolved or replaced by a near-identical successor company with the same director, you may have a wrongful trading claim against the director personally.

This is technical and rarely worth pursuing without legal advice for amounts under £10,000. But the existence of the claim affects how a liquidator (if one is appointed) handles the case, and it can support a Section 75 dispute. See our phoenix-companies guide for the patterns to look for.

Realistic recovery odds#

A rough sense of what to expect, by recovery route:

• Section 75 (credit card, deposit £100–£30,000): recovery rate over 80% when the claim is well-evidenced
• Chargeback (debit card): 40–60% depending on bank and timing
• Small-claims judgment, defendant solvent: 70%+ recovery
• Small-claims judgment, defendant insolvent or assetless: under 10%
• Insolvency creditor claim, unsecured: typically pennies in the pound

Choose your effort accordingly. A £500 cash deposit to a sole trader who has gone silent is, in practice, often a sunk cost. A £4,500 deposit on a credit card to a limited company is almost always recoverable through Section 75.

How to prevent this happening next time#

• Pay deposits by credit card if at all possible, even if a discount is offered for transfer
• Cap deposits at 10–15% of the contract value
• Get the company number in writing before paying anything; verify on Companies House before transfer
• Stage subsequent payments after work, not before