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Contractor used my money for another project

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Posted by: from Guelph
10/25/2021 at 1:07:26 PM

I hired a contractor to do a small kitchenette in my basement. We decided to order our cabinets from Lowe's. I met my contractor and the Lowe's kitchen rep and made my selections.

My contractor put the order through his account for the contractor discount and I paid my contractor. He provided me with a receipt. I thought all was good to go.

A few weeks later, I asked my contractor if he had any ETA on the cabinets and he advised that everything was delayed due to COVID. This went on for weeks. I began to get suspicious and decided to go to Lowe's to see if I could get an update directly.

The sales rep at Lowe's told me that she could not provide me any updates, as the order was under my contractor's name and not mine.

Long story short -- after weeks of trying to get ahold of my contractor, he finally admitted to me that he had cancelled the cabinetry order and used my money on another project. He then said that he couldn't give me my money back, as he didn't have any.

Is there any legal recourse besides Small Claims Court?

Can I press criminal charges for this?

REPLIES (3)
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Micheal from 5 Star Basement in London
Date/Time10/25/2021 at 3:35:34 PM

Hi there,

I am so sorry you are going thru this. And yes call the police its theft. These few crooks make us in the business look bad.

Call the police. Sue him. People like him should be in jail.

Hope everything works out.

Mike

5 Star Basement

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Date/Time10/25/2021 at 5:29:12 PM

I would put together all your paperwork. Receipt for you payment to Lowes. Get the name of the cabinetry person that helped you out and put together the order. As they will be an important witness for you.

Call the police. The contractor should be charged with theft and fraud.

You will also have to go to small claims court to sue the contractor as well.

So sorry you have had to deal with such a lowlife.

Goodluck with everything.

James Fram

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Date/Time10/26/2021 at 1:40:07 PM

You got a "bad" contractor...legal is your only recourse unfortunately, 1st threaten him with this as well as reporting him to the authorities and give him a reasonable timeline to repay the money if he is "willing to do so", if not then sue asap, you could add in the costs to finish the job and pay for cabinets etc. due to his actions & yuor loses, no guarantee you will get but no harm trying. Also call your local consumer advocacy to see if they can also intervene and prevent these crooks from doing to someone else. Have documentation available especially a contract, never hire people without a clear and written contract.

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