North Staffordshire Justice Centre (Image: Google Street View)

Rogue builder took nearly £3.5k from a 'friend' before 'losing almost everything'

Builder Kelvin Humphries ended up losing his house when 'everything got on top of him' and his business went under

by · Birmingham Live

A 'hopeless businessman' demanded a 'friend' paid him £3,470 upfront to for building work that was never carried out. Builder Kelvin Humphries ended up losing his house when 'everything got on top of him' and his business went under.

Humphries, 59, had said he'd put a new roof on the customer's conservatory, and had taken the cash as a 'first instalment'. However he said when the cost of materials spiralled and his wife was diagnosed with cancer, jobs began 'running away with themselves'.

He used the cash to pay for materials on other jobs he was working on and failed to carry out the roof work he'd been paid for. North Staffordshire Justice Centre heard the customer eventually asked for the money to be paid back. But when it never arrived back in his account, he contacted the police, resulting in Humphries being handed a 12-month conditional discharge, StokeonTrentLive reports.

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Prosecutor Suzanne Swindail said Humphries became friends with his victim as he was a customer at his fish and chip shop. She told the court the victim had known Humphries was a builder and told him he needed a new conservatory roof at his home.

Following a visit to the man's address in January 2022, Humphries gave him a quote for the work. Miss Swindail said: "Humphries stated he wanted £3,470 cash upfront. The victim agreed to this and transferred the money to him. Once he had got the money he told the man he would come back and have a look at the roof.

"One to two weeks after it was transferred he did go back to the address to take another look at the roof. He told the victim's wife he would need to come back again. After a few weeks he seemed to be making excuses about when he could start the job. A number of attempts were made to contact him. He finally replied and said his wife had been diagnosed with cancer so he had a backlog of jobs. The victim said he understood what he was going through and gave him some space."

The court heard Humphries made more excuses when the victim messaged him again in February 2022. Miss Swindail said: "He messaged him once a month but did not receive a reply. In September 2022, the victim suggested Humphries transfer the money back to him as it was clear there was no intention for the work to be carried out. Humphries did offer to transfer the money back but this never happened. The victim chased it up several times before contacting the police."

Humphries told police officer he had taken the £3,470. He said jobs had been 'running away with themselves' and the economy had changed and things were going up in price. He said things were starting to spiral and the customer caught the brunt of this.

The builder admitted he should have been honest with the victim but said he did not work for six months and had lost everything. He had been buying lottery tickets in the hope he could win and pay off the victim, adding that he had not intended to steal but had just buried his head in the sand.

Humphries, of Burchell Avenue, Stone, pleaded guilty to fraud by false representation. He no longer worked as a builder, according to Mark Bromley, mitigating, and was now a machine and production operative at a factory in Stone.

Mr Bromley said: "This is a case of a hard working builder but a hopeless businessman. At the time of this offence he had no previous convictions. He had worked for himself for 15 years. He always got jobs by word of mouth. He came by this job as he was a customer in the man's fish and chip shop.

"He went along and priced up the job. £3,470 was the first instalment. At the time he had three other jobs. It was shortly after Covid. He tells me the cost of materials started to spiral. The money he received from the victim he used to pay for materials on the other jobs he was doing.

"His wife was suffering from cancer and was having treatment. Things started to get on top of him. His mental health suffered. He and his wife were buying things on credit cards. He lost his house. His marriage started to break up, but luckily that is now back on track, and his wife stands behind him. The business went under. He was not in a position to pay the £3,470. It is not an offence that was dishonest from the outset."

In addition to the conditional discharge, magistrates ordered Humphries to pay £3,470 compensation. He must also pay £85 costs and a £26 surcharge.