An Elgin tradesman who charged a woman almost £15,000 for an extension three years ago is set to stand trial on a fraud charge – having not even started the work.
Michael Hay invoiced a customer for the work in December 2018 and was paid £14,799 for an extension to her Craigellachie home.
But, more than three years on, he is due to stand trial on a fraud charge after allegedly refusing the woman a refund despite not having built her extension as promised.
The 31-year-old denied the charge against him at Elgin Sheriff Court but agreed to pay the woman the money back in a deal struck with the crown office.
In a bid to ensure the woman got her cash back, the crown office gave the tradesman an opportunity to pay her back in exchange for the prosecutions then being “let to lie”.
Not paid a penny back yet
But six months on from that promise, he’s yet to repay the woman a penny, prompting Sheriff Gordon Fleetwood to run out of patience and set a trial date for the tradesman.
Hay’s defence agent Ben Thom said at an earlier diet this was a “peculiar case”.
“The particular circumstances are important here,” he said. “There’s an acceptance here by Mr Hay that a certain amount of money is owed to the complainer. The crown is obtaining relevant bank details to allow him to pay back the money.
“The complainer has given an undertaking that if the money is put back they will not pursue the matter.
“My instructions from Mr Hay is that he is prepared to pay it.
“That’s the best-case scenario for the complainer … getting her money back.
“What I don’t have from Mr Hay is an assurance of when he will pay it.
“It’s a significant amount.”
Running out of time
But when the case called again this week, there was still no confirmation for the court over when the money would be paid.
And when Mr Thom asked for another adjournment the sheriff refused, stating: “He’s had six months.”
Sheriff Fleetwood said he expects to be “amused” by any excuse Hay can offer in the case.
“This kept getting adjourned on the understanding he would pay the money back,” he said.
“There was an agreement that if a certain amount was paid back then the crown would not take it further.
‘I’m struggling to see what his defence is’
“He accepts he got the money from the woman but refuses to accept he did so fraudulently.
“Given that he has not done the work I’m struggling to see what his defence is.
“He took the money and he didn’t build the extension.
“Is his defence that when people give him £15,000 to build an extension they don’t then actually expect him to build that extension?
“That’s a matter for Mr Hay and I look forward to hearing his defence in due course. It will be a form of amusement on an otherwise potentially boring day.”
Hay, of Langstane Place, Elgin, denies one charge of fraud and another of misleading commercial practice under the unfair trading regulations act.
He is now due to stand trial in May.
For all the latest court cases in Aberdeen, as well as the latest crime and breaking incidents, join our new Facebook group HERE.
