What Are The Options if Someone Does Not Return Your Advance Deposits

Abhiju20 on 05/02/2017 - 09:15
Last edited 05/02/2017 - 10:23 by 1 other user

Hi Fello ozbargainers, I am sure you can help me here.

Long story short. I am doing some renovation work in my house. I found a Tiler who is supposed to work on laying out new tiles. I handed over to him $ 750 as a deposit before starting the work. Now just before starting the work, he increased his price which I refused to accept. I have cancelled the job with him and replaced him with a reliable company to do my work.
Th problem starts now - initially he was saying he will keep $250 and give the rest of the money back. Now this guy has refused my $750 refund. I have his quotation that says he took the deposits. I have also my mobile texts that suggest he has refused the payment back.

So - what are my options ? This is uttter shame that he is holding of the money. So far I have been always nice to him while asking for the money.

Any suggestions ?

• 

  Stewardo on 05/02/2017 - 09:28

  +1

  Did the size or the work required on the job change after the quote?
  Did you require work done that hadn't been quoted for.
  Did the tradesman have to buy any stock?
  If not maybe call Department of Fair Trading

  • 

    Abhiju20 on 05/02/2017 - 10:51

    Thanks mate. No the work has not changed since we discussed - it's just the tile size that he has a problem with. Which was never mentioned anywhere. He just had to do the labour plus some cement etc. Tiles are provided by me.He has an ABN and is registered with Serviceseeking

    • 

      Stewardo on 05/02/2017 - 10:58

      +3

      The tile size will change the price considerably he really should have specified this in his quote. I can see him being put out if he had to buy cement glue grout etc as it does add up, not to mention he would have scheduled your job, but most places would let him return stock if he had a relationship with his supplier, it think $750 is a bit rich, I'd try to get most of this back. Thru the correct channels.

      • 

        Abhiju20 on 05/02/2017 - 12:02

        Yep, that's what I am trying to understand- where can I go ? Or rather, what are those correct channels ? This guy has been extremely rude so far although I have played nice.

        Going to local police station and lodging a complaint - will that help ?

      • 

        holdenmg on 05/02/2017 - 12:28

        @Abhiju20:
        The Police won't get involved in a private contractual dispute.

      • 

        Seraphin7 on 06/02/2017 - 09:24

        +1

        A genuine question on the matter of supplies … I hear various tradies on the cost of supplies, etc., but surely items such as cement, glue, grout, etc. are basic tools of the trade for a tiler? It's not like these are specific to one job and couldn't be used elsewhere. Why would there be an issue in the cost of these as I would imagine any unused materials would be used on other jobs by the end of the week?

      • 

        Stewardo on 06/02/2017 - 14:04

        @Seraphin7: no most supplies are job specific, there are many different types of glue depending on the situation, and many colours of grout, these all have a shelf life and need to be handled correctly, you wouldn't buy a years worth of glue of each type and every color of grout and drive around with them in your vehicle, you would just buy enough for that job.
        This is the same for most trades.

    • 

      PVA on 05/02/2017 - 21:17

      Tile size makes a difference to cost for sure.

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  the-mal on 05/02/2017 - 10:17

  I handed over to him $ 750 as a deposit before starting the work

  What paperwork did he hand over in return? It should stipulate the grounds for the deposit.

  And if you handed over $750 without any paperwork or written signed agreements… What were you thinking??

  Nothing else matters but the agreement you entered into. It should stipulate the deposit amount and the terms surrounding payment.

  Speaking frankly the whole purpose of a deposit is that it's not refundable so red flags should've gone up if he asked for more than the non-refundable amount for this precise reason - it's bloody hard to get money back from people.

  What documents/agreements/work orders did you get? And what does your receipt (for the money paid) and invoice or quote say?

  • 

    Abhiju20 on 05/02/2017 - 10:48

    I have his quotation which states he has taken $500 deposit. He later called me and asked for $250 more as his kids school payment is due - which I gave him in good trust. All he did was to turn up at the site once to give me quotation.

    Frankly, the quotation does not say anything about cancellation fee or similar. Moreover the work also has not changed since the deposit. The moment h learned I am going to put 600x 600 tiles, he demanded more money.

    In summary, I have proof for 500, but don't have for 250 that he later requested. (The only other proof is the phone conversation)

    • 

      Kangal on 05/02/2017 - 12:06

      +1

      Do you have a Bank Transaction showing you withdrawing $250 from a teller/atm?
      No? You might have to kiss that $250 goodbye.

      • 

        Abhiju20 on 05/02/2017 - 17:14

        Actually I do. I have proof of that but it will certainly not prove it was handed over to him.

      • 

        tomsco on 05/02/2017 - 17:21

        @Abhiju20: do you have messages from him saying he will withhold the full $750.

      • 

        Abhiju20 on 12/02/2017 - 10:05

        @tomsco: yes, he has sent me text saying he won't give back any deposits.

      • 

        tomsco on 12/02/2017 - 12:11

        @Abhiju20: but was $750 mentioned? If they've mentioned the dollar figure, that's them acknowledging receipt of payment.

    • 

      the-mal on 05/02/2017 - 21:15

      +1

      I have his quotation which states he has taken $500 deposit

      Deposits are nearly always non refundable. That's the main purpose of a deposit.

      He later called me and asked for $250 more as his kids school payment is due

      Why on earth is that your problem? Never ever ever give money over again in this kind of situation unless you never want it back.

      I'm afraid you've been had. Easiest avenue would be leaving bad reviews online (the truth) and letting him know about them telling him you'll remove them if and when he resolves the issue. If he fears it'll hurt his future business he may pay you back, but considering he supposedly needed $250 for "school fees" he doesn't exactly sound flush with cash. A Current Affair may even pick up the story. But I'd say there's a 90% chance your cash is gone.

      This is an expensive lesson but never deal with tradies who want an up front deposit. There are plenty who won't and this situation is ridiculously common.

      The usual (non dodgy) process is: call tradie, they check out the job and give you a written quote (may or may not charge an initial call out fee), negotiate and agree to quote, work is done, payment is made.

      If it's anything other than the above, it's a red flag and move on.

    • 

      jagboy on 06/02/2017 - 07:54

      'The moment he learned I am going to put 600 x 600 tiles, he demanded more money'. What size tiles if any were stipulated / mentioned in the quote? If you have varied / changed the conditions after the quote it seems to me that the tiler is quite within his rights to vary / change the price.

      • 

        Abhiju20 on 12/02/2017 - 10:07

        Nothing was mentioned in the quote about the tile size plus I mentioned to him when he inspected the work for quotation.

• 

  Davo1111 on 05/02/2017 - 11:58

  Ncat

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  atris17 on 05/02/2017 - 12:57

  Legal Aprroch? - Google "legal aid", it a govt sponsor free legal advice and variety matter, it will give u general direction where to go

  • 

    Abhiju20 on 05/02/2017 - 17:14

    Great, let me explore that a bit. Thanks

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  [Deactivated] on 05/02/2017 - 17:15

  If its through serviceseeking, take it up with them, they are insured and will cover you imho

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  chumlee on 06/02/2017 - 08:03

  +1

  Vcat is where you will need to go. Get an order for the refund. He may be the kind of guy that doesn't care about vcat orders so you may need to get the order registered at the magistrates court and then go to the sheriffs office for them to enforce the order and repossess goods to the value of your order.

  It's a lengthy process but that's the world today. Next time either no deposit or pay after each day of completed works.

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  try2bhelpful on 06/02/2017 - 14:15

  I presume you havea signed contract that stipulates a price and that a deposit was paid. The fact that he didn't ask to see the tiles before agreeing to do the job indicates he isn't very professional. I would think that if he refused to do the job, at that price, then he should return the deposit. It does sound like something like NCAT. The problem you might have is that if you threaten to take him to NCAT then he will offer to do the job at the original price and you might be stuck if you have given the job to someone else. Best of luck.