Dealing with a Dodgy Builder

Hi people,

Need a bit of advice on how to proceed with dealing with a builder who was supposed to build a carport for us. They have taken an initial deposit and money for the delivery of materials, but we haven't got anything to show so far. The work hasn't started and the materials never got delivered.

They don't reply back despite numerous phone calls and messages. The only communication was last month when they mentioned that one of the guy had some sort of surgery on his hand and the things are getting delayed because of it.

Now, I think that is a load of crap. I am stuck as I don't know whom to approach for help.

Any advise is appreciated.

I am in Victoria.

EDIT 1
I have lodged a complaint to DBDRV.

Also, from Facebook I have managed to find out that the guy who's hand is supposed to have been operated upon was playing golf last weekend. The same guy is also a vice president at a local cricket club and plays for the same club too.

Guy #2 I have managed to find out his home address and phone number, but the home phone always goes to answering machine after a few rings.

Both the guys are fairly active on Facebook.

EDIT 2
Google review of the company (not done by me)…

[Removed for now while the case is with DBDRV]

EDIT 3
Managed to talk to one of them (the one with the hand surgery) yesterday. He wouldn't give me a start date and got angry saying, "I don't need this on a Sunday. Don't call me back" and hung up the phone. Tried to call later, but it went straight to answering machine.

Also, have notified them that an application has been lodged with DBDRV.

EDIT 4
Talked to BACV and was advised that as the amount of contract is less than 10K, it will need to go to VCAT and not DBDRV. Also, was advised to cancel the application to DBDRV.

I will be lodging an application with VCAT today.

EDIT 5
The Google review got updated…

(Liquidated Feb 2017) Do not use this company they are an absolute disgrace got a quote over 10 months ago they took a two and a half thousand deposit and never bothered getting back to me I have sent over 45 text messages and they're only excuse is sorry boss is sick then the next one, boss is been really sick, then the next one boss wasn't really sick boss was overseas! Excuse me!! Have asked them to ring me, no! Have asked them for deposit back, no! How do you people sleep at night after ripping off the elderly!! You should be ashamed of yourselves!! You are not MEN, you are a poor excuse for a human being!! Karma is a great thing and so are Google reviews! And that's why you are getting this one!! ( This is the only authentic one) SHAME ON YOU!!
Foot note:
Have contacted ASIC and this company went into liquidation Feb 2017 and suspect of buying back a month later in March 2017. Now trading under S****c Building. Beware!!

TL;DR - Builder took money and is not doing the work.

Comments

  • -8

    Bikies

    • +21

      Thanks. I have bought a bike this year to go riding. I will ask my mates.

      • +6

        He spelled Bickies wrong, perhaps he meant over a cup of coffee and biscuits. ;)

        Just be sure to document, document & document more, it will potentially help you out. Every time you make that call, every conversation with them. If you have another method of contact email/txt do that too and document some more.
        Never underestimate the power of keeping detailed records. That way when you eventually go to remediation you have your story straight.

        • +1

          Have a record of all the communication that we have had so far with them. I will keep documenting any further conversation as well. I have even messaged one of the guys on whatsapp, I know he read my message but didn't reply.

      • Duff.

    • +1

      So lame

  • I’ll leave it to others who know about your best options for redress, I wish I could help but I just don’t know. Do you think it’s possible that the guy has genuinely injured himself? I mean, I get where you’re coming from, in that you’d think they’d reply to you but sometimes folks are just really bad at communication?

    I hope you can get it sorted, it sounds frustrating to say the least.

    • +5

      I see your point, but even though he is injured, he or his partner should have the courtesy to tell this to his clients. I mean, we should not be chasing him.

      • Yeah I know what you mean. I’ve had that experience where a contractor hurt his back and he kind of just went incognito and another bloke who was just impossible to get hold of. It’s annoying either way.

        • +8

          its Sole Trader 101, if he has taken a customer's money and not delivered, a phonecall (+ ETA dates) is the least that is owed.

        • +1

          @payton: I agree with you. It’s slack and unprofessional not to get back in touch but sometimes life just gets in the way and people just don’t know what to do.

        • +2

          @Jawanzar:
          I did some internet searching last night and found that the guy whose hand is supposed to be broken was playing golf last weekend. Thanks Facebook.

          Obviously, his hand seemed fine.

          These two guys are not answering at all, no matter the channel of communication.

          I can post to their Facebook feeds, but is it going to be helpful?

        • +4

          @homersimpson:

          Urgh, that’s so shitty. I wouldn’t post to their Facebook, but I would take copies of their Facebook feeds now so that you’ve got a copy if they ever try and change or delete them, which I’d imagine they probably would if you posted to their Facebook.

          Sounds like small claims is going to be your best option now I’d say.

          It just sucks though, you shouldn’t have to go to that much trouble.

        • @Jawanzar:

          Urgh, that’s so shitty.

          I know. Pretty bad situation to be in.

          I would take copies of their Facebook feeds now

          I have done that already and will keep monitoring their Facebook feeds.

          Sounds like small claims is going to be your best option now I’d say.

          Is complaining via DBDRV or VCAT going to be helpful or shall I approach small claims directly?

        • @homersimpson: Sorry, I hadn’t seen that you’d already contacted the DBDRV. I would wait until you’ve heard back from them and then assess your options. I’m not sure if submitting a claim through small claims would affect what or how DBDRV operates. It’s probably worth also asking DBDRV what their capabilities are; I.E, are they only able to mediate?

          It’s probably also worth, if you can, seeing if you can access some free legal advice, I guess to try and get a sense of where your best options are.

          It seems like now it’s about gathering as much information as possible and exploring what avenues different bodies can take and use to help you, and then assessing what is your next best option going forward. That’s why I think some free legal advice might be helpful if you can access that.

          I’m not sure if it’s been said but do you have anything in writing with the builder? Emails or Facebook?

        • @Jawanzar:

          I’m not sure if it’s been said but do you have anything in writing with the builder? Emails or Facebook?

          They had been in regular contact with us until last month. After they received the last payment, the contact mostly became one way. One of guy replied on 13th August that the other guy had a surgery on his hand and things are a bit delayed.

          On 24th, after a multitude of phone calls and texts, the other guy replied that they have had a few issues but will contact us shortly. Since then the things have gone quiet again.

          In a nutshell, I have a few things in writing from the builder.

        • @homersimpson:

          I think continue doing what you’re doing by gathering information and wait and see what BDDRV has to say about it.

          I wish I could help more, or offer more advice. Sorry.

  • +1

    How did you pay?

    • Bank transfer

      • +3
        • Lodged a complaint at dbdrv.

        • BACV told me to go to VCAT.

  • Are you building on existing slab or starting from scratch as you'd have other trades starting before the chippies.
    Does it need to go to council ring them and see if it's been submitted.
    A carport say 3.5 x 6 should only take less than a day for a chippy to knock up he could be busy with other bigger things and waiting for a day they can't work (IE roof going on) so they'll come and start yours to carry them over the slack day.

    Or everyone is so busy he can't find any other chippy to cover and he's telling the truth.

    • We have an existing carport that needs to be knocked down and then build a new one.

      Does it need to go to council ring them and see if it's been submitted.

      Thanks, I will check this on Monday.

      • I would think this would still need to go back to council. We had to get ours redone even though we were re-building our verandah on the same spot. This was with Knox council yours might be different

  • +2

    Just tell him your going to fair trading uf works done commence in 1 week. After which you will entertain a mediation process or alternatively commence legal proceedings. Make it a formal sounds email or something.

    If that doesnt get him moving. You should in fact go ti fair trading for advice and determine your available next steps.

    • I have lodged a complaint with DBDRV (as per the link sent above by Scab). Do I still need to go to Fair Trading or just wait until I hear back from DBDRV?

  • +1

    What does your contract say?

  • What was the value of the job?

    • Close to 10K

      • Sorry to hear that man as it means that no contract was required.

        If the builder is a registered builder then I would start with a call to the VBA and explain the situation to them.
        And if they cant assist, and I wouldn't bold my breath, then they may be able to advise on who you should contact next.

        Hope you can sort it out.

        • Thanks, will call VBA tomorrow and see what they advise.

  • They have taken an initial deposit

    How much is the carport and why did they want a deposit?

    • My wife was dealing with them. The carport was $9650 and she paid nearly $8000 according to the payment schedule on the contract.

      She is also upset that this has happened. Coming from a country where these things don't usually happen, she trusted the builders.

      • +11

        The carport was $9650 and she paid nearly $8000

        Wow. She paid nearly the whole invoice as a deposit.

        We never pay a deposit. It’s either do partial work first for an instalment and the rest when the job is finished.

        • Wow. She paid nearly the whole invoice as a deposit.

          I know.

          They had a this on the contract where the payments are to be made on

          1. Deposit
          2. On Check Measure
          3. Order of Kit
          4. Delivery of materials
          5. Completion
        • +2

          @homersimpson:

          If you dont like the contract terms, you don't have to agree and sign it. You can always find someone else with fairer terms.

        • +2

          @Ughhh:

          I know. It is a bit too late for that now.

        • +2

          With that contract they were never going to build it on time, likely never at all.

        • @Jalif:

          So it seems.

      • +1

        Wait up.

        So you do have a contract?

        The terms of the contract will determine your rights here.

        • Not the best place to choose or otherwise engage a builder, faecebork.

          Tradies worth their bacon spend their time doing things like working and fishing, not fooling w fb.

          Anyone can create an fb account, add pretty pictures and then get other foolish, false and friendly accounts endorse their fabulously fake work. If they do it right, they can banks to support their model, and the only recourse you have is to ask the Police and fb to help you chase the fraudsters before they disappear.

          If I were you I'd not just be choosing the tradies from now on, I'd be banning fb from your local network and devices. Statistically, any children you have will encounter serious problems. IOW; They will likely learn bad (as well as other) habits.

          It's a great scam. Let anyone create a business account on the platform, collect thousands from each business that signs up, and let all the dodgy ones monetise the userbase to encourage more signups and 'activity' that drives investors metrics for even more return.

          The revenue is not well enough disclosed to be sure, but Fb may well make more from all this as the scammers do.

        • @resisting the urge:

          I disagree.

          I'm a member of a few networking groups for my Business and while Facebook doesn't work well for B2B, Business to Consumer it works very well for. There's nothing wrong with proudly showcasing your work in an effort to build a name for yourself.

        • @knk: It varies for many tradies, esp if the area is competitive on price more than quality. I focus on word of mouth as it works better than anything I can action/maintain/pay to do myself (and well enough for me)

  • +2

    Hey bud.
    Sorry to hear about the builder.
    To give you some advice, given the job was less than $16k you wouldn't of received a home warranty certificate so you cant claim on death, dissapearance or insolvency.

    So you have 2 options.
    1. Speak with Building Advice and Conciliation Victoria (BACV)

    1. Engage a lawyer and issue a letter of demand. Failing a response from the builer within 2 weeks you can engage legal proceedings.

    Hope this helps.

    • Speak with Building Advice and Conciliation Victoria (BACV)

      Ok. I will call them as well. Just to mention that I have lodged a complaint with DBDRV (not sure if it is going to be of any help though)

      Engage a lawyer and issue a letter of demand. Failing a response from the builer within 2 weeks you can engage legal proceedings.

      I have never dealt with lawyers etc in my life. So do I just go to any lawyer and ask them to represent me or is there somewhere I can get some sort of legal advise before I engage a lawyer?

      • The BACV will help you with the legal matters and what your rights are.
        Speak to them first.

        • Cheers

        • Spoken with them, they have advised to contact VCAT.

  • Disputes about building and construction
    Application fees for claims between Standard Corporate Health Care Card
    $1 - $3,000…… $63.70 $91 No fee
    $3,001 - $15,000….. $212.50 $303.50 No fee

    Dealing with Applications
    13 Upon the filing of an application in the Building and Property List the principal registrar
    will classify the proceeding according to the amount claimed.
    14 Where the amount claimed is less than $25,000 the application will be reviewed by a
    member and will usually be listed for hearing without any orders being made

    If you lodge it looks like it will cost $212.50

    • Thanks. I'll keep that in mind.

  • +1

    Based on your outline, this sounds like fraud or false pretenses to me. I'd try going to the police.

    • Really. Can police be helpful in this scenario?

      • +1

        can the police be helpful in this scenario yes they can will they very very unlikely

    • +2

      This is a civil matter…….it has absolutely NOTHING to do with the police.

      • +1

        Sounds like fraud to me theres probably other people as well

        • -2

          Not really. Right now it's just a service provider who's late in providing said services.

        • @HighAndDry:
          Google review by someone else posted a week ago…

          "Do not use this company they are an absolute disgrace got a quote over 10 months ago they took a two and a half thousand deposit and never bothered getting back to me I have sent over 45 text messages and they're only excuse is sorry boss is sick then the next one, boss is been really sick, then the next one boss wasn't really sick boss was overseas! Excuse me!! Have asked them to ring me, no! Have asked them for deposit back, no! How do you people sleep at night after ripping off the elderly!! You should be ashamed of yourselves!! You are not MEN, you are a poor excuse for a human being!! Karma is a great thing and so are Google reviews! And that's why you are getting this one!! ( This is the only authentic one) SHAME ON YOU!!"

        • @homersimpson: Damn, they sound like scum. I'm not saying don't go to the police, but even repeated breaches of contract doesn't make something a criminal thing as opposed to a civil contract dispute. So go to the police - that'll hopefully put a bit of pressure on - but just don't expect the police to do anything.

        • @HighAndDry:
          The Google review got updated with the following information…

          Foot note:
          Have contacted ASIC and this company went into liquidation Feb 2017 and suspect of buying back a month later in March 2017. Now trading under S****c Building. Beware!!

        • @homersimpson: Ah. So they're definitely scum. Unfortunately yeah - this kind of stuff needs ASIC (not the police) to prosecute. And ASIC have their hands full trying to police the bigger companies unfortunately.

  • +1

    If there are more victim than yourself then it could be a scam. Where is the law to protect us and to get our money back. Police should involve

    • Police should involve

      Has op indicated that they’ve contacted the lac?

    • +1

      I saw a review on Google by someone, same situation as mine. Money taken, but nothing done so far.

      Don't know if I can contact the reviewer. If I could, we could take action together.

      • This is not a bad idea. The more evidence that these guys are doing the dodgy, the better.

  • OP I feel for you. It would take a while to sort things up but you will get there eventually.

    I also had a similar experience with a Tradie who took money and didn't return to complete the job. TL;DR Concreter in VIC did a runner around $3k, went VCAT and Lotsa things in between. Took 7 months to get money back.

    • Thanks for the kind words. It gives me hope that all is not lost.

    • Further to my earlier message, I have spoken with BACV and have been advised to take the case to VCAT.

      • VCAT isn't a bed of roses either. First hearing that tradie had a mailing address that's no longer used so it was a wasted trip plus a 4-5 weeks wait. Second hearing the member somehow had given the tradie a bias benefit. She didn't want to start the hearing, insist that we settle prior to hearing (gave us 10 mins), gave the tradie an opportunity to speak up and had the impression that I was in a commercial arrangement (business issue) with the tradie. When I tried the voice out that I was a consumer, I wasn't even given the chance to speak up and was told if I insist on saying the case details, that she would start the hearing and imply that the outcome may either benefit the tradie or myself.

        First timer so I got bullied into out of hearing settlement. In hindsight, I should have stood my ground, went through the hearing and complaint against the member.

        Fast forward; I finally gotten back my money, although the member gave the tradie another two full months to pay! In her words "two months seems reasonable for the payment". Damm the member, I got bills to pay, mortgage to service, who in the world would turn around and give me interest free loan to repay over 6-7 months period!

        If ya heading down the VCAT route, and is a first timer, the stress can be at times difficult to handle. Just prepare as much evidence as possible, insist on email communication and SMS (screenshot) to culminate evidence. When U get your hearing date, although VCAT will also send a letter to the other party, U should email them on the hearing details as a reminder too. Just in case the other party conveniently changed address or play the ignorance card.

        • If ya heading down the VCAT route, and is a first timer

          Yes , it will be first time for me.

        • @homersimpson: When sending any letter always send it via registered post, otherwise the judge will knock you back for that.
          Address wise, any last known address is fine.

  • Considering the amount of evidence you've gotten so far couldn't you just send them one last text or voice mail saying you will take it to VCAT or DBDRV (which you already have).

    Like those stores that don't do anything until suddenly everything is instantly done as soon as you mention a legal authority.

    • I have messaged one of them on WhatApp saying that I will escalate this to Consumer Affairs Victoria (this was before Scab posted about DBDRV). Since then the guy has blocked me from sending messages to him.

      • More sign of a scam

  • +4

    Cricket season starts shortly, lets organize an ozbargain catch up at the cricket club?

    • Lol.

      • +2

        TBH mate I don't think this is such a bad idea. A bunch of angry neck beards holding signs may shame this dude into giving your money back.

        Just make sure you stick to the facts, "BARRY Y U TAKE MONEY AND DO NO WORK". Not Barry your a dirty fraudster.

        Reference: Three Billboards Outside Ebbing, Missouri

        • not really illegal. if there is 15-20 people there. all they can do is call the cops and they may ask you to leave. No fines, no issues.

        • I have given a thought to this idea. I might pursue it when I see him posting about his cricketing heroics.

  • +6

    I'd also contact the cricket club to let them know about their vice president.

    • as morally corrupt as this years ball tampering baggy green p….

  • +3

    You need to get in touch and demand the deposit back as he cannot meet the agreed timeframes.

    You want your money back as I guarantee he'll do a rubbish job.

    That money is already spent so it will be tough getting it back.

    Call, document,call, document, call every day.

    Knock on his door at 6pm at night. Be polite. If the police are called explain the situation. Don't make threats or use violence as that will get you a restraining order and you will never see your money again.

    You want to get to the point where paying you back is less annoying than keeping the money.

    Never ever pay up front. Pay for materials if you need to, but there are enough tradesmen out there who get paid on 90 day terms, they shouldn't need large deposits.

    • Knock on his door at 6pm at night. Be polite.

      Wish I could do so. I think one of them lives in Cranbourne and the other one possibly in Koo Wee Rup.

      If the police are called explain the situation. Don't make threats or use violence as that will get you a restraining order and you will never see your money again.

      I have been polite so far, although at bit annoyed at times.

      • Cranbourne

        You'll need a Kevlar vest then

        Koo Wee Rup

        Maybe a fake mullet to wear to blend in when being chased by him

        • Lol. I am not going to go to their place… What if they gang up on me and bash me. I will be without my money and broken bones too.

        • @homersimpson: yeah bad advice never do that they will probably claim you intimidated then

  • +5

    You can contact the bank and do a reverse transfer as this is consider a fraud? At least freeze the funds at their end.

    • I will do that.

  • Super unfortunate.

    At the end of all of this, I'd be breaking the contract.

    After all of this hassle, they'll probably do a s$!t job.

    I wouldn't be giving them my hard earned $9000. They clearly don't work hard for it.

    Find another builder.

    • +3

      OP already paid $8,000 out of the $9,000

  • +6

    They don't intend on doing any work. Any excuse they give you; hand surgery, death in the family, whatever is a lie.
    Had this happen to me and lose out on a lump of money.

    Luckily you have an address and can send VCAT and legal notices to.

    I would dig in and get as much information about these people as possible including previous business names, contact numbers, abns and addresses. Everything will help with recovery of the money.

    Start researching lawyers and find someone who can take on the job of recovering the money provided.

    Hot tip for anyone hiring tradies. If the person does not come recommended to you from multiple sources. Do not pay anything up front. Find a deposit holding company or find another tradie.

    • Do not pay anything up front.

      This is first rule of basically anything and everything. Too late for OP, but can't be repeated enough.

  • +1

    Checked post name; checked OP nickname; had a deja vu:
    https://i.giphy.com/media/3o6MbrAcbO2ng63F1m/giphy.webp

    • +1

      Le grille.. What the hell is that?

  • +2

    VCAT are useless. Winning there does not mean you will get any money back.

    • Ok… I guess my money is gone for good. The only thing left for me is to warn others about these scammers so they lose any future business.

    • +3

      But you can get a sheriff warrant and they will help you and try to get the money back. For sure, there are fees involved in all of this and that the fees can be added to the existing debt. The sheriff has the power to seize everything that has monetary value. But depending how doggy this business is, there may be no money or assets to get from them.

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