Please Help - Tradie Took My $9.5k Deposit and Ran Away

Lilovebargainsmate on 29/08/2018 - 16:26
Last edited 29/08/2018 - 17:28 by 1 other user

PLEASE give me some advices to deal with this dodgy tradie:

I was introduced to a tradie to do decking for my house by the real estate agent who sold the house to me 4 months ago. The agent took this tradie to our house and introduced him as a professional landscaper who has done many good jobs including the unit at the back of my unit. We finally signed a contract with this tradie for a contract $19k, paid $9.5k deposit in cash as requested by him to pay for timber order.

After 4 months of waiting for him (he said his wife had operations, he got family funerals to attend blah blah), he said he could not do the job and agreed to pay me back full deposit plus 5% interest a day if he could not pay by last Tuesday (written and signed by him). No payment was made until today and he just messaged me saying he does not have money to pay me back. What I have with me is a copy of his driving licence still valid but with outdated address (we did come to his address on his driving licence to find him and then found no one lived there), receipt for my payment of $9.5k, contract (with details of his ABN- as a sole trader and still active) and a written statement saying he will refund full deposit plus 5% interest a day if he could not pay by last Tuesday (21/8).

I am new in Australia and do not know much about the legal system here. Can anyone please give me some advice how to get money back? Can I take legal actions against the real estate agent?

Thanks so much for your help in advance.

Financial

Comments

  • dcep on 29/08/2018 - 16:32
    +12

    small court claims against the tradie , not the REA

    • HighAndDry on 29/08/2018 - 16:44
      +1

      Pretty much this - but if he really has no funds/no assets, then…. even if you win you can't get blood (or money) from a stone. Get a lawyer to send a professionally mean letter, and see if that gets you any response.

    • HeWhoKnows on 30/08/2018 - 15:24

      Need an address to serve summons.
      Otherwise useless

      • His_Holiness on 30/08/2018 - 18:01

        Wrong. You can make an application for 'substituted service'. Eitherway it's not hard to find an address for someone. Electoral roll search is the easiest way.

  • nocure on 29/08/2018 - 16:33
    +6

    19k deck, must be bigger than mine…?

    • ilovebargainsmate on 29/08/2018 - 16:34

      Its a big deck plus a small pergola (20m2).

      • subywagon on 29/08/2018 - 16:50
        +4

        Crazy. I DIY them. Maybe I should start doing them professionally.

        • [Deactivated] on 29/08/2018 - 18:06
          +8

          Yeah. I just keep throwing down shipping pallets until desired result is achieved.

          I'd be happy to do that for 18.5k

    • ronnknee on 29/08/2018 - 17:23
      +2

      It's not the size, it's how you use it.

      ronnknee on 29/08/2018 - 17:23 (Collapsed - Offtopic. Show)
      • [Deactivated] on 29/08/2018 - 18:12
        +8

        My deck is made of hard wood. It is a big deck and only my friends can come on it.

        • Painmerchant on 29/08/2018 - 18:45

          But what if the wood fades? I might be embarrassed by my deck. Is there something I can do???

        • HighAndDry on 29/08/2018 - 19:06
          +4

          @Painmerchant: They say you should oil and polish it regularly.

        • [Deactivated] on 29/08/2018 - 19:55
          +1

          @Painmerchant:
          Don't be a victim of deck shaming or deck envy. Just enjoy the deck you're given.

        • tight-ass on 29/08/2018 - 19:56
          +3

          [@HighAndDry
          Make sure you rub it in the same direction as the grain.

        • djkelly69 on 29/08/2018 - 20:08

          I've got one of those new plastic decks - never fades, and only needs a light oil.

        • [Deactivated] on 29/08/2018 - 20:13
          +1

          @djkelly69:
          What you do is your business but I'd never use artificial.

          All natural baby!

        • JIMB0 on 30/08/2018 - 08:41

          @Kangal: You can fill holes in your deck by jamming some caulk in them, if the hole is extra large use African style caulk.

  • [Deactivated] on 29/08/2018 - 16:35
    +4

    I would nicely ask how much they can pay right now and try to make a plan. Forget the 5% as you will be lucky to get your money back. Legal options will be expensive and time consuming.

    • ilovebargainsmate on 29/08/2018 - 16:36

      I did try to be nice with him but he said he does not have funds, he needs to wait for funds in future…..I don't think he will pay me as he has cheated me since the first day….4 months with all the excuses and lies.

      • [Deactivated] on 29/08/2018 - 16:41
        +2

        I would talk to the real estate agent, without threatening them. You need their help here.

        • HighAndDry on 29/08/2018 - 16:48
          +2

          The real estate agent, if they're smart, won't get involved. And even if they did, there's probably very little they can do - all they did was pass on contact details, effectively.

    • Diji1 on 29/08/2018 - 17:17
      +6

      I would nicely ask

      You're hilarious.

      Take it to small claims court and then use court sherrifs if necessary to get your money back.

  • yippy on 29/08/2018 - 16:40
    +6

    Alarm bells should of rung when they said he was a professional landscaper. You want a carpenter doing wood work not a landscaper.

    • subywagon on 29/08/2018 - 16:51
      +1

      That's what I thought too, though some landscapers do decks, fencing and retaining walls.

  • try2bhelpful on 29/08/2018 - 17:03
    +1

    Sounds like the Small Claims tribunal - this link might help. It seems to be business to business but I think you could follow the general principle.

    https://asic.gov.au/for-business/your-business/protecting-yo…

    I always go through the Master Builders guys to get my work done. I haven't had a problem so far. (Fingers crossed).

    We had a similar issue when we asked a local paint specialist place to recommend painters - the guys got the job done but they were rubbish and scratched up all my windows. Personal recommendations are not, necessarily, a good idea.

    Best of luck.

  • eggles01 on 29/08/2018 - 18:45
    -1

    I would be asking the real estate agent how much under the counter payment they received from the job.

    contact a solicitor and ask if they provide the first appointment as a free inquiry,make sure you push the point that it was the real estate who you believed to be an honest person/s and that is why you employed the worker,do not openly accuse any body of being crooked,the solicitor will do that work for you,

    firstly write a letter of demand for the return of your money to be paid back within 14 or 21 days,if you do not hear back from him in that period,write another letter of demand to be paid within 7 days including that should you not receive anything from the tradesman your next contact will be sent by your solicitor,and see what happens then.always remember it is your money and do not accept anybody that wants to be prepaid money for the job,they have already committed a crime as to ask for cash in hand is illegal here in Australia,you also may have committed the same crime by agreeing to and paying him cash in hand,if you are included and you are a new Australian you can plead "Ignorance of the system" that should keep you out of trouble,but it may not.

    • HighAndDry on 29/08/2018 - 19:09
      +2

      they have already committed a crime as to ask for cash in hand is illegal here in Australia

      Wait what. Actually in this case, depending on where OP is, that might be true but even then it's usually in the sense of a civil thing, certainly not criminal that I'm aware of.

      you also may have committed the same crime by agreeing to and paying him cash in hand

      This, however, definitely isn't correct. Where did you get the idea that you can't pay things with cash? Literally the proper term for cash is "legal tender".

    • ilovebargainsmate on 29/08/2018 - 22:49
      +1

      Thanks for your advice. i have talked to the real estate agent and he said he just introduced me the guy and its my decision to choose this guy, so my fault! I am sure he got commission for referring but i can not prove this. I live in Balwyn North and the agent is very famous in this area, so should i just come to talk to his manager and make a complaint? I later found out that this sales consultant introduced this guy to another house nearby and he also caused damages to this house, so i believe this is a cheating system of both guys. I am just not sure if i should pay for legal costs to get further advice or just apply for VCAT order which i can do myself online. I am really tired thinking about being so sillly and be cheated easily like this!!!!

  • Sweaty-penguin on 29/08/2018 - 20:41
    +1

    Where do you live out of curiosity? Like region.

  • ozb10 on 29/08/2018 - 20:45

    bikies

  • Lunarboogie on 29/08/2018 - 20:54
    +5

    I really sympathise with you. This guy sounds like a criminal and he is not reflective of all Australians. I hope the bastard gets his just deserts.

  • fantombloo on 29/08/2018 - 21:10
    +14

    I got done for $17k about 10 years ago by a shady builder. I spent another few thousand in legal fees, all for nothing.

    I can't offer you any advice on how to claw the money back but I can recommend one thing - don't let it kill you. I spent many sleepless nights thinking how I'd love to kneecap the arsehole but all it did was affect me. At one point I took stock of the better things in my life, let it rest and considered it an expensive lesson.

    If you can proceed without it affecting you emotionally then do so, else it might not be worth it. Good luck.

    • Lunarboogie on 29/08/2018 - 21:41
      +1

      Good on you! You're a better man than I. Were it me I'd make it my life's quest to hunt down the bastard and make his and his descendants' life a living hell.

    • ilovebargainsmate on 29/08/2018 - 22:54

      You are right that thinking about this for the last 4 months made me so tired!!! I keep hoping to at least get some money back but now I need to decide whether to spend more on legal fees to apply for VCAT order and then enforce VCAT order with the hope this guy does own some assets or just take this as an expensive lession and let go! I am so sad because this is my first experience dealing with real
      Estate agent and tradie and always trust that the legal system in Australia should protect people better!

    • HighAndDry on 30/08/2018 - 17:38
      -2

      I spent many sleepless nights thinking how I'd love to kneecap the arsehole but all it did was affect me.

      Well that's cos you didn't follow through.

  • dins on 30/08/2018 - 00:49
    +2

    Sorry to hear. When we first started to renovate our place had a deck head do the same. Ran off with around two grand which was meant to be for material. Later while trying to chase him up found out that this guy was scamming ppl and businesses all over the place. Learnt the lesson the hard way from then on only paid for material and work once delivered/as completed. What goes around comes around.

  • windale on 30/08/2018 - 12:17

    Make a deal with him. You buy the wood and materials and get him to build it. You have paid half and he has no cash so he can pay back with the promised labor. Might work out ok.

    • Ughhh on 30/08/2018 - 16:35

      Sounds like flushing more money down the toilet.

      • windale on 31/08/2018 - 14:58
        +1

        Going to court etc will costs money and the chances of getting your money back are slim. If the guy declares bankrupt the OP gets no money, if the guy can't pay then the OP gets no money. The one thing the guy has is time and skills so why not get him to finish the job by buying the materials for him to use. The overall cost to the OP is the same as his original quote. The guy might just be in too deep and can't raise the funds to pay but may be happy to have a way to sort the issue out. It was just another option.

  • jhmtaylor on 30/08/2018 - 12:57
    +1

    I would advise you to take the matter up with the Builder Registration people in SA. The guy needed to be registered and he is clearly in default. They have a lot of influence over builders including the capacity to cancel a builder licence if they do not make good. Most builders will jump to fix because a cancelled licence will severely affect their income. They may also have a compensation scheme for loses caused by shoddy builders.

    • Baysew on 30/08/2018 - 13:05
      +2

      I doubt if they would have any influence over a runaway Landscaper in Victoria.

  • Allan Thomas on 30/08/2018 - 13:05
    +1

    If you haven't received anything for your money, it's a fraud. Go to the police.

  • haimrevolution on 30/08/2018 - 14:57
    +1

    Best way hands down small claims court followed by a liquidation notice. The notice gives him several weeks to cough up the money or declare bankruptcy

  • HeWhoKnows on 30/08/2018 - 15:26
    +2

    I would be talking to the agent who recommended this guy to you.
    Im sure the agent would have got a cut.
    As the agent organised the deal, put it on him to organise the refund.

    • ilovebargainsmate on 30/08/2018 - 16:29

      I also think that this agent needs to be partly responsible as he took the guy to our house and as I trusted him I decided to sign the contract. They seem to know each other really well as the guy never picked up my phone call but will only talk to the agent and the agent is the message deliver man. I am thinking about going directly the office of the real estate agent to talk to the Director to at least make a complaint about their referrals. All of my neighbours said I should report the agent as they are very famous in the area and if they keep this bad practice another house owner will suffer like me.

      • Allan Thomas on 31/08/2018 - 11:06

        Definitely. I'm surprised that you haven't done it already

  • Whisper Quiet on 30/08/2018 - 22:12
    +2

    In my experience dealing with criminals or government agencies / companies that have wronged you is awful. Doing it the legal way is maybe 10% chance of you getting anywhere. The law for some reason rests more on the criminals side when your fighting these kinds of cases. Do whatever you can to find out his address and get some big friends to go over to his place and scare the shit out of him to get the money back. He obviously has money just knows the law well enough that he can get away with it. The only way to make it worth going through the legal system with a better chance of winning, is if you get everyone else who he has screwed over and take him to court. In saying that, the police and legal system won't be that much help, especially when he can just claim bankruptcy and therefore won't have to give you money for ages. Even after a while it still might be around $20 a week if you're lucky. I've had three issues with government / business. 2 of them thrown out of court, one I threatened to release info about owner of the business and got the money I was owed. Had my car stolen, police didn't bother chasing up who stole it after it was found almost two weeks later smashed. Friends bike was stolen we found the guy through contacts and followed them. Got our Bikie mates to threaten them and got the bike back. Do it yourself much better chance of getting the money back!

    • ilovebargainsmate on 30/08/2018 - 22:56

      Thanks for the detailed advice, last time when i met him in my house i asked him to transfer the money to my bank account in front of me and he refused, i locked the door and he called police and i had to let him go because this is not criminal
      Offence. So if i ask a Bikie to help will he call police again and It will be criminal offence against me?

      • Whisper Quiet on 31/08/2018 - 11:27

        Don't let them mention your name. Even find out who else he has screwed over so the bikies or some big, mean looking friends you've got can either say many other jobs which he knows about, or just get the money or assets from him without saying anything about why. Cops won't really do anything about you trying to get your money back if it's just going to his place and demanding it. Takes alot more to get a restraining order or to file charges! If you get your money back that he stole what grounds has he got to stand on if you get the cash back? Wasn't his in the first place because he never did any job for you.

        • ilovebargainsmate on 03/09/2018 - 13:40

          Do you think I should contact a debt collector company? I don't have any friend/know any bikie who can help me. I googled and only found debt collecting service who can help with 30% cut.

          Thanks much.

  • BeamMeUp on 31/08/2018 - 20:46
    +1

    Contact A Current Affair. Public shaming, it may not get your money back but get his name and face broadcasted. They might even have a look at the real estate agents potential involvement?

    • ilovebargainsmate on 03/09/2018 - 13:40

      I think Current Affair will not consider my story…Its just very small amount..

      • JIMB0 on 04/09/2018 - 08:12

        Get your dear old grandmother to play the victim. They'll take on the story then, especially if the tradie is a wife beating tax dodging foreigner etc.

  • echelon6 on 01/09/2018 - 14:17

    never pay deposits to tradies.

    also your fault for agreeing to a 50% upfront payment, even if you're happy to pay a deposit, it shouldn't be anything more than a few hundred. The point of a deposit is to show you're serious, it's not for him to buy materials. A tradie that needs client cash to pay for materials for a single job is not a tradie to work with.

    • ilovebargainsmate on 04/09/2018 - 11:26

      Thanks OP. This is my first time hiring a tradie and my fault for trusting both the RE and the tradie without doing research….expensive life lession!

    • mbck on 14/02/2019 - 08:21

      Thanks. Just avoided one. Appreciate yours and everyone else's comments

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