Got Scammed by a Tradie What to Do?

Trying2SaveABuck on 17/03/2019 - 22:04
Last edited 21/03/2019 - 22:21

Had a tradie come look at some shelves and a cabinets i need to have built and installed

seem like a nice enough bloke said he would need to come back and measure some things up then he would hit up his cabinet maker get me a quote of the materials then go from there he was quoting around 200 for the job paid once the job is complete but i'd need to pay for materials up front in case i pulled out which i thought was a little strange but i understand tradesmen often dont get paid for job they do…

After he came back to measure he msg me with a quote for the unit around $600 i was a bit reluctant to pay that much but i could expect him to fork that out straight up (i know this was stupid of me) i didnt give him cash i payed via bank t/f.

He agreed to do the job on a certain date after he the materials came in, when i msg him a week later he said it was still being coated so it seemed fine. I got a bit impatient after another week and said i need the job done by this week he said he was busy but could come today….

but he never turned up not only that he has responded to any texts and im pretty sure he has blocked my number because when i've tried calling him on a different number it rings threw but when i call on my phone it hungs up right away giving me the his number is disconnected.

It is likely he has done a runner with my material money - i called the police and they gave me the whole it is a civil matter if you want your money back however (to my surprise) he can be charged with theft and deception (or something) because i have evidence he agreed to do the job (text msg) and that i paid him to do the job bank transfer. - the officer did tell me to wait till at least the end of the week so ensure he doesnt make an excuse that he was 'busy' and he can be prosecuted.

I dont really want to press any charges i just want my money back but taking this down the civil rout for a few 100s isnt really worth the headache i work more then full time and dont have time for VCAT however if people think i could take this the civil system way easy i will… what would you do? and how?

any lawyers out there with some advice?

I know you should never pay anything other then a deposit upfront i admit i was too trusting and if i loose my money it is an expensive lesson that i have learnt - if anything it isnt even the money that bothers me it is more i feel like an idiot (i know i am an idiot) for letting my self get scammed

Update: Cops are about as useless as they always are saying it is a civil matter because they cant prove he has been dishonest he might be hurt injured

I need to add i originally met this guy on airtasker 1st time using it and he advised me to cancel the job so im chasing them for the money because it is my last real chance i think i got to write off the cash and accept that this is a harsh lesson to learn

Home & Garden

Comments

  • sugarfree on 17/03/2019 - 22:13
    +10

    It’s very usufel if you do go ahead, stops other people from potentially being scammed by this tradie

  • tomclancy on 17/03/2019 - 22:30
    +18

    You are not an idiot. You've done all the right things (text messages, bank transfer not cash) and for $600 a lot of people, myself included, would have taken the risk and paid upfront. I reiterate, you are not an idiot.

    The tradie, on the other hand, is a theif. Well, based on your post he is.

    It's nice to see the police playing ball. Do as they suggest. Wait until next week and then kick off the prosecution. Hopefully you get the money back OP because you don't want the tradie inside your house afterwards.

    Best of luck.

  • [Deactivated] on 17/03/2019 - 22:31
    +13

    If you're given the options to press charges, you should. You can always drop the charges should he offer you a fair settlement which would include the cost of your time and inconvenience.

    As I've mentioned multiple times here:

    Unless you're paying for a complete product, the materials should be addressed to you. It is both yours for tax purposes and also prevents runners like this.

  • dcep on 18/03/2019 - 00:20

    it's ok. i paid 1.2k as deposit for kitchen stone bench. mine turned out alright though.

    • Quantumcat on 18/03/2019 - 06:52

      What happened to you?

      • dcep on 18/03/2019 - 10:55

        tradie took the deposit and agreed to fit by a date (which i emphasised the timeframe is important & must deliver)

        but later said no can do, so i asked for refund but he said already cut the stone so no refund

        i get assertive/tough on him to either deliver by agreed date or refund

        apparently his words more colorful than mine, so i got soften down and asked him to take his time all he want, as i afraid he might bail with my deposit

        job done after 3 weeks delay

        • Quantumcat on 18/03/2019 - 13:06

          Phew, that was a close one!!!

  • Zachary on 18/03/2019 - 02:46
    +5

    …well at least you're not that guy who paid the tradie 40k cash…..

    • AlienC on 18/03/2019 - 04:51

      You talking about the dodgy plumber guy on ACA/TT?

    • [Deactivated] on 18/03/2019 - 09:17

      Jordan Mifsud.

  • AlienC on 18/03/2019 - 04:54

    Sorry for asking this but can you clearly outline the timeline of events with maybe rough dates or just weeks and days.

    You did a good job describing everything else but still trying to figure out if the time you made the agreement and up till now is 2 weeks or 2 months or a few days.

    • Trying2SaveABuck on 18/03/2019 - 06:08

      Its been about 3 weeks since i paid him for the materials and its been 1 day since he was meant to do the job

      The last contact i had with him was last week tuesday when he agreed to do the job since then as i said im pretty sure he blocked my number

      I have also texted him a few times since Tuesday but got no response

      • AlienC on 18/03/2019 - 07:54

        I guess he doesn't have a formal website or anything. If he doesn't show in a week you can try ringing him using another phone and if it is a dodgy tradie them goodluck with the civil process. $600 is quite a bit to chase up hopefully lawyer fees are less than that and worth your time.

        Sorry for the bad experience.

        I have been scammed too but mainly via bad Gumtree sales.

  • thatonethere on 18/03/2019 - 06:39
    +3

    I'd do vcat if you want your money back.

    You can also quietly report them to ATO for potential tax evasion as they probably aren't paying gst on their scammed deposits.

    https://www.ato.gov.au/Forms/Tax-evasion-reporting-form/

    • Trying2SaveABuck on 18/03/2019 - 08:00

      thanks i did this the bloke had a health care card so even if i dont get any of my money back hopefully what ever government payments he gets are stopped

      • Chris Topher on 18/03/2019 - 12:25

        Take him to small claims mediation/VCAT. If he is as busy as he says he is, it'd cost him too much for the day off as well as a good chance he'll lose anyway and get the bad rep with it.

        If he doesn't appear, it then becomes a legal case against him by VCAT.

        See if that gets your money back, probably the day prior to the hearing. You'll more than likely get a cheque, so pay the whatever fee for immediate clearance at your bank.

        • snowcold on 18/03/2019 - 21:51

          If he doesn't appear, it then becomes a legal case against him by VCAT.

          No. It doesn’t. If the person gives enough notice, VCAT will try to postpone the case if all the parties agree. If he doesn’t turn up, they will hear the case and make a decision based on the evidence provided.

          • Chris Topher on 19/03/2019 - 13:18

            @snowcold: IF… he doesn't give notice and doesn't appear, or if VCAT is notified, delayed and still doesn't appear…

            … they will hear the case and make a decision based on the evidence provided…

            … which will go against the 'defendant' if the appellant has a valid case. If it wasn't valid it wouldn't even get that far.

  • SmiTTy on 18/03/2019 - 08:16

    Out of curiosity how did u find him?

    • dcep on 18/03/2019 - 10:57

      airtasker / gumtree

  • Skramit on 18/03/2019 - 08:31
    +1

    This happened to me.

    Paid a tradie $750 for materials - have a written PDF quote, and email chain where he asked for the deposit. All in writing. He was going to build us cabinetry out of wood, so it seemed reasonable at the time. We had also had him do other work for us in the past without any issues, so there was a level of trust.

    As soon as I paid the $750 via bank deposit he vanished. Lots of calls, his voicemail box became full (not from me). Managed to stalk some of his Facebook friends and message them who told me he had gone to prison. Some others told me he 'hurt his back and would be out of action for a year'. So I was more inclined to believe the prison version. The summary I gathered from multiple Facebook friends was he used the cash to buy drugs and was busted - how true this is I will never know, but anyway he returned at the end of 2018 on Instagram and FB. SO I called him and he answered. Said he hurt his back (for 18 months wtf). However his Instagram photos seemed to contradict this. He bought himself a new Porsche and posted a photo on Instagram (dumb??).

    At the time, way back in 2017, i tried the local police who said "civil matter".

    ALso tried bank reversal who said its up to the other persons bank to agree to refund it. Which didn't work after waiting 90 days.

    Tried ringing free legal support who basically said its a matter for VCAT. But dont bother for $750. I kinda want to bother out of principal if the fudger was using my deposit for drugs, and has now bought a Porsche.

    Sent a letter of demand to his home address, but no response (duh). Last avenue is VCAT.

    So here I am.

    Good luck OP!

    • elgrande on 18/03/2019 - 08:37
      +12

      What I have learnt today is to avoid custom made cabinets.

      • Skramit on 18/03/2019 - 08:43
        +5

        Or just avoid paying deposits to sole traders. If they don't have the business cash flow to purchase materials themselves, then it's a red flag.

        Everything's clearer in hindsight.

        • Typical16-bitEnjoyer on 18/03/2019 - 08:54
          +2

          If you have the time, keep hassling.

          I had a bloke (not a tradie) do a runner. Constant emails, facebook messages, SMS's to his family and friends can work surprisingly well. A lot of these small time scammers don't want their family knowing what they get up to and will pay you back to shut you up. Can confirm first hand that it works.

      • Trying2SaveABuck on 18/03/2019 - 09:00

        Just dont pay anything up front that is what i have learnt

      • dcep on 18/03/2019 - 11:00

        or you can pay top dollar for custom joiner with shopfront

    • Mentallysick on 18/03/2019 - 08:56

      You can not just say here i am and end the story.

      Tell us what happen to your money. Did you get it back when you got back in contact with him at the end of 2018.

      I believe i can write a book on it. Let me know.

      Cheers

      • Skramit on 18/03/2019 - 08:58

        I'm still pursuing him. It hasn't ended yet. His brother seems responsive on Facebook messenger, but also seems 'in on it' in terms of giving me lip service that he will call me back, and never does.

        I'm also trying to understand how the police don't see this as theft? Is it because I paid the money willingly? The law states that any obtaining of property (aka money) by deception is theft. So I'm struggling to understand why the police told me I cant even lodge a police report.

        • dcep on 18/03/2019 - 11:03

          imagine all the gumtree trades that went sour turning up at police station

          • Skramit on 18/03/2019 - 11:41

            @dcep: I think i was more surprised they didn't allow me to even make a police report that I've been scammed (stolen from). Not that I actually expected the police to do anything about it other than take a report as evidence for civil action or something.

            • Typical16-bitEnjoyer on 19/03/2019 - 17:10

              @Skramit: You can report it via the Crimestoppers website but I wouldn't predict much would come from it.

      • Skramit on 19/03/2019 - 17:21

        I've logged it with VCAT. Worth a shot.

  • HighAndDry on 18/03/2019 - 11:10
    +1

    I dont really want to press any charges

    Why the F not? It's basically a miracle that the police are willing to charge and prosecute him, so definitely go that route. You can get your money back by way of restitution in a criminal matter too, plus it'll make any civil suit (if you have to later on) much easier.

    • Mentallysick on 18/03/2019 - 11:13
      -1

      so you are here as well. is there any post that you donot write your 1cent comment. get a life

    • Trying2SaveABuck on 18/03/2019 - 15:18

      Remember the bloke knows where i live with my family things do get ugly and anyone who is low enough to scam a few dollars might be off the edge.

      I will take it down the criminal route because i have not got any contact from the wa*ker and my number is still blocked but i know the Police are useless is more matters

  • HardlyCharly on 18/03/2019 - 12:59
    +2

    Always pursue. Never let them get away with this shit, it's always worth it. Shame we don't have an Aussie Judge Judie lol.

    • Trying2SaveABuck on 18/03/2019 - 21:06
      +1

      So far i have contacted airtasker (because he is on air tasker), the ATO, centrelink and the police (yet to file a report will do it on the weekend) i might not get my money back but if one of them find some dirt on this con man someone will get cash out of that prick

      I might not get my money but hopefully in the long run he loses a bunch of cash

      Its prob the best i can do ill put in a police report on saturday they probably wont do much but it is better then nothing

  • dasher86 on 18/03/2019 - 16:28

    bikies.

    • Trying2SaveABuck on 18/03/2019 - 18:44

      If you got there number i'd give em a call?

  • snowcold on 18/03/2019 - 22:03
    +1

    I would suggest to press charges. Going to VCAT needs ~$70 fees, a lot of preparation and you will have to spend at least half a day at the mediation/ hearing.

    Also, have you tried putting a post in his FB wall asking him to pay the money back? He may not want all his friends and family to know that he is a scammer.

    No matter what route you pursue, I would suggest you start writing down the events with date and time. Gather all the text messages, emails, bank statement and put them in a timeline and keep the originals as well. Writing things down makes it easier for people to understand and you to remember things.

    If you go toVCAT, you will have to prove that he broke the contract without your consent. In the absence of a contract, the message/email will be considered as a contract

    PS: Please do not consider this as legal advice. I just had a similar experience with tradie and had to battle this out in VCAT

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