Tradie (Concreter) Failed to Do Job, Has Agreed to Refund Me, I Need Full Address Incl Unit # (Have Car Rego + Business)

bigdogsgottaeat on 17/07/2021 - 10:13
Last edited 17/07/2021 - 10:23

Hi All, hoping someone can help out with the situation I've found myself in. I'm in NSW. I'm trying to find the unit number for the bloke - I have the apartment address, but he hasn't (and won't) give me the unit number.

I paid a tradie to do a small job at my place, formwork + fill + lay a concrete slab. He'd done work for me before, and it was of a good standard, so I thought I could trust him.

What followed was 2 months of delays and excuses - wife went to hospital 3 times, his team didn't show up, the fill bloke didn't come, extensive delays picking up materials, materials delivered to the wrong place, his nan had a fall, his mum was in ICU and given one day to live, his phone mysteriously stopped working so he couldn't call anyone, he forgot his wheelbarrow, forgot his shovel, his nan had a fall.

I paid him $4k in total. I know, I'm an idiot, but since he'd done work for me in the past, I thought it would be ok. After 2 months of this, he finally agreed to a refund.

Fast forward 6 weeks, and he's been unable to transfer me the money. He transferred accidentally between his own accounts (NAB to Commbank), he wrote the wrong account number altogether for the transfer, he's had to visit the bank physically 4 times, now he reckons he has a book keeper handling his affairs and she hasn't been able to transfer me the money - the mobile number of his "book keeper" is disconnected, and her email address is the same as his.

I've subsequently gone to the NSW Fair Trading, who referred me to the NSW Civil & Administrative Tribunal, who found in my favour. He was then unable to meet the agreed terms of the NCAT order (the terms he offered and agreed to). I now have a certified money order, that I have registered with our local court, via the NSW Online Registry. Since he has still been unable to pay, I have 2x options:

  • asking the sheriff to seize and sell the judgment debtor's property (called a 'writ for the levy of property')
  • taking money from the judgment debtor's bank account or wages (called a 'garnishee order')

To put it mildly, its been a disaster. All I want now is my money back. The problem is that for either of the options through the courts, I need his address, otherwise the papers can't be served.

I have the rego number from his car when he visited to quote on the job, and I have the registered address of his business. And I have his previous registered business address, which happens to be his parents' home (who still live there).

If anyone has any amazing ideas on how to get his address so I can serve the papers, I'd love to hear them! Thank you so much in advance.

Home & Garden

Comments

  • FocusRider on 17/07/2021 - 10:20
    +2

    Name and shame mate

  • Platinumtelecom on 17/07/2021 - 10:23
    +8

    Wouldn’t you serve the papers at the registered business address?

    And if not, isn’t this the sheriff job to look up the correct address? Surely they have access to this from the council.

    • bigdogsgottaeat on 17/07/2021 - 10:29
      +1

      The registered business address is missing the unit number. The papers for the NCAT hearing bounced back to me due to this (I had to send a copy of the proof to him via Australia Post).

      My concern is that without a full address, the writ or garnishee order may never be served. You might be right, the sheriff should be able to look it up. I have his mobile number too, he's had the same one for ~4 years (since the last job), so I don't necessarily think he's trying to rip me off, just pretty hopeless with admin.

  • Platinumtelecom on 17/07/2021 - 10:25
    +3

    And stupid question, but did you check his name on white pages? Sometimes when you have a landline automatically with your NBN connection, they register you to white pages.

    • bigdogsgottaeat on 17/07/2021 - 10:26

      Not a stupid question! I did check it, and unfortunately only his parents address is listed in the old business address (hence how I knew they were still there!).

  • Pelicannn on 17/07/2021 - 10:25
    +7

    Can the police help if you have a court order for someone to pay?

    Otherwise, getting creative you could try:

    1. Email the body corporate of the apartment and ask them for the number.

    2. Find on Facebook and message friends or family about the situation (age dependant).

    3. If he runs a business enough name and shame will probably hurt him more than the $4,000 over time.

    4. Go private detective and find out what car park he parks in at the apartment, might correlate number with apartment number but usually not.

    5. Depending on size of apartment just ring a couple of numbers on the bell asking for such and such. They will either say not us or hopefully someone might say ahh yeah he’s in apartment xyz.

    Good luck

    • bigdogsgottaeat on 17/07/2021 - 10:30

      Thank you, some great ideas! Appreciate it :)

  • Ughhh on 17/07/2021 - 10:27
    +11

    Ask a friend to pretend to be a potential $$$client and obtain address?

    • Pelicannn on 17/07/2021 - 10:32
      +1

      Yeah this would be good. Just pretend to get some work done and say you are going to do up an invoice for your business purposes and need his address.

  • Summoner on 17/07/2021 - 10:45
    +5

    I am not an expert, but found this on google. If he has business name, it looks like you can do a search for his business address. Can you serve the document to his registered business address?

    All business names are registered with the Australian Securities and Investments Commission (ASIC).
    You can do a free business name details check on the ASIC business names register. This will tell you:
    business name
    registration date and registration status and next renewal date
    current address for service of documents
    current principal place of business
    business name holder

    Source: https://www.lawaccess.nsw.gov.au/Pages/representing/Local_co…

    Alternatively, do you have his trade licence number? Try doing a search on that?

    https://www.service.nsw.gov.au/transaction/check-builder-or-…

    • [Deactivated] on 17/07/2021 - 11:35
      +2

      Apparently they didn't include their unit number of their registered business address.

  • follow on 17/07/2021 - 11:34
    +3

    electoral roll

    • JIMB0 on 18/07/2021 - 11:01

      Where does one obtain a copy of this?

      • follow on 18/07/2021 - 11:21
        +1

        The electoral commission offices have a computer that the public can access. You don't have to speak with staff.
        You can't take pictures though I believe. Can't remember if you can bring pen and paper.

  • oscargamer on 17/07/2021 - 11:37
    +5

    Are you talking 4 units or 100?

    If it's just a few, send every unit a copy of the paperwork. If it's many, talk to the owner of the building and ask them which one is his.

  • thatonethere on 17/07/2021 - 12:01
    +2

    Just call from another number and ask for a quote for an address that is nearby. Hopefully noone is there. Follow him home.

    Also if the apartment block is not large. Just serve the papers on every letter box.

  • meowsers on 17/07/2021 - 12:14
    +3

    You need to hire a process server to do the job for you. That will make it easy.

    • bigdogsgottaeat on 17/07/2021 - 13:06

      I didn't even know such a thing existed. Thanks, I'll check it out!

  • ihbh on 17/07/2021 - 13:18
    +2

    Even if he's done work for you before, you need to make progress payments, not total amount up front.

    • bigdogsgottaeat on 17/07/2021 - 14:14

      Thanks for the advice. That is what I did (that's a progress payment)

  • hellobargain21 on 17/07/2021 - 13:34
    +2

    I was going to say go for a drive and physically investigate the address yourself, but I just remembered lockdown :(

  • brad1-8tsi on 17/07/2021 - 13:43
    +5

    Most of the excuses sound like BS. The tradie is obviously quite adept at making crap up to string people along.

  • bigdogsgottaeat on 17/07/2021 - 14:16
    +10

    Great news! Well, good news, perhaps. I found his unit number. I remembered he panicked when I was going to use the old address, evidently he was worried his folks would find out what he's up to.

    So, I offered to send him some legal materials, to the old address… He confirmed with the right one.

    Thanks to everyone for the suggestions here, the one about "family" sparked a memory for me.

    Now for the next chapter in the journey. Thanks again, all!

    • morse on 17/07/2021 - 20:38
      +1

      It may not be a terrible thing if his family find out. I’ve had the person’s family come in and pick up the pieces, pay the debt etc in a similar situation. The person had a history of significant mental illness and drug use and needed help. May or may not be a similar situation here. All the best! I hope you get your $ back.

  • 82norm on 18/07/2021 - 09:32
    +2

    Go for the garnishee order. Generally going for a writ on his property can be challenging. There are limited items a Sheriff can cease and anything associated to his work technically cannot be touched.
    TV,s, HIFI, gaming consoles aren’t worth anything. From my experience, a vehicle, caravan is the best asset to cease…it will goto auction and the difference paid out. The only caveat, is if it’s financed, which again it can’t be ceased.

  • Ausssie on 18/07/2021 - 11:23

    If he's in an apartment, just look for his parking spot. Go there when you think he would be home (e.g after 7pm) Most apartment parking has the numbers painted on their spot. Maybe he's home more often now due to lockdown??

    **Oh I just saw you got his address, well done Sir 👍

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