Incompletion of works by a Tradesperson.

[foxdie222]

Hello everyone, I am in a dilemma and hoping to get suggestions and opinions and to know my legal standpoint.

I hired a tradesperson to do a landscaping job for my house. Proper invoice was sent with Abn and he requested for 40% deposit which calculates to $5200. Deposit was paid to him via bank transfer and he sent back the receipt as well with the balance due.
He hasn't showed up to start the work on the agreed date/time and have not been responding to my messages/calls. It has been three weeks since I have paid him the deposit and no contact has been made with him since then. I lodged a dispute with the bank for the transaction but they said it can't be disputed.

I will appreciate if anyone can please suggest what should be done in this scenario to be able to get the deposit back so that I can hire someone else to do the job.

I have proofs of conversations with him and also the invoices.

 

[Rod]

Answer depends on which State you live.

Either go to the State tribunal or local court but first issue a letter of demand.

 

[foxdie222]

Answer depends on which State you live.

Either go to the State tribunal or local court but first issue a letter of demand.

Thanks for your response Rod.

I am based in Queensland, also worth to mention that I checked his ABN details again and it states that the business is not registered for Tax although the name of business or entity is registered.

May I please ask how to issue a letter of demand.

 

[Rod]

Prepare letter with his details, your details, amount paid, when, what for, that he failed to meet the terms of the contract (eg start date). Demand return of payment within x days (not less than 7 days, preferably 14), state if he fails to pay, you may go to court seeking additional costs and interest.

 

[foxdie222]

Prepare letter with his details, your details, amount paid, when, what for, that he failed to meet the terms of the contract (eg start date). Demand return of payment within x days (not less than 7 days, preferably 14), state if he fails to pay, you may go to court seeking additional costs and interest.

Thanks Rod, I shall get it done asap.
Just in case if he choose not to respond to the letter what should be the next course of action ? I have come to know he has cheated to people in the past and got away with it. Which makes me think he knows the law and how to manipulate it.

 

[Rod]

I have come to know he has cheated to people in the past and got away with it. Which makes me think he knows the law

Probably because most people do nothing.

I'm not in QLD so not sure if QCAT are still taking these kinds of cases. Try them first.

 

[foxdie222]

Probably because most people do nothing.

I'm not in QLD so not sure if QCAT are still taking these kinds of cases. Try them first.

Hi Rod,

I have emailed him a letter of demand to which no response was received, seems like he has also changed his mobile number. I have raised this with fair trade as well but they weren't of any help. They have only advised that this was forwarded to the investigations team but they haven't come back to me yet.

Could you please advise what should we do next. We are just devastated to see how easy is it for a person to cheat and get away with it.

 

[Rod]

Lodge an application at QCAT.