LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Builder Delaying Refund Ordered by VCAT - What to Do?

Discussion in 'Debt and Bankruptcy Law Forum' started by KarmaWinsinEnd, 18 May 2016.

Tags:
  1. KarmaWinsinEnd

    KarmaWinsinEnd Well-Known Member

    Joined:
    6 April 2016
    Messages:
    20
    Likes Received:
    1
    I made contact with the builder (via receptionist) and they told me they will refund the money (ordered by VCAT). I asked the builder when, and he said will recoup the money before the payment (probably looking for another customer like me - lol or something more dodgy ).

    It has been more than a month now following up on the timeframe but I'm unable to get a timeframe for the refund. He is still running the business successfully (can see their website change to a new look) and more staff working. I spoke to the builder's wife today at their office (lucky she answered the reception phone) but she pretended that he doesn't bring work to home (all nonsense, she know everything about this matter and she is also working there).

    My instinct says that he wanted to put me in all possible trouble (before his payout) and make me spend money/time and stress (acting basically like a psycho). Reading their minds, I think they never thought I would go to court.

    I have all my documents ready to apply for the enforcement but I'm worried whether the builder will do something in court. The builder may have past experience on this but I'm new to legal things so I'm worried about going directly to court or to seek legal advice from a lawyer.

    Any suggestions, please?
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,180
    Likes Received:
    263
    Tell the builder you are going to file at court on Tuesday next week. He has till then to pay or will be up for extra costs.

    Do not wait, do not negotiate a new timeline, and do not suggest a payment plan. Get the VCAT order enforced by the magistrate's court asap. Not sure if you can also apply for costs at the same time. If you can, do it.

    Sounds like the builder has been through this process before and is attempting to call your bluff. Probably has worked for him in the past. DIY at court is OK at this stage. Keep in mind the builder may ask for a payment plan so think about this in advance as to what is acceptable to you. Courts can accept payment plans if the builder pleads poor. Not sure what evidence he provides to make out his case. Do you have a photo of a him driving a new builders vehicle worth $60,000??
     
  3. KarmaWinsinEnd

    KarmaWinsinEnd Well-Known Member

    Joined:
    6 April 2016
    Messages:
    20
    Likes Received:
    1
    Hi Rod,

    Thank you for the help!

    Builder owes me $9000.00 (less than $10k) and this should not be big money for builders. I have all the documents ready to be sent for enforcement by the magistrate's court. Just thought I will give him a chance before but I'm confident this won't change anything.

    I'm worried that he might come up with payment plans in court. Just thinking of what I can do to avoid a payment plan. Hope the court will ask for a bank statement and evidence to prove he has no money?

    I think he would have spend < $2000 in cash for the work he's done so going through the payment option will be a pain (for me) and he might not pay every installment. This is why I was confused about doing DIY at court or seeking a lawyer.

    I'll do it myself now at this stage and see what happens.

    No, I have not seen him driving a vehicle worth $60,000 but I have seen him on a motorbike in Facebook (he might claim that is hired). He lives in nice house in Berwick that's all I know. I might have to spy on him and take photo of his car when he gets to his office. (I live on other side of the town and so have not done it).

    I thought about going and sitting in his office for a day but again I might be wasting time.
     
  4. Serge Gorval

    Serge Gorval Well-Known Member

    Joined:
    2 November 2015
    Messages:
    167
    Likes Received:
    10
    VCAT is generally a costless jurisdiction.

    If you get an order from VCAT you can seek an enforcement order from the magistrates court, however a payment plan always will delay stop enforcement action.
     
  5. KarmaWinsinEnd

    KarmaWinsinEnd Well-Known Member

    Joined:
    6 April 2016
    Messages:
    20
    Likes Received:
    1
    You mean debtor will ask for a payment plan? How should I defend? If I know their financial status, can I then defend to say they have enough money to pay the debt ?

    It is business and I'm fairly sure they have money and making money from other building works.
     

Share This Page

Loading...