Hi ladies and gents, I'm in need of some advice regarding a QCAT case I have lodged against the plumber.
The case is in regards to defective/incomplete work as well as failing to provide any paperwork for $2000 I paid him.
I have lodged/served(posted) all the required paperwork with QCAT and the respondent. I sent the paperwork to the respondent over four weeks ago now and also informed a solicitor who contacted me via email stating they are representing the respondent, that the paperwork was still awaiting collection at the post office after a failed delivery attempt by Australia Post.
After seeing that the respondent had still not collected the mail, 3 days after informing the solicitor of the mail I sent an email stating that it did not appear that their client seemed to have any intention of collecting the mail and that I will apply for a decision by default.
Two days later, the mail was still uncollected. I also do not believe the respondent did not know there was registered mail for him as AU Post carded his business address.
What do I do from here under Australian Consumer Law? I can lodge the application for a decision by default which really is a waste of time as QCAT told me he can then simply contact them and resume the case suspending my application and if no further action is taken by the respondent the case would be cancelled after six months.
I'm sorry for the long winded question but I'm really getting frustrated with how the system makes it too hard to do anything about shonky tradies. Thanks for any advice.
The case is in regards to defective/incomplete work as well as failing to provide any paperwork for $2000 I paid him.
I have lodged/served(posted) all the required paperwork with QCAT and the respondent. I sent the paperwork to the respondent over four weeks ago now and also informed a solicitor who contacted me via email stating they are representing the respondent, that the paperwork was still awaiting collection at the post office after a failed delivery attempt by Australia Post.
After seeing that the respondent had still not collected the mail, 3 days after informing the solicitor of the mail I sent an email stating that it did not appear that their client seemed to have any intention of collecting the mail and that I will apply for a decision by default.
Two days later, the mail was still uncollected. I also do not believe the respondent did not know there was registered mail for him as AU Post carded his business address.
What do I do from here under Australian Consumer Law? I can lodge the application for a decision by default which really is a waste of time as QCAT told me he can then simply contact them and resume the case suspending my application and if no further action is taken by the respondent the case would be cancelled after six months.
I'm sorry for the long winded question but I'm really getting frustrated with how the system makes it too hard to do anything about shonky tradies. Thanks for any advice.