VIC Refund deposit for missed renovations

Discussion in 'Australian Consumer Law Forum' started by scc1, 27 November 2018.

  1. scc1

    scc1 Member

    27 November 2018
    Likes Received:

    In September we have paid a bathroom renovations company a 50% deposit for just under $9000 to commence with the renovations mid November. We have a quote for the entire job and a receipt for the deposit. Earlier this month I tried to contact the person I was speaking to to confirm the start date and was only put through to a full mailbox message. Emails only received an auto respond email that no new jobs were being taken.

    After several unsuccessful calls, text and emails, we finally received an email answer saying that the owner was extremely unwell and hence unfit for work. The owner also apologised and mentioned that the company has potential to be liquidated and not able to refund our entire deposit. He asked to see if we can discuss some options to "making a payment arrangement" for the refund prior to winding up and losing the money.

    Since we couldn't get hold of anyone we did two things: 1. Opened a case with VCAT 2. Asked our bank to somehow claim back the money. Unfortunately payment was done via transfer.

    Now I'm not sure how I should go ahead with this. On the one hand we have two things running in the background, although I think only the VCAT case might have some sort of success. But what happens in the company goes into liquidation before the VCAT case is heard?

    I'm also not sure how to deal with the "payment arrangement" if they are currently not able to pay the full refund but still want to pay?

    I hope this explains the situation we are in and hopefully someone can give us some advice on how to proceed (or just wait for our VCAT hearing?.


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