QLD Retaining Wall - Tradesman Took Deposit but No Show?

Discussion in 'Australian Consumer Law Forum' started by John Munro, 28 March 2019.

  1. John Munro

    John Munro Member

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    Hello everyone,

    Our retaining wall is falling apart and we found a licensed landscaper to have it replaced. He claims that it'd take 3 days and took a 50% deposit. He showed up on the first day to remove the old wall, but he didn't show up after that.

    I called him many times and he said he'd come the next day. Now it's day 8 and it's still no show. Is this a matter I can take to the police and/or the builder's association (he's licenced but the online licensee search shows only his name and license number, but no "licence class")? Is there any hope that I could get some of my money back through small claims court? Can I seek other damages as well as it has taken me a lot of time chasing him.

    On a side note, if the plaintiff can only recover direct costs, there are not many disincentives against repeated "offences". This doesn't seem right.

    Many thanks.
     
  2. Paul Cott

    Paul Cott Well-Known Member
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    Hi John, The police or the builder's authority wouldn't be too interested in the aspect of getting your money back but you could take it to VCAT (or the equivalent body in your state) and or a court for recovery of the deposit presuming he isn't going to return. You may need to get a solicitors letter to him to get him to act and do the right thing here. Good luck.
     
  3. John Munro

    John Munro Member

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    Hi Paul,

    Thank you for the reply. Can I write him a Letter of Demand myself? Is a solicitors letter mandatory for the process?

    Thanks
     
  4. Paul Cott

    Paul Cott Well-Known Member
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    You could write a letter of demand but you may not have experience or knowledge of exactly what to say, with all respect to you. Might be better to get a solicitor to draft it.
     
  5. John Munro

    John Munro Member

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    Thank you for the helpful advice.
     
    Paul Cott likes this.
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