How to deal with this dodgy builder?

If you have started some proceedings with Fair Trading, keep your reference/file number handy. Should you receive a letter from a collection agency, you can provide this as evidence of your intention to not complete payment until the investigation has concluded. Definately do not just ignore a notice to complete from a collection agency though, make sure you have all correspondance from them in writing including acknowlegement of your proceedings with Fair Trading.

pinkboy

Yep thats what I was about to type pretty much. You saved me some time, I will now spend that time opening a bottle of red and wishing MsAli well :)
 
This is what I sent...updated it based on Pinkboy's feedback:

Please refer to my earlier correspondence between 9th June and 12th June 2012. As highlighted, since the matter is now before Fair Trading due to a) poor quality of workmanship b) incompleteness of the works done and c) you are not licensed to do the works you undertook, I deem it necessary that Fair Trading review the works prior to me making any further comments on the matter or to complete the payment until the investigation is completed.

Edit: I'm off to have English Breakfast tea. It's red too - if that counts.
 
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I have at least 4-5 cups of EB tea every day :D No coffee for me. Only if I am up till 3am watching a cricket match being staged in South Africa :p
 
I have at least 4-5 cups of EB tea every day :D No coffee for me. Only if I am up till 3am watching a cricket match being staged in South Africa :p

My cup never goes cold, both tea and coffee! ;)

Mentioning cricket, I have 2x Indians working for me, both cricket mad! :cool:

pinkboy.....dont mind a game of cricket at work every so often! :D
 
I'm not Indian but the rival :p

We have big screens at work. Once at lunch I had cricinfo on my desktop and then looking at the tv...so my boss asked me which one was refreshing faster lol.

Australia beat Pakistan in Jan 2009 - a test Pakistan should have one. I was presented the Aussie cricket team flag the next day...flying high next to my monitors - planted while I was in a meeting - everybody but me knew. I had to get my boss an Australian cricket duck from Rebel sport...as a gesture that Australia had whitewashed Pakistan in the whole series.
 
I'm not Indian but the rival :p

We have big screens at work. Once at lunch I had cricinfo on my desktop and then looking at the tv...so my boss asked me which one was refreshing faster lol.

Australia beat Pakistan in Jan 2009 - a test Pakistan should have one. I was presented the Aussie flag the next day...flying high next to my monitors - planted while I was in a meeting - everybody but me knew. I had to get my boss an Australian cricket duck from Rebel sport...as a gesture that Australia had whitewashed Pakistan in the whole series.

My boys are from Ludhiana, near Amritsar near the border in Punjab! Super cricket nuts! Im learning a bit of the lingo form them too, and my other staff I think have been calling me names in Hindi as they are snickering when they try it on me - Ill catch them out one day! :D All good fun!

When I was tiling domestic and comercial jobs many moons ago (Im only 29 lol, but it seems so long ago), we actually used to play cricket in peoples houses before starting tiling. Fark, we had a ball - except we started getting pretty shitty complaints from plasterers having to do patch-ups lol! We then played footy, but a nasty accident put a stop to such horseplay (building foreman got tackled through a window lol).

pinkboy....Ah, the good ol' days!
 
:) That is Funny!

I used to play cricket at home. Back home we had a home from the British days..around 100 years old at the time. Each room had multiple doors...giving you upto 3 rooms in a row to do the run up and bowl :p
 
Hi all,

The carpenter has come back with 24 hours and said he will be referring this to a debt collection company if not paid. Interesting when he was given 24 hours to respond about his license he didn't come back with any acknowledgement.

Has anybody dealt with something similar before? How do you deal with issues that are pending the review from Fair Trading? Fair Trading can take anywhere from 2 weeks to 4 weeks to respond to your case....

Here is a brief email I have drafted...
His email:


Any advice/thoughts would be much appreciated. :confused:

if you get a letter from debt collection - just notify them that the debt is under dispute (make sure this is in writing in a letter or email). Debt collection has strict guidelines to follow and yes quote the number you have been given by fair trading. if it was me - i would just get a solicitor to write a letter counter claiming damages to him.

as mentioned if his certificate of insurance does not cover sub contractors as a licensed builder - this is something you can use in your favour.
 
Cheers Melbournian. What do you mean by Debt collection have strict guidelines? Do you mean guidelines in terms of dealing with matters under dispute?
 
Debt collectors have strict guidelines on what they can do and when etc.

If they turn up just tell them it is a disputed debt and it is going through the courts.
 
Debt collectors have strict guidelines on what they can do and when etc.

If they turn up just tell them it is a disputed debt and it is going through the courts.

Terry, is suggesting "going through courts" akin to going through Fair Trading?
 
Terry, is suggesting "going through courts" akin to going through Fair Trading?

In your case, genuinely being under dispute, investigation by Fair Trading should satisfy a debt collection service that the debt would not be owed in distress to their client.

pinkboy
 
Cheers Melbournian. What do you mean by Debt collection have strict guidelines? Do you mean guidelines in terms of dealing with matters under dispute?

yeah as in guidelines to dealing with debt collection. they can't just rock up and harress you or give you a bad credit rating without notifying you and they have to address the current dispute over the amount. If it was easy - anyone can claim a debt - which is why i said it is always good to document in the event they pursue this option.

they also need to ascertain who original contract was with (your aunt, youself etc). If the contract was for a someone who is not the owner as listed in the certficate of title - there is usually little they can do.

but if you ask me - this chippie is just pulling a bluff and is kind of stupid as you would be fined if you're unlicensed. i would have struck a deal if i were him
 
I think he is trying to pressure and harass.

Today he emailed that he was going to go ahead with lodging the debt collection complaint. He added that "I think I'm licensed".

What's there to think? Not once he commented on the point that he wasn't licensed (point was re-iterated in multiple emails by us).

Could he just pretend to Fair Trading that he just didn't know he needed a license to do this work? What's the possibility of Fair Trading would or would not believe him? I would have thought when doing whatever tradie courses there would be an ethics subject which teaches them what is acceptable and what is not acceptable under their given license. Also don't tradies sign a declaration or take an oath to only work within their prescribed license?
 
I think he is trying to pressure and harass.

Today he emailed that he was going to go ahead with lodging the debt collection complaint. He added that "I think I'm licensed".

What's there to think? Not once he commented on the point that he wasn't licensed (point was re-iterated in multiple emails by us).

Could he just pretend to Fair Trading that he just didn't know he needed a license to do this work? What's the possibility of Fair Trading would or would not believe him? I would have thought when doing whatever tradie courses there would be an ethics subject which teaches them what is acceptable and what is not acceptable under their given license. Also don't tradies sign a declaration or take an oath to only work within their prescribed license?

Stick at it!

Claiming 'I'm not sure I'm licenced' blah blah blah is a very hollow argument. You probably find he is madly trying to get some type of license or going the route 'I was working under XYZ Pty Ltd' as mentioned earlier. This is a shallow attempt which Fair Trading will see through.

As for ethics - only the inner self can be happy satisfying working within the boundaries.

pinkboy
 
I think he is trying to pressure and harass.

Today he emailed that he was going to go ahead with lodging the debt collection complaint. He added that "I think I'm licensed".

What's there to think? Not once he commented on the point that he wasn't licensed (point was re-iterated in multiple emails by us).

Could he just pretend to Fair Trading that he just didn't know he needed a license to do this work? What's the possibility of Fair Trading would or would not believe him? I would have thought when doing whatever tradie courses there would be an ethics subject which teaches them what is acceptable and what is not acceptable under their given license. Also don't tradies sign a declaration or take an oath to only work within their prescribed license?

to be honest, i think he is only playing poker and trying his luck at bluffing. had a similar threat once by someone like this. If i were you - i would reply to him good luck with that as certificate of insurance does not cover unauthorized work done by sub tradies and take a snapshot of the carpentry license in which he has done so. Also state that due to this - you will have lost X amount of dollars in terms of time and rental and will be pursuing legal action to recover these amounts. And see what he says.

He can't pretend - it's like saying i thought i had a driving license from indonesia which i thought could be used here. As long as you got his name or company name/ABN on the invoice etc - that isn't much he can do even if he claims he is sub contracting with another registered builder.

unfortunately, they are no declarations for tradies to sign off - majorioty of these rogues who operate like this don't even know the legal ramififcations of operating unlicensed or inadequate insurance cover.
 
Hey Melbournian...we have decided against responding at all...

Yeh we also thought he could claim he is doing sub contracting for someone else but his ABN is on all quotations..so he can't use that.

Hopefully though, Fair Trading will be able to look through it!
 
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