Cheers Pinkboy....
Hopefully FT will be able to go through ALL evidence provided and not be oblivious to it!
How to deal with this dodgy builder?
- Thread starter monalisa
- Start date
Cheers Pinkboy....
Hopefully FT will be able to go through ALL evidence provided and not be oblivious to it!Cheers Pinkboy....
Happy dealings with 'the system'
pinkboy
Lol, which one?
All government departments need some direction. I'm sure there are lots of competent people there, but I have had to show some direction in the past
Happy dealings with 'the system'
And around and around and around and around!
pinkboy
so other then him accusing you of making this a big conspiracy,
he is going to take you to court AND fix the problem,
or just the former?
he is going to take you to court AND fix the problem,
or just the former?
Yes, courts should scare you.
There is a possibility that you will lose, even if you are in the 'right'. If you do lose the costs on something like this may not amount to much, but you will have a court judgment against your name. This will appear on your credit file and will hurt your chances of getting finance in the future.
When analysing this try to think from his point of view too. What will he be arguing and what evidence does he have to support his claim. What questions would he be asking you if you were to give evidence etc.
There is a possibility that you will lose, even if you are in the 'right'. If you do lose the costs on something like this may not amount to much, but you will have a court judgment against your name. This will appear on your credit file and will hurt your chances of getting finance in the future.
When analysing this try to think from his point of view too. What will he be arguing and what evidence does he have to support his claim. What questions would he be asking you if you were to give evidence etc.
Agreed with Terry_w, there should be some concern, but not 'sleepless night concern' yet. This is now the time to diligently make sure you have recorded all conversations, emails, invoices, quotes, photos, documented call to FT yourself, and all things relevent from the date of engagement of the carpenter. Put them all in chronological order.
Address his issues in your documentation above; 'On this date and time, I notified XYZ P/L of the problem via email..........I was unhappy with his response time, and his response was unsatisfactory when I received on [date/time].........I gave ample time to address the problem, and finally after the breakdown in communication, I seeked further advice from FT.......
......and as you go.
Being prepared, and being organized with all the facts will be your best ammunition in court. If he is as shotgun with his organizational skills as he is with his licencing and work quality, this will weight in your favour. (Im not giving false hope to you as a shoe in for the win, merely demonstrating that fact and organization will be an influence that anyone in court will favour upon).
I love the fact he 'BCC in the painter', and told you in the email - classic
!pinkboy
Have you read the thread? I'd assume not.
You never know how courts are going to decide, and even if you win you might end up spending a lot of money and have nothing to show for it.
I've been to Fair Trading over bad floor work I had done to my PPOR some 12 years ago. We got the finding in our favour, yet we've still got the same crappy floor, the tradesman did a runner and was unlicensed so there is no insurance to claim on.
Get the info from Fair Trading and be sure you have followed all the steps otherwise you won't get past Go. Trades people have likely been to Fair Trading before and know much more about it than you do (even if they are great tradespeople there will always be a disgruntled customer who will take them to FT over something).
Get all your documentation together NOW and have it arranged so your argument can easily be shown to the Fair Trading person very logically and simply. If you don't have documentation, or the argument does't seem logical or strong then it ISN'T looking good. The other party just might be able to sit there and say "I wasn't given time to complete the work."
Lastly, be very clear what outcome you want from the hearing. You might, for instance, want the job completed, or re-done to a better standard. The judge-person will then decide whether that is reasonable or even possible. If there is a disagreement about the *standard* of work, say, then the judge might question why somebody expected solid marble and gold leaf when the budget was only enough for a simple paint finish.
Last edited:
Yes....,,,
i think it is best get all your documentation in order. email, what transpired etc notes ,pictures, diaries.
he will most likely say that he didn't get a chance to rectify any of the faults and fair trading will be asking you what you did to ensure he got a chance to have a go. As to whether he was rude, difficult is irrelevant and the only chance is the conversations were noted through email as to whether he said he would come back, did the painter come back and did you meet with him to discuss it? (as i mentioned earlier in the post).
have you done your investigations as to what the insurance certificate covers? him as a carpenter or as a builder that covers all his sub trades. this would be key if his insurance does not cover trades - you have every right to refuse someone to enter your property to do the work. not sure what he is on about the courts but in ViC it is just a tribunal. he would have to cough up a couple of grand just to get the ball rolling in the magistrates court.
scare tactics if you ask me.
you could respond which is best (as it is seems that he would claim you are ignoring payment due to the fact that you have not responded)
he will most likely say that he didn't get a chance to rectify any of the faults and fair trading will be asking you what you did to ensure he got a chance to have a go. As to whether he was rude, difficult is irrelevant and the only chance is the conversations were noted through email as to whether he said he would come back, did the painter come back and did you meet with him to discuss it? (as i mentioned earlier in the post).
have you done your investigations as to what the insurance certificate covers? him as a carpenter or as a builder that covers all his sub trades. this would be key if his insurance does not cover trades - you have every right to refuse someone to enter your property to do the work. not sure what he is on about the courts but in ViC it is just a tribunal. he would have to cough up a couple of grand just to get the ball rolling in the magistrates court.
scare tactics if you ask me.
you could respond which is best (as it is seems that he would claim you are ignoring payment due to the fact that you have not responded)
True! But justice must seen to be done too.
If the law was simple then there would be no reason to have courts.
In this matter both sides may have valid arguments and either side could 'win'.
i have read this post from the begining and i agree.
as someone who has gone through this process many times, from what i can see - either side could win
if MsAli had met with the builder, talked about the issue and then he refused to fix say X,Y,Z then by all means she would have had the upper hand.
however now the builder can say i never got a chance to come back and properly fix the issue. he could also say MsAli refused to pay and just fired him without giving him a chance.
and i am 100% sure fair trading will say this - what did you do to ensure the trade came back to have a go to fix it? as you can't just hire someone to do some work and then decide they're not good enough and then fire them without giving them a chance to rectify.
you need to provide clear evidence that the you did give the painter a chance to come back and rectify and if it wasn't up to your satisfaction - you need to show some proof. A building inspection report would have come in handy as in now.
as someone who has gone through this process many times, from what i can see - either side could win
if MsAli had met with the builder, talked about the issue and then he refused to fix say X,Y,Z then by all means she would have had the upper hand.
however now the builder can say i never got a chance to come back and properly fix the issue. he could also say MsAli refused to pay and just fired him without giving him a chance.
and i am 100% sure fair trading will say this - what did you do to ensure the trade came back to have a go to fix it? as you can't just hire someone to do some work and then decide they're not good enough and then fire them without giving them a chance to rectify.
you need to provide clear evidence that the you did give the painter a chance to come back and rectify and if it wasn't up to your satisfaction - you need to show some proof. A building inspection report would have come in handy as in now.
I have had a couple of issues go to Fair Trading, as has a friend of mine. In all cases, they expected the company to have a chance to rectify the problem. Where we hadnt allowed them to, they wouldn't progress the issue any further. Same with our friends.... first step was to allow company to rectify.
So, I think this is a problem with your side of the claim.
So, I think this is a problem with your side of the claim.
