Ripping Tradespeople Off

Properly a bit off topic and certainly the other side of the coin from the Forums perception but I'm going to get on my soapbox and ask for an opinion anyway

Roughly 2 years ago I was called out to a property to get an onion on some electrics of a house
As a Electrical Contractor I knew the house as I had upgraded the switchboard some time before this (over a year)
I then told the previous owners the house need rewiring (pensioner couldn't afford it)

I quoted the new owners a price and they reluctantly agreed saying they hadn't budgeted for the additional work but it will be OK handed me the keys and ask if I could start asap

A really long story short these people lived some 2 hours ago and bought the house to renovate and move into a cheaper scenario (very common here).

Two days into the Job the owners discover a wall just suspended by the top plate (was flapping in the breeze (dodgy extension work)) Said he would have to get a builder in

Turned up the next afternoon to find the builder (I has previously had contact with and was under the impression was unlicensed)

The Builder was walking round the house looking at things he could do to improve the house while drinking a JIM BEAM???
The owners left and the Builder told me some of the work I had done had to be redone as he was pulling walls out etc

I voice my concern to the owners the next day only to be told he is now in charge and do what he asks

As I could only get there some afternoons (being stuffed around rerunning cable etc was dragging the job out ie no money so I had to work elsewhere)

I was constantly getting phone calls in the morning from the builder telling me the need to run cable into a specific wall as they need to plaster it the next day
I remember work there a few night till 10PM in the dark just so I didn't hold the builder up only to find the wall still not plaster a week later
The builder was using me as an excuse to bump his price up

Another bout of Bad luck was I lost my work car in a fire
I was offer a job unrelated to electrical work and took it but only worked morning which left me free to do the work in the afternoon

OK so I did sit the owners dawn and told them the story and how I was on the verge of bankruptcy and could only be there a in the afternoons as I need to feed the family

The wife was sympathetic and explained to me they where almost bankrupt and where walking away from the house 2 hours away and the bank can have it??
Was then told the Wife's mother was paying for the renos??

A few days later I got a phone call from the owners wife asking me why I wasn't at the house I explain that I told them my situation and would be there that afternoon she replied they had told me there situation and I had till the end of the next day to complete the job
I told them there was over a weeks work left to do
The reply was send us an invoice for the work done and they will get someone else to finish
I went to the house that afternoon to talk to them of course on one there but different front door different lock I could get into the house!!

This is where the fun begins (sorry long story)

After sending an Invoice for just over halve the quoted amount I never received anything
I rang and text them constantly with no reply
They never seemed to be at the house anymore

6 months later still no one living at the house

So I engaged a Debt collector
1st one couldn't find them so gave up
Spoke to a local solicitor who said good luck with it and ushered me out the door
2nd Debt collector said we will find them
Long story short they spent month trying to track them down
The owners knew there way around the privacy act

I eventually caught the owners at the house and was very in politely told to P**s Off and let there solicitor handle it

My way of thinking was I had down work and have to be paid something

Months pasted with no movement form the debt collectors who where telling me they had contact from the owners and where going to go bankrupt

I paid for a bankruptcy search to be told hey haven't lodged anything as of yet

The debt collectors then suggested The leave it for a few months as then hit them with every thing they have got and the hopefully they will be living in the house and be able to be found easily

I asked what would happen if they lodged a notice to go a bankruptcy
To be told the debt collectors would be notified and would act accordingly

So six months on I contacted the debt collectors only to be told the owners have gone bankrupt and there is nothing anyone can do
End Of story???
I questioned there previous statement about the intention to go bankrupt notice to be told anyone can go bankrupt anytime without notice??

After some investigation I found the house is in a males name (not the person I had the dealing with and not the mothers unless her name is LEO)

I see the owner in the supermarket occasionally and give me a strange look with a snigger as to say I ripped you off

Ironically the house has recently has a massive big garage built out back, Central heating installed, New fences. New Front fence evaporative air conditioner
And in the last few weeks Bay windows Oh but they are bankrupt.

So I pose the question what would you do
I'm thinking about putting a complaint against the Debt collector to the financial OMBUDSMAN and seeing a solicitor but not sure it I will be wasting me time

Firstly Going to pay for a Bankruptcy search maybe??

BTW this has put me into an extreme financial hardship scenario and was force to do a part 9 debt agreement with my creditors
I had to declare Insolvency and IMO ruined my life??
 
Where is your contract you should have had with these people...?

Looks like all is lost except....well, nah...better not.

Id be working on a way to take that snigger off that face though.....;)
 
get a better debt collector - seems like they're pretty novice to me

by right if you got a quote and it has been accepted. you can basically give a deadline... and also go to VCAT to get a judgement and get the sheriff involved.

Unfortunately - things like that do happen so it is important to make sure that everything is documented.

Seems like you run into a bad stroke of luck - sometimes it is better to just read your customers - some are just bad news - so best to stay away.
 
Sadly, professional scammers are just that, professional and they will play you ( as I have been played) like a violin.

Always nothing in writing unless it helps them. Promises made but never delivered. Always a reason, mums sick, dog died, kids broke arm....

I worked for a guy just like that. He would charm, smile, shake hands, share beer with those he owed money and if pushed even write a cheque but then saw , "bugger, someone else has to co-sign, will do that later and mail today" and when tradies left the office, tear up the cheque,

Then ignore their calls for two weeks. Then return calls and blame the mail had lost the cheque and then say he could not pay until bank authorised cancellation of the said cheque. Weeks and weeks of delay.

He was literally, a sociopath.

I resigned after one too many lies.

regards Peter
 
am I missing something here? they owed you money, they went bankrupt. Just lodge your proof of debt with the bankruptcy trustee (probably a waste of time but you never know) and that's the end of it. Why would you go to ombusdman and lawyers etc?
 
I think you went about it all wrong. You should have just taken the person you had a contract with to court and got a judgment. You could have then begun proceedings to get paid.

Debt collectors are useless in this sort of situation. Not sure what you have to complain about regarding the ones you used either.

And you always have to think of how you are going to get paid before you start the job.
 
Where is your contract you should have had with these people...?

I'm told a verbal agreement is as good as a contract
But the problem would have still existed they couldn't be found

Id be working on a way to take that snigger off that face though.....;)

Realistically where would that lead too
(but thinking along those line ATM)

get a better debt collector - seems like they're pretty novice to me
.
I agree but is it to late
The Debt collection company in question has office in most states in Australia
One would think they knew what they where doing

and also go to VCAT to get a judgement and get the sheriff involved.
.

Isn't that what the Deft collector should have done
But then again they couldn't find them
Can I still go down this path


am I missing something here? they owed you money, they went bankrupt. ?
If they are bankrupt how are they finance the new additions to the house

I'm going to assume the wifes mother
But she didn't contract me for the work to be done he did so its his responsibly to pay me is it not??


Just lodge your proof of debt with the bankruptcy trustee (probably a waste of time but you never know) ?

How do I go about this and what will it do for me


Why would you go to ombusdman and lawyers etc?

Because I think the debt collecting company is at fault

I think you went about it all wrong. You should have just taken the person you had a contract with to court and got a judgment. You could have then begun proceedings to get paid.
.

As I said above no one could find them initially
And I thought thats what the Collection company was going to do
 
A verbal agreement is a contract, but it is not as good as a written contract because when it comes to evidence it is just you decelaring "he said xxx" and him saying "no I didn't, I said vvv"

It would have been good just to get a judgment against them, even if you couldn't find them. This way they are likely to come looking for you because when they apply for finance etc, they would probably be rejected because of the judgment of their credit file.

Once you had judgment you would need to find them to enforce it. But still no need to use a debt collector
 
also - if you have don't have their contact details - then it's a needle in a haystack - which is why builders always ask the customer for certificate of title before commencing work etc.
 
It would have been good just to get a judgment against them, even if you couldn't find them. This way they are likely to come looking for you because when they apply for finance etc, they would probably be rejected because of the judgment of their credit file.

Shouldn't the Solicitor advised me of this
Can A layman do it and is it too late

How much is owing?

That is irrelevant its the principle

BTW this isn't the first time this has happened (seems to be common around here)

which is why builders always ask the customer for certificate of title before commencing work etc.

Would this have been any good as the property is supposedly in the mother in laws name even tho a title search would came up with the name LOIS ****** unless her name is Lois (possible I guess)

But my understanding is she didn't contract me to do the work so its not her responsibility
 
Shouldn't the Solicitor advised me of this
Can A layman do it and is it too late

Possibly - but did you retain the solicitor?
A layman can do it all him/herself.
It may be too late if the person is bankrupt, or if it was a long time ago.

The amount is certainly relevant for 2 reasons:
1. If it is too small it is not worth the bother
2. The amount will also determine which court is appropriate.

If it is a large amount then it is more serious and more complex and you may not be able to run the court case yourself. You may also run the risk of having to pay the other side's legal expense if you lose and/or if there are stuff ups.
 
Would this have been any good as the property is supposedly in the mother in laws name even tho a title search would came up with the name LOIS ****** unless her name is Lois (possible I guess)

But my understanding is she didn't contract me to do the work so its not her responsibility

very true - which is why she can say the work was not authorised by her.

i would just move on in life.
 
Agree, without clear details you are wasting your time and if bankrupt, even then.

Remember Alana Bond wen t up and paid 1.5c in $1 to get our he is presently worth $800M. If expert big boys cannot get his cash, us little guys have no hope.

Peter
 
Agree, without clear details you are wasting your time and if bankrupt, even then.

Remember Alana Bond wen t up and paid 1.5c in $1 to get our he is presently worth $800M. If expert big boys cannot get his cash, us little guys have no hope.

Peter

The little guys generally have more hope because most little people have assets in their own names and have not generally considered any asset protection strategies. Then again many little people have no assets...
 
The little guys generally have more hope because most little people have assets in their own names and have not generally considered any asset protection strategies. Then again many little people have no assets...

You missed my point....

When I referred to little guys I was referring to creditor not debtor. Thus, if big creditors like banks cannot get anything from professional bankrupts (like BondY) then we should accept that and move on.

I agree some small operators have assets worth chasing but from what i read these clients knew from the start what they were doing.

Regards Peter 14.7
 
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