fraudulent tradie

Discussion in 'Legal Issues' started by Just-An-Investor, 22nd Apr, 2019.

Join Australia's most dynamic and respected property investment community
  1. Just-An-Investor

    Just-An-Investor Active Member

    Joined:
    28th May, 2018
    Posts:
    43
    Location:
    Canberra
    Dear All
    I had a tradie who gave me quote to replace the laminate bench top with stone. He looked very authentic who came in a company car, gave a proper invoice on company letter head. We agreed on the price and the requirements. He wanted a 50% deposit for starting the work which amounts to abou $4500. I said I can give only $1500. He collected the money in cash and sent me a text message as a receipt. He then sent me a message that he is unable to do the job as the supplier does not have stock. I said I want the money back. He then sent me a text message that the money was transferred to the nominated bank account. I said I have not received the money and to send a proof of transfer. He is now not responding to the calls and no contact and it is now 3 weeks. What are my options to recover the money. His registered company has address details.
    I was looking at following options
    1. Fair trading. Not sure how effective this option would be.
    2. Debt collector. This would add to further cost and not sure if I can succeed still
    3. Police. Will this not amount to theft. If the same person come and stelas money it become a crminal case but if he comes and collects the money and disappears is it not the same?

    I do not want to let him get away as this would be encouraging him to do it again to others. I reported this to the serviceseeking website from where he gave me the quote. They said they are unable to help in this matter.

    This has wasted 4 weeks of my time and have now engaged another person to complete the work.
    This is my first such experience.
    Thanks you for any assistance.
     
  2. ellejay

    ellejay Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    2,192
    Location:
    Kimberley and NZ
    I'd speak to the police about that. They'll let you know if it's not a job for them. Also contact Trading Standards.
     
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,930
    Location:
    Australia wide
    Police will brush you off.
    You would need to sue the company. Make sure it is a real company first
     
  4. ellejay

    ellejay Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    2,192
    Location:
    Kimberley and NZ
    I didn't get a brush off from the police when I had a similar, but larger problem recently. You may need to go to court to recover the money but it's very expensive and unlikely to be worth it for that amount. Marshall Freeman debt collectors.seem to have a good success rate and charge a percentage. Definitely worth talking to them.
     
    Terry_w likes this.
  5. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,930
    Location:
    Australia wide
    Yes well worth a try
    But really it is a civil dispute, but could also be a crime too.
     
    ellejay likes this.
  6. ellejay

    ellejay Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    2,192
    Location:
    Kimberley and NZ
    This has definitely become my full time job since I was well and truly taken advantage of recently. I've tried out a few of the available options

     
  7. Just-An-Investor

    Just-An-Investor Active Member

    Joined:
    28th May, 2018
    Posts:
    43
    Location:
    Canberra
    Thank you all. More than the amount of money lost it is about the way the money was sipphoned off which makes me angry. I feel if this guy gets away he will be a repeat offender. I just looked at the ACT policing website which has the following definition for Theft. Since the money has been taken by deception, it would satisfy the definition of theft.
    Theft
    The unlawful taking or obtaining of money, goods, services (other than from motor vehicles) or non-motorised vehicles, without the use of force, threat of force or violence, coercion or deception, with the intent to permanently deprive the owner/possessor of the use of the money or goods. Additionally, the taking of another person’s motor vehicle parts or its contents illegally, whether or not this also involves the taking of the motor vehicle.
     
    ellejay likes this.
  8. ellejay

    ellejay Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    2,192
    Location:
    Kimberley and NZ
    The police have been awesome with me .It's 100% worth reporting, even if it just leaves info on a file until next time. A property mentor has taken a large amount of my money. Until it happens to you, people have no idea how easily it can happen and how devastating the effects can be.

     
    Last edited by a moderator: 22nd Jul, 2019
    lixas4, Beano and Terry_w like this.
  9. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,225
    Location:
    Sydney or NSW or Australia
    Contact Fair Trading - they crack down on shonky subbies.

    Does the company have a physical address?
     
    ellejay likes this.
  10. Chicken or Beef?

    Chicken or Beef? Well-Known Member

    Joined:
    15th Feb, 2019
    Posts:
    112
    Location:
    Sydney
    Fair trading are completely and utterly useless. All they do is send a letter and if the business doesn’t respond they tell the customer to take it to court at their expense. If the company gets more than 30 complaints in a month they end up on Fair Trading’s **** list of the month. You need to be pretty special to end up on the **** list, you’ll be in good company though along with the likes of Harvey Norman, Good Guys etc
     
    Last edited by a moderator: 22nd Apr, 2019
    Stoffo likes this.
  11. Just-An-Investor

    Just-An-Investor Active Member

    Joined:
    28th May, 2018
    Posts:
    43
    Location:
    Canberra
    The only address is what I have from the quote. I believe it is his home address as I drove past that to see what is there. I have checked his ABN details and has the same address on it. That was the reason I was thinking of sending a debt collector
     
    SeafordSunshine and ellejay like this.
  12. Chicken or Beef?

    Chicken or Beef? Well-Known Member

    Joined:
    15th Feb, 2019
    Posts:
    112
    Location:
    Sydney
    Why don’t you just knock on the door?

     
    ellejay and thatbum like this.
  13. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,930
    Location:
    Australia wide
    You inferred it was a company. If so you should be using their registered address as recorded on ASIC register
     
  14. Just-An-Investor

    Just-An-Investor Active Member

    Joined:
    28th May, 2018
    Posts:
    43
    Location:
    Canberra
    I was considering knocking on the door. Not sure of the consequences and also how to handle the situation.
     
  15. TMNT

    TMNT Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    5,572
    Location:
    Melbourne
    Hope he wasn't Irish.

    A lot of Irish/Irish accent scammers doing this over recent years
     
  16. ellejay

    ellejay Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    2,192
    Location:
    Kimberley and NZ
    What on earth difference does it make if he's Irish?

     
    bmc likes this.
  17. ellejay

    ellejay Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    2,192
    Location:
    Kimberley and NZ
    If you're certain he received your previous communications and is just ignoring you then you don't need to knock on the door (unless you want to). I'd only do it if I knew I could stay calm, and that it wouldn't stress me out. If you go, just let him know that you've contacted him previously without response and you're now speaking to police and debt collectors. That might be enough. Ask for immediate repayment.
     
  18. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,225
    Location:
    Sydney or NSW or Australia
    Linky
    Kinky
    Stinky

    A whole generation of Irish scammers
     
    ellejay, HUGH72 and TMNT like this.
  19. Just-An-Investor

    Just-An-Investor Active Member

    Joined:
    28th May, 2018
    Posts:
    43
    Location:
    Canberra
    Thank you. I just sent a final notice saying I will lodge a formal complaint with police under deceptio case if I donot receive the money by Tomorrow. I am a bit hesitant to knock on his door at this stage as I do not know what to expect. I would rather pay some money to debt collector to do this.
     
    ellejay likes this.
  20. balwoges

    balwoges Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    1,706
    Location:
    Lake Macquarie
    Always check ABN/Licence of anyone who quotes on a job BEFORE you let him loose on your property.
     
    ellejay likes this.