WA Australian Consumer Law - How to Get Money Back from Tradie?

[Laura Giesberts]

Dear all,

We have paid a tradie (via bank transfer) $4000 to buy pavers. He was going to get the labour ($2500) when the job was done and we were satisfied. He was very pushy to get the money so we finally agreed to transfer instead of paying it in cash.

After a few weeks and heaps of excuses, he finally admits that he used the money for his company as he had personal problems and was in the middle of his divorce. He was depressed and couldn't give us our money back within a month. We told him that we lost trust and that he has been lying from the beginning and used us so we wanted the money back. We never received the pavers and wanted him to sign a form where he confirms that he was going to pay the money back.

He refused to sign the form. I kept all the texts that he sent us. I just don't know where to go to get our money back. He had until the 15th of August to pay back the money and it is not in our bank account.

Could you please suggest how to proceed under Australian Consumer Law?

Thanks.

 

[Victoria S]

I would be sending a "final" letter of demand which demands immediate payment of the money and providing 7 days to do so failing which you will be instituting legal action to recover the money. You can then file a claim in your state small claims or Consumer and Administrative Tribunal. Keep all evidence you have including texts. That's standard debt procedure.

Other option perhaps is getting consume affairs or office of fair trading involved on the basis that you need to enforce a refund which has not been forthcoming for services not performed or perhaps even misleading and deceptive conduct.

 

[Laura Giesberts]

Brilliant! Thank you so much for your quick reply! Will give it a go!