VIC Builder Owes Money - Already been to VCAT and Magistrate
- Thread starter Helena Jane
- Start date
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- Tags
- builder debt collectors vcat
I think SOE (Summons for Oral Examination) is the starting point before Garnishee order.
Could very well be, good point. A starting point to take it further I suppose.
Agreed. Also, It dependents on the debtor size, in some cases you could go directly to warrant to seize property. e.g. If your builder is rich and have display homes and big display stuff, etc.
I suppose type of builder will pay if the VCAT order is made won't risk up to court (genuine dispute, rather than try to rip you off).
Go to your local Rugby club with a carton of beer and a minibus - should fix it quite quickly. (joking of course).
I believe the OP has tried the property route however was unsuccessful. I think the Govt need to fix this properly before it becomes commonplace.
unfortunately my experience with vcat has been very similar
i rented a room at the start of 2017. i soon found it was infested with bedbugs. i asked the landlord to get an exterminator, she refused
6 months later and 5 vcat visits and hours of paperwork and i was awarded $1,070 compensation from vcat (which i have yet to receive)
the cost of an exterminator is about $1,200 - $1,600. so it was just cheaper for the landlord to do the wrong thing and go to court
in addition, she didn't lodge my bond money with RTBA and kept it. this is illegal, and i reported it to consumer affairs/justice department. the vcat member said to her "in future, lodge bond money with RTBA" - but she received no penalty
so yeah, i can corroborate other peoples' experience here - the legal system for civil disputes is very weak
my recommendation to the guy who's had a dispute with the builder is pay a web developer to setup a 'name and shame' website (costs maybe $500). this will cost them money in lost business plus warn other people so they don't suffer like you have (it's *a lot* of stress doing legal stuff)
i've done it before to a business that withdraw money out of my bank account without my permission. i better not put the link here because the mods will think i'm doing SEO. the business wasn't fazed by the vcat case i lodged against them, but they certainly didn't like the expose website about what they were doing
i rented a room at the start of 2017. i soon found it was infested with bedbugs. i asked the landlord to get an exterminator, she refused
6 months later and 5 vcat visits and hours of paperwork and i was awarded $1,070 compensation from vcat (which i have yet to receive)
the cost of an exterminator is about $1,200 - $1,600. so it was just cheaper for the landlord to do the wrong thing and go to court
in addition, she didn't lodge my bond money with RTBA and kept it. this is illegal, and i reported it to consumer affairs/justice department. the vcat member said to her "in future, lodge bond money with RTBA" - but she received no penalty
so yeah, i can corroborate other peoples' experience here - the legal system for civil disputes is very weak
my recommendation to the guy who's had a dispute with the builder is pay a web developer to setup a 'name and shame' website (costs maybe $500). this will cost them money in lost business plus warn other people so they don't suffer like you have (it's *a lot* of stress doing legal stuff)
i've done it before to a business that withdraw money out of my bank account without my permission. i better not put the link here because the mods will think i'm doing SEO. the business wasn't fazed by the vcat case i lodged against them, but they certainly didn't like the expose website about what they were doing
I have the same story. I lost over $15,000. Unregistered builder who we have labeled him as the 'Missing Linc'.
After contacting the Victorian Builder's Association, they assigned a private investigator who in turn recommended the 'Missing Linc' builder be prosecuted with about 5 offences. He's looking at being in some very hot water. Financially, that does not assist me but hopefully it stops him from doing it to someone else.
I would like to commence legal proceedings against the 'Missing Linc'; do any of you have some comments on how to do this and what recommendations you would make?
After contacting the Victorian Builder's Association, they assigned a private investigator who in turn recommended the 'Missing Linc' builder be prosecuted with about 5 offences. He's looking at being in some very hot water. Financially, that does not assist me but hopefully it stops him from doing it to someone else.
I would like to commence legal proceedings against the 'Missing Linc'; do any of you have some comments on how to do this and what recommendations you would make?
Hi Helena Jane,
i am in EXACTLY the same situation as yourself now and the amount we paid was in late 2017. wondering if it's the same person? the guy who owes us lives at Hillside in Vic. not the same guy is it?? (and thanks for bringing the whole subject up - this forum has been excellent for obtaining feedback and viewpoints.)
Hi Gary, I’m sorry to hear that. We have never recouped our funds and just had to swallow it as there was nothing else we could do.
I won’t give the persons full name on here but his first name starts with a D and he was in the western suburbs (we were in Seddon) so he might still be in that area.
Best of luck !
I won’t give the persons full name on here but his first name starts with a D and he was in the western suburbs (we were in Seddon) so he might still be in that area.
Best of luck !
Thank you Helena - great that you can respond so quickly! i refuse to be over-ridden so we are going down the Armageddon path. if i have to bankrupt this guy i am going to do it. His personal initials are RD and his trading name for his company was DGS. so obviously not the same guy. (But any others out there see that this matches their creditor, please communicate with me!). I have looked through the blog and determined we are getting a Summons to attend for Oral Examination (SOE) first. i realise that he could just lie and say that he has absolutely nothing but i am going to personally attend and note what is presented in the Magistrate's office. he has since set up a company and moved his business to that but his home may be in his personal name but even if it is and the Court may refuse to force him to pay the $3,600 or so out of a mortgage on the house, i will then apply for instalments. this will be mentioned at the SOE and i am hoping it can be discussed with the magistrate as to what is a reasonable repayment (with the 10% interest added of course!). my understanding is that if he then doesn't pay the agreed instalments, he then can be arrested (but i need to check that out).. any other thoughts out there would be appreciated. thanks for kicking this off Helena. i am really sorry you were abused like this - i see it as personal abuse and these guys should be jailed!
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