VIC Builder Owes Money - Already been to VCAT and Magistrate

[Helena Jane]

Yes it’s so frustrating that some people can get away with it... and live with themselves. needless to say I could really use that $7,900 right about now but we’ll never see it.
I really hope you get some justice and that it doesn’t drag on forever as it’s such a stressful draining process.

 

[Gary Jackson]

Hi there, In dot point form!

• We hired a builder to build a deck in our yard.(over $5k)
• It wasn't to code.
• We stopped the works and asked for the balance of money back.
• Answer was "no".
• We got a building inspector report and submitted case to VCAT. Ruling for full refund in our favour.
• Builder didn't even show.
• No response to VCAT ruling. We submitted to the Magistrate. Warrant for seizure of property was given. Sherif turned up and said "give us your things." He said "I don't have anything" and that was that. We then took the debt collectors route at the sheriffs office suggestion. We can't afford to send the guy bankrupt and its counter intuitive considering it costs over $5k to do so when he owes us $7.5k.

ANY other avenues we can explore before we hand the case over to the building commission who will likely fine him and send him bankrupt? Thank you! Young couple that are feeling a bit jibbed by the system.

By the way Helen, did you end up handing the case over to the Building Commission and did they bankrupt him?

 

[Helena Jane]

Hi Gary, No I didn’t think that was an option as he wasn’t a registered builder (something we realised after the fact!) so not sure what they could do.
We went through VCAT and was found in our favour. But when warrant to seize property was executed (twice) he simply said “I don’t have anything.” Which was a lie and the police who serve the warrant aren’t obliged to investigate. Because we have already been through VCAT the DBRV (Domestic Building Dispute Resolution VIC) won’t help.
We just couldn’t come at the cost of 5k to bankrupt the guy, cause stress to perhaps wait a huge amount of time to get our money back which after costs would have been $2,300. He owed us $7,900.
I wish there was away that legally he would have a mark on his record due to unfulfilled warrants but not the case sadly!