cabinet maker constantly cancelling

Hello,

Just wondering if anyone is aware of any legal avenues we can pursue to get our deposit back.

We met up with a cabinet maker mid December and he measured/quoted. We accepted and installation was to be the 3rd week of January. He required a 50% deposit to book in and then 25% once ready for installation and 25% on completion. We paid the 50% straight away.

He said he was running behind so 3rd week jan became 30, 31st January. Since then he has cancelled and re booked 8 times. He never calls, it's either text or email and has been the morning of the booking! The last time he didn't even bother letting us know and he wouldn't answer our calls all day. My boyfriend ended up going to his house to find out what the hell is going on. He saw that the cabinets do appear to be there ready to go but this idiot just won't come and install.

We have 5 other trades waiting on him to finish.

Is there any way of getting our 75% back? (We paid the 25% as he said he was ready to install and payment was due)

Does the building commission cover this type of issue?

This guy really doesn't care that we are turning our lives upside down with work to be home when he says he is coming to install.

He saw you coming, and you've been done like a dinner.
I doubt he is licensed and I doubt you'll see the money again.
Contact the Consumer Affairs office of your state as a starting point.

He has an ABN and a proper workshop at his house with the machinery. I did check up on the deposit and it seemed like 50% up front was normal for cabinets due to the high cost of materials. I'm hoping you're not right but feel like you might be!

I'll try consumer affairs, thanks

In Qld consumer laws disbar builders asking for more than 5% when the value exceeds a certain amount. That doesnt stop them asking for 10% or more though. A bunch of cowboys.

NEVER give any business a 50% deposit. Ask them to specifically justify the amount. You'll find a lot of the time they cant. Cabinetry has nothing to do with it, he still has the materials if you pull out - its not like he loses out hugely. He can still sell it to someone else.

And did you get a proper printed receipt with a serial number and ABN on it? IF not you're going to have an uphill battle to prove you gave him money. Im guessing you gave him $4000+?

Yeah we have proper receipts for the payments and it was all done by bank transfer. This guy just can't be arsed coming to install

I had a look at the consumer affairs website and looks like my only option is the "provide the service in a timely manner". Going to call them today and start the process tomorrow if he doesn't show again. ..

So far he has just over 5 grand...we can get our money back through the bank as well it seems but it's a 4 plus week process and I'm guessing he can dispute it

Sounds legit then, a con man wouldnt take money off you that way. Send hima letter of demand stating he has to install the cabinetry ASAP, or you require the deposit refunded in full. Make sure you tell him if he doesnt comply you'll take it to Civil Court.

He sent an email last night cancelling our order and will send a full refund fingers crossed that happens! !! Thanks

My sister had this problem with a kitchen cabinetmaker around the Fremantle area. Took her around two years to have her kitchen done. She did get there in the end, but it was a very frustrating time for her and really took the gloss off a long looked forward to upgrade.

I hope you had success.

Nope no success....He ignored consumer protection and has not responded to our intent to go to the small claims tribunal currently waiting on the bailiff delivering court docs to him but they will only try 3 times

Darn. What happens if the Bailiff doesn't have any success.

Sounds like he knows how to play the system.

Well the bailiff failed first 2 attempts...1 more to go..then it's up to us to deliver it

What a dirtbag. A maggot operating under the guise of appearing legitimate. People like this make my blood boil!!

If you get to civil court and a judgement is made against him, he can still refuse to pay, if which case you still have to chase him legally. Although the judgment against him is now publicly recorded , which should screw his business a little.

Rather than lose the $4000 completely, see if a lawyer can chase him and wind up his business to force him to pay you. Might as well go hell for broke, rather than give him all your money.

Found out today that the bailiff was actually successful on the 14th! So now for the next step..

Woot woot!!!

I hope you have success getting your money back.
It's always disappointing to hear about unscrupulous people like this in the industry.
I don't know how people like that can sleep at night.
They also make people distrustful of honest tradesmen who are doing the right thing.
Personally I'd be naming and shaming so at least others don't fall prey to the same guy.
Let us know how you go.

Well he didn't respond within the 14 day time limit so we get to request a judgement enforcement. ...This is all so confusing!

Hearing about things like this really annoys me, 75% of the amount upfront before any work is done is just ridiculous.

Ok so finally got to see this idiot in court...He owes money left right and centre. He will pay $25/week to reach a sum of $6030.....Wtf? ! That's almost 5 years he reckons he has no money and he spent our money on food....that's a lot of God damn food! Seeing as we put the application against the company abn he used and not him personally it seems we can't go after his personal possessions? Anyone know anything about sole traders and their responsibilities for their company especially when they use company funds to pay for food?!

You poor thing .they just know how to get around the system .really whats $25 a week . You would think he circumstances would change in 5 years . Goodluck .

If he has a workshop then you should be able to get an order to seize and sell his equipment, but it might be too late if you have accepted the $25 per week deal, but if he skips a payment then you may be able to drag him back to court and go for the equip.

Keep lawyer contact to a minium, you cant claim their fees back in minor case claims.