Browse Forums General Discussion 1 Sep 19, 2010 7:12 pm hi everyone, I hope some of the members on this forum have knowledge on this legal side of things pertaining to building contracts. Our build is almost complete. Our neighbour found this fencing guy who lives in the next street to us to build the fence and a limestone retaining wall. The agreement (verbal no written contract) was half payment prior to work and half after the job is complete. The fencer asked us cash but we insisted on bank transfer. Due to miscommunication between us and the neighbour we both ended up paying our halves for the job. Its 2 months since we payed this guy and he had promised fence to be complete within one week of receiving payment. Now he is not returning our calls. His wife who is the only one at home says she has no idea about this. Can someone tell me what is the next step and whom should we contact to at least get the money back. Would it be expensive to approach a lawyer and send a legal notice. Thanks guys Re: advise needed ASAP 2Sep 19, 2010 8:48 pm Contact consumer affairs and get them to send him a letter. Otherwise if you made payment thru your bank - contact them and get them to reverse the transaction. No goods were or services were recieved at your end so you are perfectly within your rights to do this. I bought a dining table from a furniture company that ended up going bankrupt about 3 months ago. I was promised delivery (even after I found out they closed down) however after 2 months it never arrived. I contacted my bank and they reversed the transaction in about 1 week - approx $1500 back into my account. They send the other company a letter advising that they can dispute the transaction - however seeing as no goods were delivered they can't dispute. Re: advise needed ASAP 3Sep 19, 2010 11:30 pm wow sveta thats a not very nice neighbour (the fence guy). what a bad way to start living round the corner. personally i would write a letter with your and your neighbours names and the dates of the transfer with the agreed job and ask him to get in contact to arrange completion of the job. if you hear nothing within a few days i would then proceed to legal action. i know when my sister was in an accident and needed help there is a free legal aide available but its only for low income earners. maybe go to the court house and try fight it yourself and avoid the costs. good luck When times get tough build a house...Our second build Re: advise needed ASAP 4Oct 04, 2010 9:54 am thank you for all the advise. As hmmmmm advised i have requested my bank to reverse the payment. According to ANZ, the fencer's a/c is with CBH. They will send a request to CBH and the fencer requesting him to reverse the payment. So it basically in his hand now. Takes about 6-8 wks to get an outcome and only 50-50 chance. Well i thought that was better than nothing. My neighbour is very innocent. he is in a worser situation than mine. He payed cash and didnt even ask of a receipt. Thanx sharky and hmmm I am looking for someone who might have tackled a similar issue as me. I have a few rendered interior walls, the surface condition is hardly flat. I can see all the bumps… 0 7964 Hi All, I engaged a tradie to install concrete retaining wall 600-800mm high over 32 meters in Victoria. Sleepers are 200*75*2000 mm installed over 17 steel posts. I… 0 6900 Building Standards; Getting It Right! Don't think they are designed for double brick. WA has a particular way of building and unfortunately that's the way a large amount of sills are finished. 3 7004 |