Consumer Affairs Victoria

Has anyone had experience with Consumer Affairs Victoria?
After our experience I'm not sure why they exist?
We've been trying for 2 1/2 years to get a number of things finished or fixed in our house including 2 leaking showers which have caused a heap of damage to floor boards, cabinets, architraves etc.
Anyway to cut a LSS we lodged a complaint with CAV in early March and all they seem to have done is send a list of items to the builder NDH and ask them how long will it take. The builder replied that he would do then in a 'timely manner' and that was it?
We've had 2 broken apointments from the builder since then and we look like idoits.
Is it a case of 'you get what you pay for'
I'd be interested to hear others experiences with Consumer Affairs Victoria.


edited by forum support

I understand your frustration. In SA they are no better than a vague advisory service, never brave enough to put replies in writing and leaving you to sort it out yourself. One talk-back radio station had a weekly (or was it weakly) show where an OCBA staffer attempted to answer questions, but most referrals were treated in such a useless manner the segment was soon dropped.

Basically they are just another inept government department bludging off the public purse, with overpaid staff who achieve nothing.

Just wondering if you had a time frame in writing when the repairs had to be done? Can you go back to Consumer Affairs if you are not happy. So far we have found them very professional and helpful to deal with.

Hi Mudmap. Have you contacted VCAT?

I've had one experience with Consumer Affairs (nothing to do with building) and they were pretty much a toothless tiger. In my case, the amount involved was less than $50 and once they'd exhausted their resources (which appeared to involve attempting to make a phone call) wasn't worth taking any further action over. Your problem sounds like it's worth getting some proper legal advice though...

I'd be talking to VCAT and if that gets nowhere, contacting a lawyer.

Consumer affairs are great for advice and a bit of empowerment, we have really benefitted from them as a sounding board. To be honest thats all they realy should be expected to do because if you really cant get satisfaction from your builder its either VCAT or small claims court. I would give consumer affairs a call and let them know that the builder is thumbing his nose in their face and yours, I'm sure they would be keen to bring him to the attention of the MBA if hes a member and act to deregister him. I would give VCAT a ring and start the ball rolling there as the wait time can be long....sad so many people in that queue.

Thanks for your replies.
We continue to have issues with our builder who have broken another appointment this morning (which means my wife looses another days pay).
I'm not allowed to mention the builder's name so he has some protection against me.
CAV suggest we attempt to get a time frame from the builder but the only person I get to speak to is the receptionist and she isn't able to give me any commitments.
I will post a new thread asking if anyone can recommend a solicitor in Melbourne South East suburbs who have experience with these types of case.
I will also look up VCAT as per kek's advise above. Thanks

Websites that permit naming and shaming are Whirlpool or Not Good Enough. Just be sure of your facts and dont embellish your problems and you will be OK

Let's name and shame government departments instead.

I would agree with Kek and look into VCAT, the only problem being that I have heard it is quite a wait to have your case heard at VCAT.

It's a ridiculous situation we now have where we have to consider whether the items remaining are worth fighting over.
We now have 2 of our 3 showers useable but the unrepaired water damage includes the bathroom cabinets, broken floor tiles, achitraves and swollen floor boards. Unpainted doors and downpipes are probably not worth the stress.
I think that the builder has a general rule that if they leave the last 5% of items unfinished the purchasers will give up.
I don't know if thats common and I'm just being stubborn.
I'll definitely do some research with regard to VCAT, what have I got to loose except for money and my sanity?

mudmap, see my comment here. The builder might have shut up shop.

viewtopic.php?f=31&t=8915&p=903117#p903117

I agree with mudmap it's ridiculous situation, the law does not protect the consumer, it only pretends it does. We have Consumer Affairs with no power of enforcement, they can only get you the result if both parties operate in good faith.

Sometimes just lodging a VCAT claim will kick start the builder to take you seriously and you can do that without breaking the bank. The problem is if the builder is obstinate ( there are some serial offenders out there) then you will need to spend money on expert evidence and representation. Don't be scared go for it. There are stories on people taking on builders and winning (there is nothing like winning!) but you must do your homework well and be well prepared. But also be prepared for the cost and that you may not like a decision.
Wherever possible try to settle your differences and yes you are right, some builders know you have a tough hill to climb to get justice and will hope you will drop off because it's too hard.

I think nothing will improve until we have a system of demerit points for builders, get enough and their bank account is frozen, but don't hold your breath.

There is plenty of info on VCAT web site, read it, and some useful blogs on my web site with actual cases

NDH has been appointed an external administrator. Let's continue the discussions here
viewtopic.php?f=31&t=59131

Couldn't agree more with Building-Expert.
We have had problems with our builder since the day we signed contract. Nearly 12 months on and we are going to VCAT, Consumer Affairs was a pointless exercise for us. Yes its costing us alot of dollars but am now glad that we continued the process as the builder has another handfull of cases against him going through VCAT.

funny thing, i dont understand why people are not going to the building commission to get an expert commission report. it is cheap and will usually persuade any builder to fix the defect, leighton at clark new homes

Hi Leighton

Actually, many people have been to Building Commission and have been disappointed, when they have wasted their time then they come to me.

What I don't understand is how anyone can think they will get anything useful from a body that has been subject of corruption and incompetence investigation. If they can't run their own house how will they fix yours? Do they think it because it's free?

Well. If it's free it's not worth having and may actually be detrimental to your claim.

I have had Building Commission inspector on site (a registered engineer) that did not know terminology of house framing members, another one (a building surveyor) did not know BCA (I had to teach him site levels) and a building inspector (on the board of Building Practitioners Board) that had no academic qualification other than a lowly certificate, yet he was assessing applicants from the boot of his car in his spare time. The only time I have seen a half decent report, my client a lady said that the inspector was extremely rude and demeaning to her.

I have spent lot of time writing blogs on the subject and about my experiences so if you read them you will get a good picture as to what people are up against.

And you have what power to make builders fix defects that you find?

Unfortunately the only way is VCAT but even if you get a finding in your favour, they still may not pay up. VCAT are the only body that have the legal power to issue a notice that is legally binding.

Lets hope builders start to realise the 'power of the internet' and sites like this one to highlight poor performances.
Publising shody workmanship on thses sites you would think can wipe out alot of expensive advertising.

Yes I have the power of knowledge, to empower my clients to get the best result possible, often under difficult conditions. Yes you are right , you can get the judgment and still not get paid. The road to justice is usually a steep hill to climb and I am road side assistance.

ha ha ... well said