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I'm having trouble with a plumber: after paying him $4500 to…

Customer Question
I'm having trouble with...

I'm having trouble with a plumber: after paying him $4500 to fix a block sewage drain that, a few weeks later is again blocked, the plumber has ignored txts, voice messages & emails to rectify the problem. He spke to me ONCE in almost eight weeks now - on Christmas Day, of all days to respond - to say that he would come out on 29th Dec: Did not show!! I phoned him at 4.30pm - he said he could'nt make it. What can I do to force him to meet his obligations?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NSW

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

...it's been a health hazard with raw sewage above ground, neighbours complaining of the smell and I've been chasing this guy since 7 Dec '17 to fix the drain; nothing has been done!

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
1/4/2018
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,509
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 7 months ago

you can raise a claim against the trade for faulty work at NCAT seeking order that they fix the issue.

the alternative is to arrange another trade to fix the issue first if the situation is a safety hazard and then sue former trade for the costs that you incurred rectifying the matter

does this answer your important questions ?

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Customer reply replied 7 months ago
Very limited legal options to protect the consumer: I don't have another $4500 to pay another plumber to do the job immediately & lodging a compliant will not solve the problem for another 7-8 weeks!
Solicitor: John Melis, Lawyer replied 7 months ago

would you like me to help you by sending a letter to the trade who did the wrong thing ?

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Customer reply replied 7 months ago
Whats the cost of the letter?
Solicitor: John Melis, Lawyer replied 7 months ago

i have extended a special offer to talk on the telephone about your important matter and provide more detailed solutions for you if you prefer which you can also do.

you have a legal right to be protected

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Customer reply replied 7 months ago
After checking the trade's BC, there is now street or POBox address (That should have been a red flag upfront, right there!)
Customer reply replied 7 months ago
He was referred through HiPages, an online agency who have resisted any responsibility as to the integrity of the tradies they refer on to customers!
Solicitor: John Melis, Lawyer replied 7 months ago

the key point is you do have a legal right to raise a claim against the trader, lets send a letter to them to get your situation fixed by putting them on notice.

what do think ?

We can talk on the phone if you prefer ?

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Customer reply replied 7 months ago
There is no street or POBox address - only a email address
Solicitor: John Melis, Lawyer replied 7 months ago

we can locate that trade person through and ASIC search

have you considered that point ?

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Customer reply replied 7 months ago
The info on ASIC is over three years old & has not been updated. The only address for the contractors license holder is a different address in the same neighbourhood.The ph# ***** the address on ASIC is no longer connected
Solicitor: John Melis, Lawyer replied 7 months ago

from asic i will be able to obtain the personal details of the owner of the business. ASIC has a section for this type of information

would you like to do a full asic search ?

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Customer reply replied 7 months ago
but how much? I'm still paying off the $4500 I borrowed to pay him in the first place.
Solicitor: John Melis, Lawyer replied 7 months ago

Asic search is only $25.00

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Customer reply replied 7 months ago
As a pensioner I have very limited funds.
Go ahead with the ASIC search
Solicitor: John Melis, Lawyer replied 7 months ago

Asic search is only small fee

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Solicitor: John Melis, Lawyer replied 7 months ago

lets talk on the phone for more details

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Customer reply replied 7 months ago
On second thought, I'll do another ASIC search myself & follow up with a NCAT claim.
Thanks for the help
Mike V
Solicitor: John Melis, Lawyer replied 7 months ago

did I answer your important questions today

or would you like further help ?

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