Tradie under fire for accepting deposit for work never done

Home owners have been warned about the risks of paying large deposits upfront for work to be undertaken, after a Western Australian paver took a 50 per cent deposit for a job he never showed up to.

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Consumer Protection Western Australia said Massimo Marcello Mario Douchamps, trading as M Renovations, had pleaded guilty in the Perth Magistrates Court for receiving a $2,535 deposit from a customer in November 2020, and never returned to complete the job.

It was reported that the customer was quoted $5,070 by Mr Douchamps to supply and install pavers in the back garden and fit a side gate. The paver took the deposit and agreed to undertake the work within the next few weeks. This never eventuated; he stopped responding to the customer’s messages and never returned.

As a result of the court action, Mr Douchamps was ordered to compensate the customer for their deposit, and was hit with a $4,000 fine and costs of $1,000.

Magistrate Heath, who oversaw the proceedings, said it was necessary to enforce provisions of this kind to protect consumers.

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Commissioner for Consumer Protection Tim Banfield said it was unacceptable for tradespeople to take deposits without completing the work.

“Let this be a warning for other tradespeople – you are breaking the law if you take money from customers and don’t undertake the work in a reasonable time, or by the completion date listed on the contract, and we will not hesitate to take action,” he stated.

The commissioner said it was also a reminder to consumers about the risks associated with paying large deposits upfront. He recommends only paying a small amount before work begins or negotiating progress payments on bigger jobs.

“Paying by credit card can be a good option, as it offers extra protection by allowing consumers to apply for a chargeback if the goods or services are not provided.”

He also urges anyone who has paid a deposit, experienced unreasonable delays in the delivery of goods and services, and who cannot resolve the issue with the business “to lodge a complaint with Consumer Protection”.

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