Heres a good one.

Old Nov 5th 2013, 7:17 am
  #1  
BE Enthusiast
Thread Starter
 
Mark Smith's Avatar
 
Joined: Jan 2012
Location: St Albans, Christchurch
Posts: 581
Mark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond repute
Default Heres a good one.

Hopefully I can keep this legal, but would like to give people a word of warning and ask some advice.

I had a driveway concreted back in August, paid the builder half upfront, half on completion. It was a little late finishing, but no dramas job done.

Had a visitor about 5 weeks later, the concrete company manager. Turns out my builder (a LTD company) had neglected to pay). Although the guy was polite, I felt a little threatened somebody turning up unannounced. After a call he assures me it was dealt with and the issue was with him, not me the paid up homeowner.

Today a letter taped to my back door from said concrete supplier.

Basically saying the concrete is their property and they have the right to remove goods from my house, without my consent. Not a solicitors letter, but their handwritten threat. Invoice is in my builders name, but my delivery address. I never entered into a contract with these guys and feel very threatened/vunerable.

I work pretty long hours and am worried that some xxxx is going to rob me whilst im out.

I'm a bit down at the moment after some pretty nasty surgery and feeling uncertain what to do. Any suggestions? Thanks in advance, Mark.
Mark Smith is offline  
Old Nov 5th 2013, 7:24 am
  #2  
BE Enthusiast
 
Joined: Jun 2003
Location: North Shore, Auckland
Posts: 688
bearskin has a reputation beyond reputebearskin has a reputation beyond reputebearskin has a reputation beyond reputebearskin has a reputation beyond reputebearskin has a reputation beyond reputebearskin has a reputation beyond reputebearskin has a reputation beyond reputebearskin has a reputation beyond reputebearskin has a reputation beyond reputebearskin has a reputation beyond reputebearskin has a reputation beyond repute
Default Re: Heres a good one.

Do you have the paperwork from the builder? If you have paid him, isn't it up to him to pay the suppliers? Who's next - Bunnings, wanting their screws back?
Is it a lot of money (what does a driveway cost)?
Sounds like Small Claims Dispute Court thing to me?
bearskin is offline  
Old Nov 5th 2013, 7:52 am
  #3  
BE Enthusiast
Thread Starter
 
Mark Smith's Avatar
 
Joined: Jan 2012
Location: St Albans, Christchurch
Posts: 581
Mark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond repute
Default Re: Heres a good one.

Its a grand, I've got contract receipts. More worried some a hole is going to rob me whilst I'm out working long hours. Not sure if I should get the police involved?
Puts me off ever using a builder/contractor ever again.
Mark Smith is offline  
Old Nov 5th 2013, 7:58 am
  #4  
MODERATOR
 
MrsFychan's Avatar
 
Joined: Oct 2011
Location: Wellington - I miss Castles, the NHS & English school system
Posts: 8,990
MrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond repute
Default Re: Heres a good one.

speak to the police, their trying it on. go to their place and stick a note on their door telling them to take a long jump off a short bridge

Last edited by MrsFychan; Nov 5th 2013 at 8:04 am.
MrsFychan is online now  
Old Nov 5th 2013, 8:22 am
  #5  
BE Forum Addict
 
Joined: Apr 2012
Posts: 1,603
RedDragon2008 has a reputation beyond reputeRedDragon2008 has a reputation beyond reputeRedDragon2008 has a reputation beyond reputeRedDragon2008 has a reputation beyond reputeRedDragon2008 has a reputation beyond reputeRedDragon2008 has a reputation beyond reputeRedDragon2008 has a reputation beyond reputeRedDragon2008 has a reputation beyond reputeRedDragon2008 has a reputation beyond reputeRedDragon2008 has a reputation beyond reputeRedDragon2008 has a reputation beyond repute
Default Re: Heres a good one.

Put "Do not Trespass" at front of your property.

Take photo of driveway (with current newspaper as evidence of date)

They come again they are trespassing

You can only collect on contract. You have no contract with them, there is nothing they can do legally. And if they act its criminal damage, no need for you to incur legal costs its criminal.

Next time anyone comes up, ask them to stand still while you take facial shot and ask for photo ID, drivers license for example - take photo, don't just view.

If you feel threatened call police.

Who is the concrete company? What was the name of the manager?
RedDragon2008 is offline  
Old Nov 5th 2013, 8:27 am
  #6  
BE Enthusiast
 
Joined: May 2010
Posts: 517
Robbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond repute
Default Re: Heres a good one.

If he comes back when your there issue him with a trespass notice.

http://www.google.co.nz/url?sa=t&rct...55980276,d.dGI

http://www.police.govt.nz/sites/defa...otice-form.pdf
Robbie2010 is online now  
Old Nov 5th 2013, 8:42 am
  #7  
BE Enthusiast
Thread Starter
 
Mark Smith's Avatar
 
Joined: Jan 2012
Location: St Albans, Christchurch
Posts: 581
Mark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond repute
Default Re: Heres a good one.

Thanks for the advice all, its a big Christchurch company. Probably not right to publish names online. I'm going to email him in the morning, clarifying my position, print out a trespass notice and serve it (also copy for the police).

Whilst I emphasise with any business being shafted, his gripe is not with me and I shouldn't be feeling threatened.
Mark Smith is offline  
Old Nov 5th 2013, 8:46 am
  #8  
MODERATOR
 
MrsFychan's Avatar
 
Joined: Oct 2011
Location: Wellington - I miss Castles, the NHS & English school system
Posts: 8,990
MrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond repute
Default Re: Heres a good one.

I would also tell them that if they continue to harass you not only will you take legal action against them you will also go to the papers
MrsFychan is online now  
Old Nov 5th 2013, 9:38 am
  #9  
*********
 
Catchafire's Avatar
 
Joined: May 2008
Location: Up in dem hills.........
Posts: 1,453
Catchafire has a reputation beyond reputeCatchafire has a reputation beyond reputeCatchafire has a reputation beyond reputeCatchafire has a reputation beyond reputeCatchafire has a reputation beyond reputeCatchafire has a reputation beyond reputeCatchafire has a reputation beyond reputeCatchafire has a reputation beyond reputeCatchafire has a reputation beyond reputeCatchafire has a reputation beyond reputeCatchafire has a reputation beyond repute
Default Re: Heres a good one.

Originally Posted by MrsFychan View Post
I would also tell them that if they continue to harass you not only will you take legal action against them you will also go to the papers
+1

Don't let yourself feel you are being bullied. Get all be help you can, police, lawyer, press.

I have had to use a lawyer on a couple of occasions and it won't cost you much to have one draft a "go %#}| yourself" letter.
Catchafire is offline  
Old Nov 5th 2013, 7:52 pm
  #10  
BE Enthusiast
 
Joined: May 2010
Posts: 517
Robbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond reputeRobbie2010 has a reputation beyond repute
Default Re: Heres a good one.

Originally Posted by MrsFychan View Post
I would also tell them that if they continue to harass you not only will you take legal action against them you will also go to the papers
And Fair Go. ...

http://tvnz.co.nz/fair-go
Robbie2010 is online now  
Old Nov 5th 2013, 8:12 pm
  #11  
BE Enthusiast
Thread Starter
 
Mark Smith's Avatar
 
Joined: Jan 2012
Location: St Albans, Christchurch
Posts: 581
Mark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond reputeMark Smith has a reputation beyond repute
Default Re: Heres a good one.

Police not interested - a civil matter and for all I know the builder may have signed a contract with the supplier saying I owe them directly - nonsense and not even legal! Have printed trespass forms and will serve Friday. Have already emailed fair go.
Spoke to the supplier who is adamant its my problem and debt. He says his approach is totally legal - BS! Needless to say I work in a big medical centre not too far away from the concrete supplier, so will happily tell staff and customers to give them a wide berth.
The reason I used this particular builder is that a work colleague recommended him. Turns out he's done the same to her (she's paid up in full) and the concrete company are putting the heat on her too, threatening to rip up her patios. Nice. Didn't really sleep last night
Mark Smith is offline  
Old Nov 5th 2013, 8:14 pm
  #12  
BE Forum Addict
 
Joined: Jan 2010
Location: In the middle of the continent
Posts: 1,708
Assanah has a reputation beyond reputeAssanah has a reputation beyond reputeAssanah has a reputation beyond reputeAssanah has a reputation beyond reputeAssanah has a reputation beyond reputeAssanah has a reputation beyond reputeAssanah has a reputation beyond reputeAssanah has a reputation beyond reputeAssanah has a reputation beyond reputeAssanah has a reputation beyond reputeAssanah has a reputation beyond repute
Default Re: Heres a good one.

If you have the money, hire a lawyer and have him write a nasty letter and let him/her tell you your other options. I am not sure if this is a police issue yet. It definitely will be once the company trespasses and damages your property by removing the concrete. But talking to the police now might be helpful.
Maybe complain to the commerce commission.

Last edited by Assanah; Nov 5th 2013 at 8:16 pm.
Assanah is online now  
Old Nov 5th 2013, 8:44 pm
  #13  
Account Closed
 
Joined: Nov 2011
Posts: 755
Tom1983 has a spectacular aura aboutTom1983 has a spectacular aura aboutTom1983 has a spectacular aura about
Default Re: Heres a good one.

The obvious problem is with your concrete layer and the supplier he has used. You should request the signed agreement that he/she has in place with this company. It looks like that he/she has not paid and that they've made an arrangement that any debts and missed payments are passed onto the customer

Technically this can cause issues as I know back home, companies who didn't receive payments from builders/contractors etc went to the actual work that was done to receive the money back. It all ended up with a lot of legal work being carried out and businesses losing their money. The customer paid the builder and the builder didn't pay. A lot of times, the builder was found at fault and had to pay through courts, as well as paying legal fees. Not the best place to seek an example but this was well documented by Dominic Littlewood (I think that's his name) in the Cowboy Builders programme.

I think this is what's going to have to happen with yourself, get yourself a lawyer to look at this. Definitely seek the agreement in place with the builder and supplier and look for contracts with the tools supplied from the supplier. Then you'll be able to see who is at fault. I would also seek to find why your address has been put, but the letter delivered to the builders. If they've done what I think they've done, their place of business or offce at the time of the work, has been set at your address - that could be a huge issue

You might want to contact the NZ equivalent of companies house and find out the address the builder/contractor was using at the time of doing your concrete. You need this mate big time. I also recommend your friends to seek this advice as well if he/she has done the same to them.
Tom1983 is offline  
Old Nov 5th 2013, 8:46 pm
  #14  
Account Closed
 
Joined: Nov 2011
Posts: 755
Tom1983 has a spectacular aura aboutTom1983 has a spectacular aura aboutTom1983 has a spectacular aura about
Default Re: Heres a good one.

Actually Mark, from reading your above note again - you definitely need to find where this building company set their company address to. Find out if your address has been used
Tom1983 is offline  
Old Nov 5th 2013, 10:24 pm
  #15  
BE Forum Addict
 
TommyLuck's Avatar
 
Joined: Aug 2012
Posts: 1,213
TommyLuck has a reputation beyond reputeTommyLuck has a reputation beyond reputeTommyLuck has a reputation beyond reputeTommyLuck has a reputation beyond reputeTommyLuck has a reputation beyond reputeTommyLuck has a reputation beyond reputeTommyLuck has a reputation beyond reputeTommyLuck has a reputation beyond reputeTommyLuck has a reputation beyond reputeTommyLuck has a reputation beyond reputeTommyLuck has a reputation beyond repute
Default Re: Heres a good one.

Originally Posted by Mark Smith View Post
The reason I used this particular builder is that a work colleague recommended him. Turns out he's done the same to her (she's paid up in full) and the concrete company are putting the heat on her too, threatening to rip up her patios. Nice. Didn't really sleep last night

Feel for you mate

As per the above, sounds like someone is on the con - perhaps in collaboration with each other to scare people into forking out more.

Perhaps you could team up with said colleague if the situation is ideal and share the load and costs of legal advice.

As for the Police, sounds like you're effectively being harrassed and potentially extorted. Sounds like a criminal matter to me.
TommyLuck is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.