Painter took deposit 3 months ago and still hasn’t started — what are my options?
Hi all, looking for some advice on the best way to handle this.
Back in April we had a painter come out to quote a job. We liked him, agreed to go ahead, and paid a $1,200 deposit. At the time, he said he would start about three weeks later.
It’s now three months later and the job still hasn’t commenced.
During that time, he has repeatedly told us we are “next just after I finish this current job” and that he’ll be starting “next week,” but nothing happens. In the meantime, he has also asked us for extra money, $300 to service his car and $500 to pay his rent, which he said would come off the final payment (I refused). He has mentioned having personal dramas going on, which we initially tried to be understanding about.
The final straw was last Wednesday when he had promised he would come and start the job but simply didn’t turn up and didn’t contact us.
I messaged him on Friday arvo saying we wanted to cancel the job and requested a refund, but he hasn’t read or responded to the message.
At this point, it feels pretty clear that he has spent our money on personal debts and probably isn’t in a position to refund it. It also feels like he has no real intention of doing the job.
What is my best recourse here? Is this a small claims / consumer affairs matter, or is there another step I should take first?
I’m in Queensland, Australia, if that makes a difference.